INTRODUCTION. Approval: Ismael Mijares, Deputy Superintendent for Business and Finance

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2 INTRODUCTION The Purchasing Department of the Eagle Pass Independent School District is a part of the Business and Finance Department and responsible for the organization and administration of the purchasing/procurement functions for the District in accordance with the authority delegated by the Superintendent and Board of Trustees. As a support organization of the District charged with the acquisition of goods and services requested by instructional and administrative departments, The Purchasing Department will function in a manner consistent with applicable laws, School Board policies, the Uniform Commercial Code and other sound business practices. The Purchasing Department shares with the Business and Finance Department and other fiscal offices the responsibility of expending District funds in such a manner that will meet all requirements of the State, Federal, and District procurement regulations and safeguard the public trust. Effective purchasing is a cooperative venture between the Purchasing Department and the schools and other departments within the District. The purpose of this manual is to provide guidelines and procedures for the Purchasing Department staff and others involved in the procurement process throughout the District. Situations will undoubtedly arise which are not fully covered by these procedures. The Purchasing Department staff is available to discuss and/or assist in any special situations or needs and will facilitate a solution in the best interest of the students and staff of EPISD. The purchasing procedures contained in the document are intended to comply with all applicable laws, policies, and procedures. In the event of conflict, the appropriate law or policy shall prevail. Approval: Ismael Mijares, Deputy Superintendent for Business and Finance Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its education programs, activities, or employment as required by Title IX, Section 504 and Title VI.

3 TABLE OF CONTENTS Business and Finance Organizational Chart. Page 1 Purchasing Dept. Policy. Page 2 Board Policy CDB. Page 3 Board Policy CH. Page 7 Board Policy CHE. Page 23 Board Policy CHF. Page 25 Board Policy CHG. Page 28 Board Policy CHH. Page 31 Board Policy CI. Page 32 Board Policy CJA. Page 34 Board Policy COA. Page 39 Board Policy CS. Page 40 Board Policy CV. Page 49 Board Policy CVA. Page 66 Board Policy CVB. Page 69 Board Policy CVC. Page 72 Board Policy CVD. Page 74 Board Policy CVE. Page 78 Board Policy CVF. Page 82 Board Policy CX. Page 85 Purchasing Dept. Procedures. Page 87 Purchasing Procedures Manual (PP000). Page 88 Purchasing Authority (PP010). Page 89 Category I Price Quotations (PP020). Page 91 Category II Price Quotations (PP025). Page 92 Category III Competitive Procurement (PP030). Page 95 DIR Purchases (PP035). Page 125

4 TABLE OF CONTENTS Cooperative Purchasing (PP040). Page 128 Quotation and Bid Awards (PP045). Page 129 Preparation of Purchase Orders (PP050). Page 130 Preparation of Food Service Purchase Requests (PP053)..... Page 147 Preparation of Maintenance Purchase Requests (PP055).... Page 148 Preparation of Transportation Purchase Requests (PP057).... Page 149 Bi-Weekly Blanket P. O. (PP060). Page 150 Sole Source Purchase Requests (PP065). Page 151 Rush Purchase Requests (PP070). Page 157 Local Vendor Purchase Card (PP075).... Page 158 Purchase of Maintenance Related Items (PP080). Page 161 Electronic Commerce (PP085). Page 162 Charter Bus Transportation Services (PP087). Page 163 Consultant Contracts (PP090). Page 165 Expediting of Purchase Orders (PP093). Page 179 Delivery of Orders (PP097). Page 180 Cancellation of Purchase Orders (PP100). Page 183 Time Frame for Order Processing (PP105). Page 184 Vendor Application (PP110). Page 185 Vendor Relations (PP115). Page 187 Local Vendor Encouragement (PP117). Page 188 Vendor Visitations (PP120). Page 189 Vendor Information Changes (PP125). Page 192 Vendor Performance Evaluations (PP130). Page 196 New Vendors (PP135). Page 198 Preparation of Warehouse Requisitions (PP140). Page 199 Preparation of Printing/Copy Requisitions (PP150). Page 205

5 TABLE OF CONTENTS Transfer and Storage of Surplus Property (PP160)..... Page 210 Disposition of Surplus Property (PP170). Page 214 Standardization of Material (PP180). Page 216 Recycled Products (PP185). Page 217 Ethical Practices (PP190). Page 218 Advertisement Policy (PP195). Page 219 Facilities Construction (PP200). Page 220 Procuring Architectural/Engineering Services (PP205). Page 221 Payment and Performance Bonds (PP210). Page 222 Workers Compensation Insurance (PP215). Page 223 Legal Considerations (PP300). Page 224

6 FLORINDA YANEZ SECRETARY TO DEPUTY SUPERINTENDENT 5 ISMAEL MIJARES DEPUTY SUPERINTENDENT FOR BUSINESS & FINANCE 20 LUIS VELEZ PURCHASING DIRECTOR 15 RENE ROBLEDO BUDGET OFFICER 14 JOSE ESQUIVEL BUS. & FINANCE DIRECTOR 17 GABRIELA VAN DER MAAL BUS. & FINANCE SPECIALIST 5 RAYMUNDO E. HERRERA PURCHASING SPECIALIST 5 REYMUNDO LOPEZ FIN. ADM.-PURCH. CLERK 4 CINDY GOMEZ FIN.ADM.-PURCH.CLERK 4 ROBERTO LOPEZ WRHSE. SUPERVISOR 56 PEDRO FLORES ASST. WRHSE. SUPERV. 55 TEODORO DELGADO WAREHOUSEMAN 54 LEOPOLDO BARRIENTOS WAREHOUSEMAN 54 ROLANDO CASTILLO WAREHOUSEMAN 54 ALFREDO MARTINEZ WAREHOUSEMAN 54 ALVARO DOMINGUEZ WAREHOUSEMAN 54 JOSE RODRIGUEZ WAREHOUSEMAN 54 JUAN C. RODRIGUEZ WAREHOUSEMAN 54 JOSE NEGRETE PRINT SVCS. MANAGER 7/8 PATRICK J. OGREN GRA./LAYOUT DESIGNER 6 CESAR CHAVEZ SKILLED PRINTER 55 GUADALUPE GONZALEZ PRESS OPERATOR 54 FRANK HUERTA PRESS OPERATOR 54 HECTOR SOTO, JR. PRESS OPERATOR 54 CYNTHIA CHONG BUDGET SPECIALIST 5 DENISSE PAULASOSA ACCTS. PAYABLE SUPV. 6 PRICILLA INCLAN FIN. ADM.-A/P CLERK 4 CAROLYN NAVARRO FIN. ADM.-A/P CLERK 4 TANYA SANCHEZ FIN. ADM.-A/P CLERK 4 SANTA MA. MADERA LEAD CUSTODIAN 54 PAULINO RAMIREZ CUSTODIAN 52 EAGLE PASS I.S.D. BUSINESS & FINANCE DEPT. ORGANIZATIONAL CHART SUSANA PEREZ ACCOUNTING DIRECTOR 15 CYNTHIA CAMPOS STAFF ACCOUNTANT 7/8 PATRICIA DE LOS SANTOS STAFF ACCOUNTANT 7/8 CECILIA CASTILLO STAFF ACCOUNTANT 7/8 LINDA RAMIREZ FIN. ADM.-ACCNTG.CLK. 4 ISABEL CAPETILLO FIN. ADM.-ACCNTG.CLK. 4 ROLANDO MTZ. DE LEON TAX ASSESSOR-COLL. 14 ALEXIS K. RODRIGUEZ ASST. TAX ASSESS-COLL. 7 BRIANNE COSTILLA FIN. ADM. TAX CLERK 4 GENARO VAN DER MAAL FIN. ADM. TAX CLERK 4 TOHUI VALERO RISK MANAGEMENT DIR. 15 MARTHA LOPEZ RISK MNGMT. SPECIALIST 5 DIANA DENIZ BROWN BENEFITS COORDINATOR 14 RUBEN SANCHEZ BENEFITS SPECIALIST 5 JESSICA ROBLEDO BENEFITS SPECIALIST 5 LAURA ZAPATA BENEFITS SPECIALIST 5 SILVIA S. DIAZ PAYROLL SUPERVISOR 7/8 MARIA D. GARCIA PAYROLL SPECIALIST 5 RAUL BERMEA PAYROLL SPECIALIST 5 MARIA MARTINEZ PAYROLL SPECIALIST 5 JOSE A. NEGRETE PAYROLL SPECIALIST 5 NELLY HERNANDEZ PAYROLL SPECIALIST 5 VIRIDIANA ZAPATA PAYROLL SPECIALIST 5 Page 1 UPDATED

7 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING POLICY Page 2

8 Eagle Pass ISD OTHER REVENUES SALE, LEASE, OR EXCHANGE OF SCHOOL-OWNED PROPERTY CDB (LEGAL) SALE OR EXCHANGE OF REAL PROPERTY PUBLICATION OF NOTICE AND BIDDING REQUIREMENTS OPEN- ENROLLMENT CHARTER SCHOOL OFFER EXCEPTIONS GENERALLY The Board may authorize the sale of any property, other than minerals, held in trust for free school purposes, by means of a Board resolution. The Board President shall execute a deed to the purchaser reciting the Board resolution authorizing the sale. The District may employ, retain, contract with, or compensate a licensed real estate broker or salesperson for assistance in the acquisition or sale of real property. Education Code Except for the types of land and interests described below, before land owned by the District may be sold or exchanged for other land, notice to the general public of the offer of the land for sale or exchange must be published in a newspaper of general circulation in either the county in which the land is located or, if there is no such newspaper, in an adjoining county. The notice must include a description of the land, including its location, and the procedure by which sealed bids to purchase the land or offers to exchange the land may be submitted. The notice must be published on two separate dates and the sale or exchange may not be made until after the 14th day after the date of the second publication. Local Gov t Code (a) If the Board intends to sell, lease, or allow use for a purpose other than a District purpose of an unused or underused District facility, it must give each open-enrollment charter school located wholly or partly within the boundaries of the District the opportunity to make an offer to purchase, lease, or use the facility, as applicable, in response to any terms established by the Board, before offering the facility for sale or lease or to any other specific entity. The Board is not required to accept an offer made by an open-enrollment charter school. Education Code The notice and bidding requirements set out above do not apply to the types of land and real property interests described below and owned by the District. The land and those interests described below may not be conveyed, sold, or exchanged for less than the fair market value of the land or interest unless the conveyance, sale, or exchange is with one or more abutting property owners who own the property outright. The fair market value is determined by an appraisal obtained by the district that owns the land or interest. The appraisal price is conclusive of the fair market value of the land or interest. This applies to: 1. Narrow strips of land, or land that because of its shape, lack of access to public roads, or small area cannot be used independently under its current zoning or under applicable subdivision or other development control ordinances; 2. Streets or alleys, owned outright or used by easement; DATE ISSUED: 10/16/ of 4 UPDATE 98 CDB(LEGAL)-B Page 3

9 Eagle Pass ISD OTHER REVENUES SALE, LEASE, OR EXCHANGE OF SCHOOL-OWNED PROPERTY CDB (LEGAL) 3. Land or a real property interest originally acquired for streets, rights-of-way, or easements that the political subdivision chooses to exchange for other land to be used for streets, rights-of-way, easements, or other public purposes, including transactions partly for cash; 4. Land that the District wants to have developed by contract with an independent foundation; 5. A real property interest conveyed to a governmental entity that has the power of eminent domain; or 6. The land or interests described by items 1 and 2 above may be sold to: a. Abutting property owners in the same subdivision if the land has been subdivided; or b. Abutting property owners in proportion to their abutting ownership, and the division between owners must be made in an equitable manner. This section does not require the Board to accept any bid or offer or to complete a sale or exchange. Local Gov t Code (b) (d) HIGHER EDUCATION INSTITUTIONS OTHER POLITICAL SUBDIVISIONS The District may donate, exchange, convey, sell, or lease land, improvements, or any other interest in real property to an institution of higher education for less than its fair market value and without complying with the notice and bidding requirements in order to promote a public purpose related to higher education. The District shall determine the terms and conditions of the transaction so as to effectuate and maintain the public purpose. Local Gov t Code (j) The District may donate or sell for less than fair market value and without complying with the notice and bidding requirements a designated parcel of land or an interest in real property to another political subdivision if: 1. The land or interest will be used by the political subdivision to which it is donated or sold in carrying out a purpose that benefits the public interest of the donating or selling district; 2. The donation or sale of the land or interest is made under terms that effect and maintain the public purpose for which the donation or sale is made; and 3. The title and right to possession of the land or interest revert to the donating or selling district if the acquiring political sub- DATE ISSUED: 10/16/ of 4 UPDATE 98 CDB(LEGAL)-B Page 4

10 Eagle Pass ISD OTHER REVENUES SALE, LEASE, OR EXCHANGE OF SCHOOL-OWNED PROPERTY CDB (LEGAL) division ceases to use the land or interest in carrying out the public purpose. Local Gov t Code (l) SALE OF INSTRUCTIONAL FACILITY FINANCED WITH STATE ALLOTMENT LEASE OF PROPERTY TO A GOVERNMENTAL ENTITY SALE OR LEASE OF MINERALS PUBLICATION OF NOTICE MINERAL LEASES If an instructional facility financed by bonds paid with state and local funds under Chapter 46 of the Education Code is sold before the bonds are fully paid, the District shall send to the comptroller a percentage of the District s net proceeds as required by statute. Education Code [See also CCA] To promote a public purpose of the District, the District may: 1. Lease property owned by the District to another political subdivision or an agency of the state or federal government; or 2. Make an agreement to provide office space in property owned by the District to the other political subdivision or agency. The District: 1. Shall determine the terms of the lease or agreement so as to promote and maintain the public purpose; 2. May provide for the lease of the property or provision of the office space at less than fair market value; and 3. Is not required to comply with any competitive purchasing procedure or any notice and publication requirement imposed by this chapter or other law. Local Gov t Code Sale or lease of minerals in land belonging to the District shall be authorized by a resolution adopted by a majority of the Board. Education Code ; Natural Resources Code The Board must give notice of its intention to lease the land. The notice must be published once a week for three consecutive weeks in a newspaper published in the county and with general circulation in the county, and shall: 1. Describe the land to be leased; and 2. Designate the time and place at which the Board will receive and consider bids for the lease. Natural Resources Code When the sale or lease of minerals has been authorized by the Board, the Board President may execute a lease or may sell or exchange the minerals in accordance with the terms authorized by DATE ISSUED: 10/16/ of 4 UPDATE 98 CDB(LEGAL)-B Page 5

11 Eagle Pass ISD OTHER REVENUES SALE, LEASE, OR EXCHANGE OF SCHOOL-OWNED PROPERTY CDB (LEGAL) the Board. The mineral lease or deed shall recite the approval of the Board. Education Code DONATION OF FORMER SCHOOL CAMPUS The Board may, by resolution, authorize the donation of real property and improvements formerly used as a school campus to a municipality, county, state agency, or nonprofit organization if: 1. Before adopting the resolution, the Board holds a public hearing concerning the donation and, in addition to any other notice required, gives notice of the hearing by publishing the subject matter, location, date, and time of the hearing in a newspaper having general circulation in the territory of the District; 2. The Board determines that: a. The improvements have historical significance; b. The transfer will further the preservation of the improvements; and c. At the time of the transfer, the District does not need the real property or improvements for educational purposes; and 3. The entity to whom the transfer is made has shown, to the satisfaction of the Board, that the entity intends to continue to use the real property and improvements for public purposes. The Board President shall execute a deed transferring ownership of the real property and improvements to the municipality, county, state agency, or nonprofit organization. The deed must: 1. Recite the resolution of the Board authorizing the donation; and 2. Provide that ownership of the real property and improvements revert to the District if the municipality, county, state agency, or nonprofit organization: a. Discontinues use of the real property and improvements for public purposes; or b. Executes a document that purports to convey the property. Education Code (a) (b) Note: Regarding disposal of school buses, see CNB. Regarding disposal of school-owned personal property, see CI. Regarding geospatial data products, see CQA. DATE ISSUED: 10/16/ of 4 UPDATE 98 CDB(LEGAL)-B Page 6

12 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) BOARD AUTHORITY DELEGATION OF AUTHORITY DISASTER EXCEPTION PURCHASES VALUED AT OR ABOVE $50,000 The Board may adopt rules and procedures for the acquisition of goods and services. Education Code (d) The Board may delegate its authority regarding an action authorized or required to be taken by the District by Education Code Chapter 44, Subchapter B, to a designated person, representative, or committee. The Board may not delegate the authority to act regarding an action authorized or required to be taken by the Board by Education Code Chapter 44, Subchapter B. Notwithstanding any other provision of the Education Code, in the event of a catastrophe, emergency, or natural disaster affecting the District, the Board may delegate to the Superintendent or designated person the authority to contract for the replacement or repair of school equipment under Education Code Chapter 44, Subchapter B if emergency replacement or repair is necessary for the health and safety of District students and staff. Education Code All District contracts for the purchase of goods and services, except contracts for the purchase of produce or vehicle fuel, valued at $50,000 or more in the aggregate for each 12-month period, shall be made by the method that provides the best value for the District: 1. Competitive bidding for services other than construction services. 2. Competitive sealed proposals for services other than construction services. 3. A request for proposals for services other than construction services. 4. An interlocal contract. 5. The reverse auction procedure as defined by Government Code (d). 6. The formation of a political subdivision corporation under Local Government Code Education Code (a) DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 7

13 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) Note: Regarding construction of school facilities, see CV generally; CVA for competitive bidding; CVB for competitive sealed proposals; CVC and CVD for contracts using a construction manager; CVE for design/build contracts; and CVF for job order contracts for minor repairs/alterations. FACTORS In awarding a contract, the District shall consider: 1. Purchase price. 2. The reputation of the vendor and of the vendor s goods and services. 3. The quality of the vendor s goods or services. 4. The extent to which the goods or services meet the District s needs. 5. The vendor s past relationship with the District. 6. The impact on the ability of the District to comply with laws relating to historically underutilized businesses. 7. The total long-term cost to the District to acquire the goods or services. 8. For a contract that is not for goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor s ultimate parent company or majority owner has its principal place of business in this state or employs at least 500 persons in this state. 9. Any other relevant factor specifically listed in the request for bids or proposals. Education Code (b) In awarding a contract by competitive sealed bid under Education Code , a district that has its central administrative office located in a municipality with a population of less than 250,000 may consider a bidder s principal place of business in the manner provided by Local Government Code This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. Education Code (b-1) DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 8

14 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) The factors listed above are the only criteria that may be considered by the District in its decision to award a contract. R.G.V. Vending v. Weslaco Indep. Sch. Dist., 995 S.W.2d 897 (Tex. App. Corpus Christi 1999, no pet.). OUT-OF-STATE BIDDERS CONTRACT WITH PERSON INDEBTED TO DISTRICT NOTICE PUBLICATION The Board shall not award a contract for services or for purchase of supplies, materials, or equipment to a bidder whose principal place of business is not in this state, unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the greater of the amount by which a resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident s principal place of business is located, or a state in which a majority of the manufacturing relating to the contract will be performed. Gov t Code This requirement shall not apply to a contract involving federal funds. The District shall rely on information published by the comptroller in evaluating the bids of a nonresident bidder. Gov t Code The Board may, by resolution, establish regulations permitting the District to refuse to enter into a contract or other transaction with a person indebted to the District. The District may refuse to award a contract to or enter into a transaction with an apparent low bidder or successful proposer that is indebted to the District. The term person includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that seeks to enter into a contract or other transaction with the District requiring Board approval. Education Code Notice of when and where bids or proposals or the responses to a request for qualifications will be received and opened shall be published in the county where the District s central administrative office is located, once a week for at least two weeks prior to the deadline for receiving bids, proposals, or responses to a request for qualifications. If there is no newspaper in that county, the advertising shall be published in a newspaper in the county nearest the county seat of the county in which the District s central administrative office is located. In a two-step procurement process, the time and place where the second-step bids, proposals, or responses will be received are not required to be published separately. Education Code (g) DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 9

15 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) ELECTRONIC BIDS OR PROPOSALS PROFESSIONAL SERVICES EMERGENCY DAMAGE OR DESTRUCTION The District may receive bids or proposals through electronic transmission if the Board adopts rules to ensure the identification, security, and confidentiality of electronic bids or proposals and to ensure that the electronic bids or proposals remain effectively unopened until the proper time. An electronic bid or proposal is not required to be sealed. A provision of Education Code Chapter 44 that applies to a sealed bid or proposal applies to a bid or proposal received through electronic transmission in accordance with the rules adopted by the Board. Education Code The purchasing requirements of Education Code do not apply to a contract for professional services rendered, including the services of an architect, attorney, certified public accountant, engineer, or fiscal agent. The District may contract for professional services rendered by a financial consultant or a technology consultant in the manner provided by Government Code , in lieu of the methods provided by Education Code Education Code (f) Competitive bids shall not be solicited for professional services of any licensed or registered certified public accountant, architect, landscape architect, land surveyor, physician, optometrist, professional engineer, state-certified or state-licensed real estate appraiser, or registered nurse. Contracts for these professional services shall be made on the basis of demonstrated competence and qualifications to perform the services and for a fair and reasonable price. Gov t Code ,.003(a) An interlocal contract between the District and a purchasing cooperative may not be used to purchase engineering or architectural services. Gov t Code (h) [See also CV] If school equipment, a school facility, or a part of a school facility or personal property is destroyed or severely damaged or, as a result of an unforeseen catastrophe or emergency, undergoes major operational or structural failure, and the Board determines that the delay posed by the methods provided for in Education Code would prevent or substantially impair the conduct of classes or other essential school activities, then contracts for the replacement or repair of the equipment, school facility, or the part of the school facility may be made by methods other than those required by Education Code Education Code (h) DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 10

16 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) COMPUTERS AUTOMATED INFORMATION SYSTEM AUTOMATED EXTERNAL DEFIBRILLATORS SOLE SOURCE INSURANCE MULTIYEAR CONTRACTS The District may acquire computers and computer-related equipment, including computer software, through the Department of Information Resources (DIR) under contracts with the DIR in accordance with Government Code Chapter 2054 or Education Code (i) The District may purchase an automated information system using the purchasing method described by Government Code for commodity items or a purchasing method designated by the comptroller to obtain the best value for the state, including a request for offers method. A district that purchases an item using a method listed above satisfies any state law requiring the district to seek competitive bids for the purchase of the item. Gov t Code ; 34 TAC A school that purchases or leases an automated external defibrillator, as defined by Health and Safety Code , shall ensure that the defibrillator meets standards established by the federal Food and Drug Administration. Education Code Compliance with Education Code is not required for purchases that are available from only one source, including: 1. An item for which competition is precluded because of a patent, copyright, secret process, or monopoly. 2. A film, manuscript, or book. 3. A utility service, including electricity, gas, or water. 4. A captive replacement part or component for equipment. The sole source exception shall not apply to mainframe data processing equipment and peripheral attachments with a single-item purchase price in excess of $15,000. Education Code (j) (k) A contract for the purchase of insurance is a contract for the purchase of personal property and shall be made in accordance with Education Code Education Code ; Atty. Gen. Op. DM-347 (1995) The District may execute an insurance contract for a period longer than 12 months, if the contract contains either or both of the provisions described at COMMITMENT OF CURRENT REVENUE, below. If the District executes a multiyear insurance contract, it need not advertise for insurance vendors until the 12-month period during which the District will be executing a new insurance contract. Atty. Gen. Op. DM-418 (1996) DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 11

17 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) COMPETITIVE BIDDING OPENING BIDS SAFETY RECORD IDENTICAL BIDS Except to the extent prohibited by other law and to the extent consistent with Education Code Chapter 44, Subchapter B, the District may use competitive bidding to select a vendor as authorized by Education Code (a)(1). The District shall award a competitively bid contract at the bid amount to the bidder offering the best value for the District. In determining the best value for the District, the District is not restricted to considering price alone but may consider any other factors stated in the selection criteria. The selection criteria may include the factors listed in Education Code (b) [see FACTORS, above]. Except as provided below, Local Government Code Chapter 271, Subchapter B does not apply to a competitive bidding process under this policy. Education Code Bids may be opened only by the Board at a public meeting or by an officer or employee of the District at or in an office of the District. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. Local Gov t Code The Board shall have the right to reject any and all bids. Local Gov t Code (a) In determining who is a responsible bidder, the Board may take into account the safety record of the bidder; of the firm, corporation, partnership, or institution represented by the bidder; or of anyone acting for such firm, corporation, partnership, or institution, provided that: 1. The Board has adopted a written definition and criteria for accurately determining the safety record of the bidder. 2. The Board has given notice in the bid specifications that the safety record of a bidder may be considered in determining the bidder s responsibility. 3. The determinations are not arbitrary and capricious. Local Gov t Code If the District receives two or more bids from responsible bidders that are identical, in nature and amount, as the lowest and best bids, it shall select only one bidder from the identical bids. If only one of the bidders submitting identical bids is a resident of the District, that bidder shall be selected. If two or more such bidders are residents of the District, one shall be selected by the DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 12

18 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) casting of lots. In all other cases, one of the identical bids shall be selected by the casting of lots. COMPETITIVE SEALED PROPOSALS REQUEST FOR PROPOSALS OPENING PROPOSALS SELECTION BEST VALUE DETERMINATION INTERLOCAL AGREEMENTS The Board shall prescribe the manner of casting lots and shall be present when the lots are cast. All qualified bidders or their representatives may be present at the casting of lots. Local Gov t Code In selecting a vendor through competitive sealed proposals as authorized by Education Code (a)(2), the District shall follow the procedures prescribed below. The District shall prepare a request for competitive sealed proposals that includes information that vendors may require to respond to the request. The District shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. The District shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date on which the proposals are opened, the District shall evaluate and rank each proposal submitted in relation to the published selection criteria. The District shall select the offeror that offers the best value for the District based on the published selection criteria and on its ranking evaluation. The District shall first attempt to negotiate a contract with the selected offeror. The District may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the District is unable to negotiate a satisfactory contract with the selected offeror, the District shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. In determining the best value for the District, the District is not restricted to considering price alone but may consider any other factors stated in the selection criteria. Education Code To increase efficiency and effectiveness, the District may contract or agree with other local governments and with state agencies, including the comptroller, to perform some of its purchasing functions. Gov t Code ,.011,.025 An interlocal contract must be authorized by the Board and the governing body of each contracting party; must state the purpose, terms, rights, and duties of the contracting parties; and must DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 13

19 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) STATE PURCHASING PROGRAM specify that each party paying for the performance of governmental functions or services shall make those payments from current revenues available to the paying party. An interlocal contractual payment must be in an amount that fairly compensates the performing party for the services or functions performed under the contract. The contract may be renewed and may have a specified term of years. Gov t Code (d) (f), (i) The District may agree with another local government, including a nonprofit corporation that is created and operated to provide one or more governmental functions and services, or with the state or a state agency, including the comptroller, to purchase goods and services reasonably required for the installation, operation, or maintenance of the goods. Such an agreement may not, however, apply to services provided by firefighters, police officers, or emergency medical personnel. A district that purchases goods and services by agreement with another local government or with the state or state agency satisfies the requirement to seek competitive bids for the purchase of goods and services. Gov t Code (b) (c); Atty. Gen. Op. JC-37 (1999) The District may not enter into a contract to purchase constructionrelated goods or services through a purchasing cooperative in an amount greater than $50,000 unless a person designated by the District certifies in writing that: 1. The project for which the construction-related goods or services are being procured does not require the preparation of plans and specifications under Chapter 1001 or 1051, Occupations Code; or 2. The plans and specifications required under Chapters 1001 and 1051, Occupations Code, have been prepared. Purchasing cooperative means a group purchasing organization that governmental entities join as members and the managing entity of which receives fees from members or vendors. Gov t Code (j) Purchasing services performed for the District by the comptroller shall include: 1. The extension of state contract prices to the District when the comptroller considers it feasible. DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 14

20 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) 2. Solicitation of bids on items desired by the District if the solicitation is considered feasible by the comptroller and is desired by the District. 3. Provision of information and technical assistance to the District about the purchasing program. The comptroller may charge the District its actual costs in providing purchasing services. Local Gov t Code DISTRICT REQUIREMENTS MULTIPLE AWARD CONTRACT SCHEDULE The District may participate in the purchasing program, including participation in purchases that use the reverse auction procedure, by filing with the comptroller a resolution adopted by the Board requesting that the District be allowed to participate on a voluntary basis, to the extent the comptroller deems feasible, and stating that the Board shall: 1. Designate an official to act for the District in all matters relating to the program, including the purchase of items from the vendor under any contract. 2. Direct the decisions of its representative. 3. Be responsible for: a. Submitting requisitions to the commission under contract(s) and for payment directly to the vendor; and b. Electronically sending purchase orders directly to vendors, or complying with procedures governing a reverse auction purchase, and electronically sending the comptroller reports on actual purchases. 4. Be responsible for the vendor s compliance with all conditions of delivery and quality of the purchased item. A purchase made through participation in this program meets any state requirement to seek competitive bids for the purchase of the item. Local Gov t Code The comptroller shall develop a schedule of multiple award contracts that have been previously awarded using a competitive process by the federal government or any other governmental entity in any state. The District may purchase goods or services directly from a vendor under a contract listed on a schedule. An authorized purchase satisfies any requirement of state law relating to competitive bids or DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 15

21 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) proposals and satisfies any applicable requirements of Government Code The price listed for a good or service under a multiple award contract is a maximum price. The District may negotiate a lower price for goods or services under a contract listed on a schedule. Gov t Code 2155, Subch. I COOPERATIVE PURCHASING PROGRAM CONTRACT-RELATED FEE STATE COUNCIL ON COMPETITIVE GOVERNMENT The District may participate in a cooperative purchasing program with another local government or a local cooperative organization. If the District does so, it may sign an agreement with another participating local government or a local cooperative stating that the District will: 1. Designate a person to act on behalf of the District in all matters relating to the program. 2. Make payments to another participating local government or local cooperative organization or directly under a contract, as provided in the agreement. 3. Be responsible for the vendor s compliance. If the District participates in a cooperative purchasing program, it satisfies any law requiring it to seek competitive bids. Local Gov t Code ; Atty. Gen. Op. JC-37 (1999) A district that enters into a purchasing contract valued at $25,000 or more under Education Code (a)(5) (interlocal contract), under Local Government Code Chapter 271, Subchapter F (cooperative purchasing program), or under any other cooperative purchasing program authorized for school districts by law shall document any contract-related fee, including any management fee, and the purpose of each fee under the contract. The amount, purpose, and disposition of any fee described above must be presented in a written report and submitted annually in an open meeting of the Board. The written report must appear as an agenda item. The Commissioner may audit the written report. Education Code As approved by the State Council on Competitive Government, the District may voluntarily participate in a contract awarded by the council or a state agency under Government Code A district that purchases goods or services under this type of contract is considered to have satisfied any state law requiring competitive purchasing. Gov t Code (d) DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 16

22 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) REVERSE AUCTION COMMITMENT OF CURRENT REVENUE CHANGE ORDERS A district that uses the reverse auction procedure must include in the procedure a notice provision and other provisions necessary to produce a method of purchasing that is advantageous to the District and fair to vendors. Local Gov t Code (b) Reverse auction procedure means: 1. A real-time bidding process usually lasting less than one hour and taking place at a previously scheduled time and Internet location, in which multiple suppliers, anonymous to each other, submit bids to provide the designated goods or services; or 2. A bidding process usually lasting less than two weeks and taking place during a previously scheduled period and at a previously scheduled Internet location, in which multiple suppliers, anonymous to each other, submit bids to provide the designated goods or services. Gov t Code (d) A contract for the acquisition, including lease, of real or personal property is a commitment of the District s current revenue only, provided the contract contains either or both of the following provisions: 1. Retains to the Board the continuing right to terminate the contract at the expiration of each budget period during the term of the contract. 2. Is conditioned on a best efforts attempt by the Board to obtain and appropriate funds for payment of the contract. Local Gov t Code If a change in plans or specifications is necessary after the performance of a contract is begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, the District may approve change orders making the changes. The District may grant general authority to an administrative official to approve the change orders. The total contract price may not be increased because of the changes unless additional money for increased costs is approved for that purpose from available money or is provided for by the authorization of the issuance of time warrants. A contract with an original contract price of $1 million or more may not be increased by more than 25 percent. If a change order for a contract with an original contract price of less than $1 million DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 17

23 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) increases the contract amount to $1 million or more, the total of the subsequent change orders may not increase the revised contract amount by more than 25 percent of the original contract price. Education Code ENERGY OR WATER CONSERVATION MEASURES RECYCLED PRODUCTS AGRICULTURAL PRODUCTS The District may contract for energy or water conservation measures. Such a contract shall be let according to the procedures established for professional services by Government Code The Board shall establish a long-range energy plan to reduce the District s annual electric consumption by five percent beginning with the 2008 state fiscal year and consume electricity in subsequent fiscal years in accordance with the District s energy plan. Education Code [See policy CL for legal requirements pertaining to such contracts and plans] The District shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. The District shall regularly review and revise its purchasing procedures and specifications for purchase of goods, supplies, equipment, and materials in order to: 1. Eliminate procedures and specifications that explicitly discriminate against products made of recycled materials. 2. Encourage the use of products made of recycled materials. 3. Ensure to the maximum extent economically feasible that the District purchase products that may be recycled when they have served their intended use. The District may seek an exemption from compliance if it has a population of less than 5,000 within its geographic boundaries and demonstrates to the Water Commission that compliance would work a hardship on the District. Health and Safety Code If the cost and quality are equal, the District shall give preference in purchasing to agricultural products, including textiles and other similar products that are produced, processed, or grown in Texas. Processed means canning, freezing, drying, juicing, preserving, or any other act that changes the form of a good from its natural state to another form. If Texas agricultural products are not equal in cost and quality to other agricultural products, the District shall give preference in purchasing to agricultural products produced, processed, or grown in the United States, if the cost and quality of the U.S. and foreign products are equal. DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 18

24 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) The District may not adopt product purchasing specifications that unnecessarily exclude agricultural products produced, processed, or grown in Texas. VEGETATION FOR LANDSCAPING BUS PURCHASE OR LEASE RIGHT TO WORK LOBBYING RESTRICTION: TOBACCO EDUCATION GRANT FUNDS CRIMINAL HISTORY If cost is equal and the quality is not inferior, the District shall give preference to Texas vegetation when it purchases vegetation for landscaping purposes. Education Code Each contract proposed for the purchase or lease of one or more school buses, including a lease with an option to purchase, shall be submitted to competitive bidding when the contract is valued at $20,000 or more. Education Code (l) [See CNB] While engaged in procuring goods and services or awarding a contract, the District: 1. May not consider whether a vendor is a member of or has another relationship with any organization; and 2. Shall ensure that its bid specifications and any subsequent contract or other agreement do not deny or diminish the right of a person to work because of the person s membership or other relationship status with respect to any organization. Education Code The District may not spend grant funds it receives from the Permanent Fund for Tobacco Education and Enforcement to pay: 1. Lobbying expenses incurred by the District; 2. A person or entity that is required under Government Code Chapter 305 to register as a lobbyist with the Texas Ethics Commission; 3. Any partner, employee, employer, relative, contractor, consultant, or related entity of a person or entity of a registered lobbyist (as described in item 2); or 4. A person or entity who has been hired to represent associations or other entities for the purpose of affecting the outcome of legislation, agency rules, ordinances, or other government policies. Gov t Code For provisions pertaining to criminal history record information on contractors, see CJA(LEGAL). DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 19

25 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LEGAL) IMPERMISSIBLE PRACTICES INJUNCTION A Board member, employee, or agent shall not, with criminal negligence, make or authorize separate, sequential, or component purchases to avoid the purchasing requirements set out in Education Code An officer or employee shall not knowingly violate Education Code in any other manner. Component purchases means purchases of the component parts of an item that in normal purchasing practices would be made in one purchase. Separate purchases means purchases, made separately, of items that in normal purchasing practices would be made in one purchase. Sequential purchases means purchases, over a period, of items that in normal purchasing practices would be made in one purchase. Violation of this provision is a Class B misdemeanor and an offense involving moral turpitude, conviction of which shall result in removal from office or dismissal from employment. A Board member who is convicted of a violation of this provision is considered to have committed official misconduct and for four years after the date of final conviction, the removed person is ineligible to be appointed or elected to public office in Texas, is ineligible to be employed by or act as an agent for the state or a political subdivision, and is ineligible to receive any compensation through a contract with the state or a political subdivision. [See BBC] Education Code A court may enjoin performance of a contract made in violation of Education Code Chapter 44, Subchapter B. A county attorney, district attorney, criminal district attorney, citizen of the county in which the District is located, or any interested party may bring an action for an injunction. A party who prevails in an action brought under this subsection is entitled to reasonable attorney s fees as approved by the court. Education Code (f) DATE ISSUED: 10/16/ of 14 UPDATE 98 CH(LEGAL)-P Page 20

26 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LOCAL) PURCHASING AUTHORITY PURCHASING METHOD COMPETITIVE BIDDING COMPETITIVE SEALED PROPOSALS ELECTRONIC BIDS OR PROPOSALS RESPONSIBILITY FOR DEBTS The Board delegates to the Superintendent or designee the authority to make budgeted purchases for goods or services. However, any single, budgeted purchase of goods or services that costs $20,000 or more, regardless of whether the goods or services are competitively purchased, shall require Board approval before a transaction may take place. The Board delegates to the Superintendent or designee the authority to determine the method of purchasing in accordance with CH(LEGAL). If competitive bidding is chosen as the purchasing method, the Superintendent or designee shall prepare bid specifications. All bids shall be in accordance with administrative regulations, and the submission of any electronic bids shall also be in accordance with Board-adopted rules. All bidders shall be invited to attend the bid opening. Any bid may be withdrawn prior to the scheduled time for opening. Bids received after the specified time shall not be considered. The District may reject any and all bids. If competitive sealed proposals are chosen as the purchasing method, the Superintendent or designee shall prepare the request for proposals and/or specifications for items to be purchased. All proposals shall be in accordance with administrative regulations, and the submission of any electronic proposals shall also be in accordance with Board-adopted rules. Proposals received after the specified time shall not be considered. Proposals shall be opened at the time specified, and all proposers shall be invited to attend the proposal opening. Proposals may be withdrawn prior to the scheduled time of opening. Changes in the content of a proposal, and in prices, may be negotiated after proposals are opened. The District may reject any and all proposals. Bids or proposals that the District has chosen to accept through electronic transmission shall be administered in accordance with Board-adopted rules. Such rules shall safeguard the integrity of the competitive procurement process; ensure the identification, security, and confidentiality of electronic bids or proposals; and ensure that the electronic bids or proposals remain effectively unopened until the proper time. The Board shall assume responsibility for debts incurred in the name of the District so long as those debts are for purchases made in accordance with the adopted budget, state law, Board policy, and the District s purchasing procedures. [See CE] The Board shall not be responsible for debts incurred by persons or organiza- DATE ISSUED: 12/17/ of 2 UPDATE 101 CH(LOCAL)-A Page 21

27 Eagle Pass ISD PURCHASING AND ACQUISITION CH (LOCAL) tions not directly under Board control. Persons making unauthorized purchases shall assume full responsibility for all such debts. PURCHASE COMMITMENTS PERSONAL PURCHASES All purchase commitments shall be made by the Superintendent or designee in accordance with administrative procedures, including the District s purchasing procedures. District employees shall not be permitted to make purchases for personal use through the District s business office. DATE ISSUED: 12/17/2014 ADOPTED: 2 of 2 UPDATE 101 CH(LOCAL)-A Page 22

28 Eagle Pass ISD PURCHASING AND ACQUISITION VENDOR RELATIONS CHE (LEGAL) REQUIRED VENDOR DISCLOSURE DEFINITION OF BUSINESS RELATIONSHIP The Texas Ethics Commission shall adopt a conflict of interest questionnaire that requires disclosure of a vendor s business relationships with the District. A vendor to the District shall file any required conflict of interest questionnaire if the person has a business relationship with the District and: 1. Has an employment or other business relationship with an officer of the District, or a family member of the officer, described by Local Government Code (a)(2)(A); or 2. Has given an officer of the District, or a family member of the officer, one or more gifts with the aggregate value specified by Local Government Code (a)(2)(B), excluding any gift described by Local Government Code (a-1). The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the date that the vendor: 1. Begins discussions or negotiations to enter into a contract with the District; 2. Submits to the District an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the District; or 3. The date the person becomes aware: a. Of an employment or other business relationship with a local government officer, or a family member of the officer; or b. That the person has given one or more gifts. Local Gov t Code Business relationship means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: 1. A transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; 2. A transaction conducted at a price and subject to terms available to the public; or 3. A purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. DATE ISSUED: 9/18/ of 2 UPDATE 81 CHE(LEGAL)-P Page 23

29 Eagle Pass ISD PURCHASING AND ACQUISITION VENDOR RELATIONS CHE (LEGAL) Local Gov t Code (1-a) ELECTRONIC FILING LIST OF LOCAL GOVERNMENT OFFICERS INTERNET POSTING The required questionnaire, including signature requirements, may be filed electronically in a form approved by the Commission. Local Gov t Code The records administrator for each district shall maintain a list of local government officers of the entity and shall make that list available to the public and any person who may be required to file a conflict of interest questionnaire. Local Gov t Code [See BBFA] The District shall provide access on the District s Internet Web site to the required conflict of interest statements and questionnaires filed with the records administrator. Local Gov t Code DATE ISSUED: 9/18/ of 2 UPDATE 81 CHE(LEGAL)-P Page 24

30 Eagle Pass ISD PURCHASING AND ACQUISITION PAYMENT PROCEDURES CHF (LEGAL) PAYMENT DUE INTEREST EARLY PAYMENT DISCOUNT EXCEPTIONS A payment owed by the District based on a contract executed on or after September 1, 1987, is overdue on the 31st day after the date on which the District received the goods under the contract or the date on which the performance of services under the contract was completed, or the date on which the District received the invoice for the goods or services, whichever is later. However, if the Board meets only once a month, the payment is not overdue until the 45th day after the date of receipt of goods, performance of services, or receipt of invoice, whichever is later. The renewal, amendment, or extension of a contract executed on or before September 1, 1993, is considered to be the execution of a new contract. Gov t Code A payment begins to accrue interest on the date the payment becomes overdue. The rate of interest that accrues on an overdue payment is the rate in effect on September 1 of the fiscal year in which the payment becomes overdue. The rate in effect on September 1 is equal to the sum of one percent and the prime rate as published in the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday. Interest on an overdue payment stops accruing on the date the District or vendor mails or electronically transmits the payment. The unpaid balance of a partial payment made within the prescribed period accrues interest, unless the balance is in dispute. Gov t Code , The District shall compute and pay interest at the time the payment is made on the principal. Interest payments shall accompany payment of the net amount due for the goods or service. The District may not require a vendor to petition, invoice, bill, or wait additional days to receive the interest due. The District may not require a vendor or subcontractor to agree to waive the vendor s or subcontractor s right to interest as a condition of the contract. Gov t Code The District shall attempt to take advantage of an offer for an early payment discount, but may not take an early payment discount unless it makes a full payment within the discount period. If the District takes an early payment discount later, the unpaid balance accrues interest beginning on the date the discount offer expires. Gov t Code These provisions do not apply to payments made by the District or a vendor if: 1. There is a bona fide dispute between the District and a vendor, contractor, subcontractor, or supplier concerning the DATE ISSUED: 6/7/ of 3 UPDATE 78 CHF(LEGAL)-P Page 25

31 Eagle Pass ISD PURCHASING AND ACQUISITION PAYMENT PROCEDURES CHF (LEGAL) goods delivered or the service performed that causes the payment to be late; 2. There is a bona fide dispute between a vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the services performed that causes the payment to be late; 3. The terms of a federal contract, grant, regulation, or statute prevent the District from making a timely payment with federal funds; or 4. The invoice is not mailed to the person to whom it is addressed in strict accordance with any instructions on the purchase order relating to the payment. Gov t Code ALTERNATE VENDOR REMEDY FOR NONPAYMENT OF CONTRACT A vendor may suspend performance required under a contract with the District if the District does not pay the vendor an undisputed amount within the time limits provided above and the vendor gives the District written notice informing the District that payment has not been received and stating the intent of the vendor to suspend performance for nonpayment. The vendor may not suspend performance before the tenth day after the date the vendor gives this notice. A vendor who suspends performance is not required to supply further labor, services, or materials until the vendor is paid the amount provided for under Government Code Section 2251, plus costs for demobilization and remobilization. The vendor is also not responsible for damages resulting from suspending work if the governmental entity with which the vendor has the contract has not notified the vendor in writing before performance is suspended that payment has been made or that a bona fide dispute for payment exists. A notification under Government Code (c)(2) that a bona fide dispute for payment exists must include a list of the specific reasons for nonpayment. If a reason specified is that labor, services, or materials provided by the vendor or the vendor s subcontractor are not provided in compliance with the contract, the vendor is entitled to a reasonable opportunity to cure the noncompliance of the listed items; or offer a reasonable amount to compensate for listed items for which noncompliance cannot be promptly cured. Gov t Code Sec DATE ISSUED: 6/7/ of 3 UPDATE 78 CHF(LEGAL)-P Page 26

32 Eagle Pass ISD PURCHASING AND ACQUISITION PAYMENT PROCEDURES CHF (LEGAL) DISPUTED PAYMENT The District shall notify a vendor of an error in an invoice submitted for payment by the vendor not later than the 21st day after the date the District receives the invoice. If a dispute is resolved in favor of the vendor, the vendor shall receive interest on the unpaid balance beginning on the date that the payment for the invoice is overdue. If a dispute is resolved in favor of the District, the vendor shall submit a corrected invoice that shall be paid within 30 days of receipt. The unpaid balance accrues interest if it is not paid by the appropriate date. Gov t Code DATE ISSUED: 6/7/ of 3 UPDATE 78 CHF(LEGAL)-P Page 27

33 Eagle Pass ISD PURCHASING AND ACQUISITION REAL PROPERTY AND IMPROVEMENTS CHG (LEGAL) CASH PURCHASES WITH AVAILABLE FUNDS DEFINITIONS PROPOSED CONTRACT PETITION AND REFERENDUM SUBMISSION TO ATTORNEY GENERAL The requirements of the Public Property Finance Act (Local Government Code and following) do not apply to cash purchases of real property made with moneys from available funds. Bandera v. Hamilton, 2 S.W.3d 367 (Tex. App. San Antonio 1999, pet. denied) For purposes of this policy, contract means an agreement entered under the authority of the Public Property Finance Act, but does not mean a contract solely for the construction of improvements to real property. Improvements means a permanent building, structure, fixture, or fence that is erected on or affixed to land, but does not include a transportable building or structure whether or not it is affixed to land. Real property means land, improvement, or an estate or interest in real property, other than a mortgage or deed of trust creating a lien on property or an interest securing payment or performance of an obligation in real property. Local Gov t Code (2), (10) (11) The Board may execute, perform, and make payments under a contract for the use or purchase or other acquisition of real property or an improvement to real property. If the Board proposes to enter into such a contract, it shall publish notice of that intent not less than 60 days before the date set to approve execution of the contract. Publication shall be in a newspaper of general circulation in the District. The notice must summarize the major provisions of the proposed contract. The notice shall estimate the construction and other costs, but the Board shall not publish the first advertisement for bids for construction of improvements until 60 days after publication of the notice of intent. Local Gov t Code (a) Within 60 days of the date of publication of notice of intent, a written petition signed by a least five percent of the registered voters of the District may be filed with the Board, requesting the Board to order a referendum on the question of whether the contract should be approved. If a petition is filed, the Board may not approve the contract or publish the first advertisement for bids for construction of improvements unless the question is approved by a majority of the votes received in a referendum ordered and held on the question. The referendum shall be held in accordance with the applicable provisions of the Election Code, except that it is not required to be held on a uniform election date. Local Gov t Code (b) (c) A lease-purchase contract entered into for the use, purchase, or other acquisition of real property or an improvement to real property and the records relating to its execution shall be submitted to the attorney general for examination as to their validity. If the attorney general finds that the contract has been authorized in accordance DATE ISSUED: 10/17/ of 3 UPDATE 91 CHG(LEGAL)-P Page 28

34 Eagle Pass ISD PURCHASING AND ACQUISITION REAL PROPERTY AND IMPROVEMENTS CHG (LEGAL) with the law, the attorney general shall approve them, and the comptroller of public accounts shall register them. Following approval and registration, the contract is incontestable and is a binding obligation according to its terms. Local Gov t Code (g) (i) DISTRICT OBLIGATION STATE ASSISTANCE INSTRUCTIONAL FACILITIES EMINENT DOMAIN PROCEDURES REPURCHASE OF REAL PROPERTY A contract under this provision is a special obligation of the District if ad valorem taxes are not pledged to the payment of the contract. If the contract provides that payments by the District are to be made from maintenance taxes previously approved by voters of the District and are subject to annual appropriation or are paid from a source other than ad valorem taxes, the payments under the contract shall not be considered indebtedness under Tax Code 26.04(c). All or part of the District s obligation may be evidenced by one or more promissory notes. Local Gov t Code (d) (f) The District may receive financial assistance from the state when the District lease-purchases an instructional facility under the terms set out in Chapter 46, Education Code, and Commissioner s rules implementing that chapter. Education Code ; 19 TAC (i) The District may, by the exercise of the right of eminent domain, acquire title to real property on which to construct school buildings or for any other public use necessary for the District. Education Code (a) The District may not take private property through the use of eminent domain if the taking confers a private benefit on a particular private party through the use of the property, is for a public use that is merely a pretext to confer a private benefit on a particular private party, or is not for a public use. Gov t Code (b) When exercising the right of eminent domain, the District must follow the procedures found at Government Code Chapter 2206, Subchapter B and Property Code Chapter 21, Subchapter B. If the public use for which real property was acquired by eminent domain is cancelled before the property is used for the public use, no actual progress is made toward the public use, or the property becomes unnecessary for the public use, or a substantially similar public use, before the tenth anniversary of the date of acquisition, the District must provide notice to the previous property owner and offer to sell the property to that person in accordance with Property Code Chapter 21, Subchapter E. Property Code DATE ISSUED: 10/17/ of 3 UPDATE 91 CHG(LEGAL)-P Page 29

35 Eagle Pass ISD PURCHASING AND ACQUISITION REAL PROPERTY AND IMPROVEMENTS CHG (LEGAL) NOTICE OF RIGHT Not later than December 31, 2012, the District shall submit to the comptroller a letter stating that the District is authorized by the state to exercise the power of eminent domain and identifying each provision of law that grants the District that authority. The District must send the letter by certified mail, return receipt requested. If the District does not submit the letter, the authority of the District to exercise the power of eminent domain expires on September 1, Gov t Code (b) (c) DATE ISSUED: 10/17/ of 3 UPDATE 91 CHG(LEGAL)-P Page 30

36 Eagle Pass ISD PURCHASING AND ACQUISITION FINANCING PERSONAL PROPERTY PURCHASES CHH (LEGAL) DEFINITIONS AUTHORITY For purposes of this policy, contract means an agreement entered under the authority of Local Government Code and following (Public Property Finance Act), but does not mean a contract solely for the construction of improvements to real property. For purposes of this policy, personal property includes appliances, equipment, facilities, and furnishings, or an interest in personal property, whether movable or fixed, considered by the Board to be necessary, useful, or appropriate to one or more purposes of the District. The term includes all materials and labor incident to the installation of that personal property. The term includes electricity. The term does not include real property. Local Gov t Code (2), (8) The Board may execute, perform, and make payments under a contract with any person for the use or the purchase or other acquisition of any personal property, or the financing thereof, in accordance with the requirements prescribed by law. The Board may contract under authority of Local Government Code Section for materials and labor incident to the installation of personal property. Local Gov t Code DATE ISSUED: 10/17/ of 1 UPDATE 91 CHH(LEGAL)-P Page 31

37 Eagle Pass ISD SCHOOL PROPERTIES DISPOSAL CI (LEGAL) All rights and titles to District property, whether real or personal, shall be vested in the Board and its successors in office. The Board may, in an appropriate manner, dispose of property that is no longer necessary for District operations. Education Code (c) [See also CDB(LEGAL)] INSTRUCTIONAL MATERIALS AND TECHNOLOGICAL EQUIPMENT SURPLUS OR SALVAGE PROPERTY ACQUIRED FROM A STATE AGENCY The Board must dispose of instructional materials and technological equipment in accordance with Education Code Education Code [See CMD] The District may not lease, lend, bail, deconstruct, encumber, sell, trade, or otherwise dispose of property acquired under Government Code or before the second anniversary of the date the property was acquired. A district that improperly disposes of acquired property must remit to the Texas Facilities Commission the amount the District received from the lease, loan, bailment, deconstruction, encumbrance, sale, trade, or other disposition of the property unless the commission authorizes the District s action. Gov t Code (b) DATE ISSUED: 10/16/ of 1 UPDATE 98 CI(LEGAL)-P Page 32

38 Eagle Pass ISD SCHOOL PROPERTIES DISPOSAL CI (LOCAL) The Superintendent or designee is authorized to declare District materials, equipment, and supplies to be unnecessary and shall dispose of unnecessary materials, equipment, and supplies for fair market value. If the unnecessary property has no value, the Superintendent or designee may dispose of such property according to administrative discretion. Items obtained as federal surplus shall be managed according to federal regulations. DATE ISSUED: 11/24/2008 ADOPTED: 1 of 1 UPDATE 84 CI(LOCAL)-A Page 33

39 Eagle Pass ISD CONTRACTED SERVICES CRIMINAL HISTORY CJA (LEGAL) CRIMINAL HISTORY IN GENERAL DEFINITIONS CONTINUING DUTIES RELATED TO CONTRACTED SERVICES COVERED CONTRACT EMPLOYEE DIRECT CONTACT WITH STUDENTS CONTRACTING ENTITY Before entering into a contract with the District, a person or business must give notice to the District if the person or an owner or operator of the business has been convicted of a felony. The District may terminate a contract with a person or business if the District determines that the person or business failed to give such notice or misrepresented the conduct resulting in the conviction. The District must compensate the person for services performed before the contract terminated. Education Code Continuing duties related to contracted services are work duties that are performed pursuant to a contract to provide services to the District on a regular, repeated basis rather than infrequently or onetime only. A covered contract employee is an individual who: 1. Is employed or offered employment by a service contractor or a subcontractor of a service contractor, is an individual independent contractor of the District, or is an individual subcontractor of a service contractor; 2. Has or will have continuing duties related to the contracted services; 3. Has or will have direct contact with students; and 4. Is not a student of (or enrolled in) the District for which the services are performed. Direct contact with students is the contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional District employee. Contact with students that results from services that do not provide substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students. A contracting entity is an entity that contracts directly with the District to provide services to the District. However, when conducting an investigation or intervention regarding an alleged crime or act of child abuse on a school campus, a law enforcement agency or the Department of Family and Protective Services is not a contracting entity, and the investigator or intervener is not a covered contract employee. DATE ISSUED: 10/17/ of 5 UPDATE 91 CJA(LEGAL)-P Page 34

40 Eagle Pass ISD CONTRACTED SERVICES CRIMINAL HISTORY CJA (LEGAL) SUBCONTRACTING ENTITY CONTRACTOR RESPONSIBILITIES EMPLOYED BEFORE JANUARY 1, 2008 EMPLOYMENT OFFERED ON OR AFTER JANUARY 1, 2008 CERTIFICATION TO DISTRICT A subcontracting entity is an entity that contracts with another entity that is not a district to provide services to a school district, openenrollment charter school, or shared services arrangement. Education Code (p); 19 TAC (2) (3), (7), (10) An entity that contracts with the District to provide services and any subcontractor of the entity shall obtain from any law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), all criminal history record information that relates to an employee of the entity who is employed before January 1, 2008, and who is not subject to a national criminal history record information review under Education Code (b) if: 1. The employee has continuing duties related to the contracted services; and 2. The employee has direct contact with students. A person who, on or after January 1, 2008, is offered employment by an entity that contracts with the District or any subcontractor of the entity must submit to a national criminal history record information review if: 1. The employee or applicant has or will have continuing duties related to the contracted services; and 2. The employee or applicant has or will have direct contact with students. The person must submit to the review before being employed or serving in a capacity described above. An entity contracting with the District and any subcontractor of the entity shall obtain all criminal history record information that relates to a person described above through the criminal history clearinghouse as provided by Government Code A contracting entity shall require that a subcontracting entity obtain all criminal history record information that relates to a person described above. The entity and any subcontractor of the entity shall certify to the District that it received all of the criminal history record information required above. The entity and any subcontractor of the entity shall also certify that it will take reasonable steps to ensure that the conditions or precautions that have resulted in a determination that any person is not a covered contract employee continue to exist throughout the time that the contracted services are provided. DATE ISSUED: 10/17/ of 5 UPDATE 91 CJA(LEGAL)-P Page 35

41 Eagle Pass ISD CONTRACTED SERVICES CRIMINAL HISTORY CJA (LEGAL) A subcontracting entity must certify to the District and the contracting entity that the subcontracting entity has obtained all criminal history record information that relates to an employee described above at CONTRACTOR RESPONSIBILITIES EMPLOYMENT OFFERED ON OR AFTER JANUARY 1, 2008, and has obtained similar written certifications from the subcontracting entity s subcontractors. A contracting entity and any subcontractor of the entity shall provide the District, at its request, the information necessary for the District to obtain criminal history record information for all covered contract employees. A contracting entity complies with the requirements of this section if the contracting entity obtains a written statement from each subcontracting entity certifying that the subcontracting entity has obtained the required criminal history record information for employees of the subcontracting entity and the subcontracting entity has obtained certification from each of the subcontracting entity s subcontractors. DISQUALIFYING CONVICTION DISTRICT RESPONSIBILITIES EMPLOYED BEFORE JANUARY 1, 2008 EMPLOYMENT OFFERED ON OR AFTER JANUARY 1, 2008 CERTIFICATION FROM CONTRACTOR DISQUALIFYING CONVICTION A contracting or subcontracting entity may not permit a person described above at CONTRACTOR RESPONSIBILITIES EMPLOYED BEFORE JANUARY 1, 2008, to provide services at a school if the employee has been convicted of a felony or misdemeanor offense that would prevent a person from being employed under Education Code (a). A contracting entity shall not permit a covered contract employee to provide services at the District if the employee has a disqualifying conviction under Education Code The District may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person described above at CONTRACTOR RESPONSIBILITIES EMPLOYED BEFORE JANUARY 1, The District may obtain the criminal history record information of a person described above at CONTRACTOR RESPONSIBILITIES EMPLOYMENT OFFERED ON OR AFTER JANUARY 1, 2008, through the criminal history clearinghouse as provided by Government Code The District shall ensure that each of its service contractors certify that the service contractor has obtained all required criminal history record information for covered contract employees. The District may not allow a covered contract employee to serve at the District if the District obtains information through a criminal his- DATE ISSUED: 10/17/ of 5 UPDATE 91 CJA(LEGAL)-P Page 36

42 Eagle Pass ISD CONTRACTED SERVICES CRIMINAL HISTORY CJA (LEGAL) tory record information review that the covered contract employee has a disqualifying conviction under Education Code The District may adopt a stricter standard. SBEC NOTIFICATION EMERGENCY EXCEPTION TO CRIMINAL HISTORY CHECK Pursuant to 19 TAC (d)(1), if the District obtains information that a covered contract employee who holds a certificate issued by the State Board for Educator Certification (SBEC) has a reported criminal history, the Superintendent or the Superintendent s designee shall notify SBEC of that criminal history within seven calendar days of the date that information is obtained. Education Code ; 19 TAC (b) (c) In the event of an emergency, the District may allow a covered contract employee to enter District property without the required criminal history record information review if the person is accompanied by a District employee. The District may adopt rules regarding an emergency situation. Education Code (f); 19 TAC (b)(2) Note: See DBAA for definitions and provisions regarding confidentiality, consumer credit reports, records retention, and criminal history record checks of employees. CONTRACTORS PROVIDING TRANSPORTATION SERVICES COMMERCIAL TRANSPORTATION COMPANY In addition to the requirements described above at CRIMINAL HIS- TORY IN GENERAL, if the District contracts with a person for transportation services, the District shall obtain criminal history record information from any law enforcement or criminal justice agency relating to a person employed by the person as a bus driver or a person the person intends to employ as a bus driver. A person who contracts with the District to provide transportation services shall submit to the District the name and other identification data required to obtain the criminal history record information of such persons. If the District obtains information that such a person has been convicted of a felony or a misdemeanor involving moral turpitude, the District shall inform the chief personnel officer of the person with whom the District has contracted, and the person may not employ that person to drive a bus on which students are transported without the permission of the Board. Education Code (a) (b) In addition to the requirements described above at CRIMINAL HIS- TORY IN GENERAL, if the District contracts with a commercial transportation company for transportation services, the company may obtain all criminal history record information that relates to a person employed by the company as a bus driver, bus monitor, or bus aide, or a person the company intends to employ in one of these positions. If the company obtains criminal history record in- DATE ISSUED: 10/17/ of 5 UPDATE 91 CJA(LEGAL)-P Page 37

43 Eagle Pass ISD CONTRACTED SERVICES CRIMINAL HISTORY CJA (LEGAL) formation indicating that a person it employs or intends to employ has been convicted of a felony or a misdemeanor involving moral turpitude, the company may not, without the permission of the board, employ that person to drive or to serve as a bus monitor or bus aide on a bus on which students are transported. If the commercial transportation company obtains the criminal history record information, the District is not required to do the same. Education Code (c) (d) DATE ISSUED: 10/17/ of 5 UPDATE 91 CJA(LEGAL)-P Page 38

44 Eagle Pass ISD FOOD SERVICES MANAGEMENT FOOD PURCHASING COA (LEGAL) DAIRY PRODUCTS IMPORTED BEEF The Board shall not purchase milk, cream, butter, cheese, or a product consisting largely of one or more of those items that has been imported from outside the United States. However, imported milk powder may be purchased if domestic milk powder is not readily available in the normal course of business. Health & Safety Code The District shall not purchase beef or a product consisting substantially of beef that has been imported from outside the United States. Agriculture Code DATE ISSUED: 11/6/ of 1 UPDATE 86 COA(LEGAL)-P Page 39

45 Eagle Pass ISD FACILITY STANDARDS CS (LEGAL) APPLICABILITY OF STATE STANDARDS AFTER JANUARY 1, 2004 DEFINITIONS All new facilities and major space renovations approved by the Board after January 1, 2004, shall meet the facility standards established by the Commissioner as set out in 19 Administrative Code Other renovations associated with repair or replacement of architectural interior or exterior finishes, fixtures, equipment, and electrical, plumbing, and mechanical systems are not subject to space or educational adequacy requirements, but must meet construction quality standards. Education Code ; 19 TAC After January 1, 2004, a major space renovation means renovations to all or part of the facility s instructional space where the scope of the work in the affected part of the facility involves substantial renovations to the extent that most existing interior walls and fixtures are demolished and then subsequently rebuilt in a different configuration or function. 19 TAC (a)(10) Educational program means a written document, developed and provided by the District, that includes the following information: 1. A summary of the District's educational philosophy, mission, and goals; and 2. A description of the general nature of the District's instructional program in accordance with the 19 Administrative Code 74.1 (relating to Essential Knowledge and Skills). The written educational program should describe: a. The learning activities to be housed, by instructional space; b. How the subject matter will be taught (methods of instructional delivery); c. The materials and equipment to be used and stored; d. Utilities and infrastructure needs; and e. The characteristics of furniture needed to support instruction. 19 TAC (a)(2) Educational specifications means a written document for a proposed new school facility or major space renovation that includes a description of the proposed project, expressing the range of issues and alternatives. School districts that do not have personnel on staff with experience in developing educational specifications shall use the services of a design professional or consultant experienced in school planning and design to assist in the development of the educational specifications. The District shall allow for input from DATE ISSUED: 10/16/ of 9 UPDATE 98 CS(LEGAL)-P Page 40

46 Eagle Pass ISD FACILITY STANDARDS CS (LEGAL) teachers, other school campus staff, and District program staff in developing the educational specifications. The following information should be included in the educational specifications: 1. The instructional programs, grade configuration, and type of facility; 2. The spatial relationships the desired relationships for the functions housed at the facility: a. Should be developed by the District to support the District's instructional program; b. Should identify functions that should be: (1) Adjacent to, immediately accessible; (2) Nearby, easily accessible; and (3) Removed from or away from; and c. Should relate to classroom/instructional functions, instructional support functions, building circulation, site activities/functions, and site circulation. 3. Number of students; 4. A list of any specialized classrooms or major support areas, noninstructional support areas, outdoor learning areas, outdoor science discovery centers, living science centers, or external activity spaces; 5. A schedule of the estimated number and approximate size of all instructional and instructional support spaces included in the facility; 6. Estimated budget for the facility project; 7. School administrative organization; 8. Provisions for outdoor instruction; 9. Hours of operation that include the instructional day, extracurricular activities, and any public access or use; 10. The safety of students and staff in instructional programs, such as science and vocational instruction; and 11. The overall security of the facility. 19 TAC (a)(3) DATE ISSUED: 10/16/ of 9 UPDATE 98 CS(LEGAL)-P Page 41

47 Eagle Pass ISD FACILITY STANDARDS CS (LEGAL) APPLICABILITY OF STATE STANDARDS BEFORE JANUARY 1, 2004 FIRE ESCAPES SECURITY CRITERIA READILY ACCESSIBLE PROGRAMS All new facilities and major space renovations approved by the Board before January 1, 2004, shall meet the facility standards established by the Commissioner as set out in 19 Administrative Code Other renovations associated with repair or replacement of architectural interior or exterior finishes, fixtures, equipment, and electrical, plumbing, and mechanical systems are not subject to space or educational adequacy requirements, but must meet construction quality standards. Education Code ; 19 TAC (a)(5), (b) The Board shall ensure that each school building that is two or more stories shall have such fire escapes as are required by law. Health and Safety Code ,.035,.036 A district that constructs a new instructional facility or conducts a major renovation of an existing instructional facility using Instructional Facilities Allotment funds shall consider, in the design of the instructional facility, appropriate security criteria. Education Code No qualified individual with a disability shall, because the District s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of, the services, programs, and activities of the District or be subject to discrimination. 42 U.S.C ; 28 C.F.R ; 29 U.S.C. 794; 34 C.F.R The District shall operate each program, service, or activity so that when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities. The District is not, however, required to make each existing facility or every part of a facility accessible to and usable by individuals with disabilities. Compliance with these requirements may be achieved by: 1. Redesigning or acquisitioning equipment. 2. Reassigning classes or other services to accessible buildings. 3. Assigning aides to qualified individuals with disabilities. 4. Home visits. 5. Delivery of services at alternate accessible sites. 6. Alteration of existing facilities. 7. Constructing new facilities that comply with 34 C.F.R and 28 C.F.R Any other methods that would result in making services, programs, and activities accessible to individuals with disabilities. DATE ISSUED: 10/16/ of 9 UPDATE 98 CS(LEGAL)-P Page 42

48 Eagle Pass ISD FACILITY STANDARDS CS (LEGAL) Structural changes in existing facilities need not be made when other methods will achieve compliance with Title II of the Americans with Disabilities Act and its implementing regulation. In choosing among available alternatives for meeting these requirements, the Board shall give priority to methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate. 28 C.F.R ; 34 C.F.R REVIEW OF PLANS NOTICE RELOCATABLE EDUCATIONAL FACILITY All plans and specifications for construction or for the substantial renovation, modification, or alteration of a building or facility that has an estimated construction cost of $50,000 or more shall be submitted to the Department of Licensing and Regulation for review and approval. The District as owner of the building or facility may not allow an application to be filed with a local governmental entity for a building construction permit related to the plans and specifications or allow construction, renovation, modification, or alteration of the building or facility to begin before the date the plans and specifications are submitted to the Department by the architect, interior designer, landscape architect, or engineer. The District as owner of each building or facility that has an estimated construction, renovation, modification, or alteration cost of at least $50,000 is responsible for having the building or facility inspected for compliance with the standards and specifications adopted by the Commission of Licensing and Regulation not later than the first anniversary of the date that construction or substantial renovation, modification, or alteration of the building or facility is completed. The inspection must be performed by the Department, an entity with whom the Commission contracts, or a person who holds a certificate of registration to perform inspections. Gov t Code ,.102(c),.105 The District shall adopt and implement procedures to ensure that interested persons, including those with impaired vision or hearing, can obtain information as to the existence and location of services, activities, and facilities that are accessible to and usable by persons with disabilities. 34 C.F.R (f) In this section, relocatable educational facility means a portable, modular building capable of being relocated, regardless of whether the facility is built at the installation site that is used primarily as an educational facility for teaching the curriculum required under Education Code A relocatable educational facility that is purchased or leased on or after January 1, 2010, must comply with all provisions applicable to DATE ISSUED: 10/16/ of 9 UPDATE 98 CS(LEGAL)-P Page 43

49 Eagle Pass ISD FACILITY STANDARDS CS (LEGAL) industrialized buildings under Occupations Code Chapter Occupations Code ; 19 TAC (f)(3) PLAYGROUNDS EXCEPTION OUTDOOR LIGHTING FIXTURES EXCEPTIONS Public funds may not be used to purchase or install playground equipment if the equipment does not comply with each applicable provision of ASTM Standard F ae1, Consumer Safety Performance Specification for Playground Equipment for Public Use, published by ASTM International or has a horizontal bare metal platform or a bare metal step or slide, unless the bare metal is shielded from direct sun by a covering provided with the equipment or by a shaded area in the location where the equipment is installed. Public funds may not be used to purchase or install surfacing for the area under and around the playground equipment if the surfacing will not comply with each applicable provision of ASTM Standard F e1, Standard Guide for ASTM Standards on Playground Surfacing, published by ASTM International. Public funds may be used to maintain playground equipment or surfacing that was purchased before September 1, 2009, even if they do not comply with the applicable specifications described above. Health and Safety Code An outdoor lighting fixture that is designed, installed, or replaced on or after September 1, 1999, may be installed, replaced, maintained, or operated using state funds only if the fixture meets the specific energy conservation and light pollution standards in Health and Safety Code Chapter 425. The standards for state-funded outdoor lighting fixtures do not apply when: 1. Preempted by federal law, rule, or regulation; 2. Emergency personnel temporarily require additional illumination for emergency procedures; 3. The lighting fixture is used temporarily for nighttime work; 4. Special events or circumstances require additional illumination; 5. The fixture is used solely to enhance the aesthetic beauty of an object; or 6. A compelling safety interest cannot be addressed by another method. DATE ISSUED: 10/16/ of 9 UPDATE 98 CS(LEGAL)-P Page 44

50 Eagle Pass ISD FACILITY STANDARDS CS (LEGAL) Special events or situations that may require additional illumination include sporting events and illumination of monuments, historic structures, or flags. Illumination for special events or situations must be installed to shield the outdoor lighting fixtures from direct view and to minimize upward lighting and light pollution. Health and Safety Code TESTING OF NATURAL GAS PIPING RAILROAD COMMISSION RULES STANDARDS AND PROCEDURE NOTICE TERMINATION OF SERVICE At least every two years, before the beginning of the school year and in strict compliance with the time frames established by Railroad Commission rule, the District shall pressure test the natural gas piping system in each District facility. The testing may be performed on a two-year cycle under which the District pressure tests the natural gas piping system in approximately one-half of the facilities each year. If the District operates one or more District facilities on a year-round calendar, the pressure test in each of those facilities shall be conducted and reported not later than July 1 of the year in which the pressure test is performed. Utilities Code ; 16 TAC 8.230(c)(4) The Railroad Commission of Texas has adopted rules to enforce this policy. Each District facility described in Commission rules shall be tested in accordance with the procedures and timetables implemented by Commission rules. 16 TAC A test performed under a municipal code in compliance with Railroad Commission rules shall satisfy the pressure testing requirements. Utilities Code (d); 16 TAC 8.230(c)(1) The pressure test shall determine whether the natural gas piping downstream of a District facility meter holds at least normal operating pressure over a specified period determined by the Railroad Commission. During the pressure test, each system supply inlet and outlet in the facility must be closed. The pressure test shall be performed by a person qualified in accordance with the testing procedures established by Railroad Commission rules. At the District s request, the Railroad Commission shall assist the District in developing a procedure for conducting the test. Utilities Code ; 16 TAC 8.230(c)(2), (3) The District shall provide written notice to the District s natural gas supplier specifying the date and result of each pressure test or other inspection. The supplier shall develop procedures for receiving such written notice from the District. Utilities Code (a); 16 TAC 8.230(b)(1) The supplier shall terminate service to a District facility if: DATE ISSUED: 10/16/ of 9 UPDATE 98 CS(LEGAL)-P Page 45

51 Eagle Pass ISD FACILITY STANDARDS CS (LEGAL) REPORTING LEAKS LP-GAS SYSTEMS TESTING REQUIREMENTS OF TEST 1. The supplier receives official notification from the firm or individual conducting the test of a hazardous natural gas leakage in the facility piping system; or 2. A test or other inspection is not performed as required. Utilities Code (a) The supplier shall develop procedures for terminating service to the District if: 1. The natural gas supplier receives notification of a hazardous natural gas leak in the school facility piping system; or 2. The natural gas supplier does not receive written notification from the District specifying the completion date and results of the testing. 16 TAC 8.230(b)(2) An identified natural gas leakage in a District facility must be reported to the Board. The firm or individual conducting the natural gas piping test shall immediately report any hazardous natural gas leak in a District facility to the Board and to the District s natural gas supplier. Utilities Code ; 16 TAC 8.230(c)(6) At least biennially, the District shall perform leakage tests on the LP-gas piping system in each District facility before the beginning of the school year. The District may perform the leakage tests on a two-year cycle under which the tests are performed for the LP-gas piping systems of approximately half of the facilities each year. If the District operates one or more District facilities on a year-round calendar, the leakage test in each of those facilities must be conducted and reported not later than July 1 of the year in which the test is performed. A test performed under a municipal code satisfies the testing requirements. Natural Resources Code ; 16 TAC 9.41 The District shall perform the leakage test to determine whether the LP-gas piping system holds at least the amount of pressure specified by the Railroad Commission. The leakage test must be conducted in accordance with Railroad Commission rules at 19 Administrative Code The Railroad Commission, upon request, shall assist the District in providing for the certification of a District employee to conduct the test and in developing a procedure for conducting the test. Natural Resources Code ; 19 TAC 9.41(c) (d) DATE ISSUED: 10/16/ of 9 UPDATE 98 CS(LEGAL)-P Page 46

52 Eagle Pass ISD FACILITY STANDARDS CS (LEGAL) Before the introduction of any LP-gas into the LP-gas piping system, the District shall provide verification to its supplier that the piping has been tested. DOCUMENTATION TERMINATION OF SERVICE REPORTING LEAKS DEFINITIONS INTRASTATE PIPELINE EMERGENCY RESPONSE PLAN The District shall retain documentation specifying the date and the result of each leakage test or other inspection of each LP-gas piping system until at least the fifth anniversary of the date the test or other inspection was performed. The commission may review the District s documentation of each leakage test or other inspection conducted by the District. Natural Resources Code ; 16 TAC 9.41(b)(2) (3) A supplier shall terminate service to a District facility if: 1. The supplier receives official notification from the firm or individual conducting the test of a hazardous leakage in the facility LP-gas piping system; or 2. A test at the facility is not performed as required. Natural Resources Code An identified school LP-gas system leakage in a school district facility shall be reported to the Board. The District shall immediately remove the affected school district facility from LP-gas service until repairs are made and it passes a subsequent school LP-gas system leakage test. If an employee of the District performs the initial test, then the subsequent test may not be performed by a District employee. Natural Resources Code ; 16 TAC 9.41(b)(1) School district facility means each building or structure operated by a school district and equipped with a school LP-gas system, in which students receive instruction or participate in school sponsored extracurricular activities, excluding maintenance or bus facilities, vehicle fueling facilities, administrative offices, and similar facilities not regularly used by students. School LP-gas system means all piping, fittings, valves, regulators, appliance connectors, equipment, and connections supplying fuel gas from the outlet of the shutoff valve at each LP-gas storage container or upstream of each meter to the shutoff valve(s) on each appliance in a school district facility. 16 TAC 9.41(a)(4) (5) The Railroad Commission shall require the owner or operator of each intrastate hazardous liquid or carbon dioxide pipeline facility, any part of which is located within 1,000 feet of a public school building containing classrooms, or within 1,000 feet of another public school facility where students congregate, to: DATE ISSUED: 10/16/ of 9 UPDATE 98 CS(LEGAL)-P Page 47

53 Eagle Pass ISD FACILITY STANDARDS CS (LEGAL) 1. On written request from the District, provide in writing the following parts of a pipeline emergency response plan that are relevant to the school: a. A description and map of the pipeline facilities that are within 1,000 feet of the school building or facility; b. A list of any product transported in the segment of the pipeline that is within 1,000 feet of the school facility; c. The designated emergency number for the pipeline facility operator; d. Information on the state s excavation one-call system; and e. Information on how to recognize, report, and respond to a product release; and 2. Mail a copy of the requested items by certified mail, return receipt requested, to the Superintendent of the District in which the school building or facility is located. A pipeline operator or the operator s representative shall appear at a regularly scheduled meeting of the Board to explain the above items if requested by the Board or District. The Railroad Commission may not require the release of parts of an emergency response plan that include security sensitive information, including maps or data. Security sensitive information shall be made available for review by but not provided to the Board. Natural Resources Code (k) (m); 16 TAC DATE ISSUED: 10/16/ of 9 UPDATE 98 CS(LEGAL)-P Page 48

54 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) Note: For information on procuring goods and services under Education Code Chapter 44, see CH(LEGAL). BOARD AUTHORITY DELEGATION OF AUTHORITY CONTRACTS VALUED AT OR ABOVE $50,000 SELECTING A CONTRACTING METHOD The District may adopt rules as necessary to implement Government Code Chapter Gov t Code The Board may delegate its authority under Government Code Chapter 2269 regarding an action authorized or required by Chapter 2269 to a designated representative, committee, or other person. The Board shall provide notice of the delegation, the limits of the delegation, and the name or title of each designated person by rule or in the request for bids, proposals, or qualifications or in an addendum to the request. Gov t Code All District contracts valued at $50,000 or more in the aggregate for each 12-month period shall be made by the method that provides the best value for the District [see also CH]: 1. An interlocal contract. [See CH] 2. Competitive bidding. [See CVA] 3. Competitive sealed proposals. [See CVB] 4. Construction manager-agent method. [See CVC] 5. Construction manager-at-risk method. [See CVD] 6. Design-build method. [See CVE] 7. Job order contract. [See CVF] 8. The reverse auction procedure as defined by Government Code (d). [See CH] Education Code (a), Gov t Code 2269 [For information on contract-related fees, see CH] If the Board considers a construction contract using a method authorized by Government Code Chapter 2269 other than competitive bidding, the Board must, before advertising, determine which method provides the best value for the District. Gov t Code (a) DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 49

55 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) EXCEPTIONS EMERGENCY DAMAGE OR DESTRUCTION CONTRACTS REQUIRING A BOND PUBLIC NOTICE CONTRACT SELECTION CRITERIA If school equipment, a school facility, or a part of a school facility or personal property is destroyed or severely damaged or, as a result of an unforeseen catastrophe or emergency, undergoes major operational or structural failure, and the Board determines that the delay posed by the methods provided for in Education Code would prevent or substantially impair the conduct of classes or other essential school activities, then contracts for the replacement or repair of the equipment, school facility, or the part of the school facility may be made by methods other than those required by Education Code Education Code (h) A reverse auction procedure, whether the same or similar to that described by Government Code , may not be used to obtain services related to a public work contract for which a bond is required under Government Code [see PAYMENT AND PERFORMANCE BONDS, below]. Gov t Code (h) Notice of the time by when and place where the bids or proposals, or the responses to a request for qualifications, will be received and opened shall be published in the county in which the District s central administrative office is located, once a week for at least two weeks before the deadline for receiving bids, proposals, or responses to a request for qualifications. If there is not a newspaper in that county, the advertising shall be published in a newspaper in the county nearest the county seat of the county in which the District s central administrative office is located. In a two-step procurement process, the time and place where the second-step bids, proposals, or responses will be received are not required to be published separately. Education Code (g); Gov t Code (a) (b) In determining the award of a contract, the District shall consider and apply: 1. Any existing laws, including any criteria, related to historically underutilized businesses; and 2. Any existing laws, rules, or applicable municipal charters, including laws applicable to local governments, related to the use of women, minority, small, or disadvantaged businesses. In determining the award of a contract, the District may consider: 1. Price. 2. The offeror s experience and reputation. 3. The quality of the offeror s goods or services. DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 50

56 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) 4. The impact on the ability of the District to comply with rules relating to historically underutilized businesses. 5. The offeror s safety record. 6. The offeror s proposed personnel. 7. Whether the offeror s financial capability is appropriate to the size and scope of the project. 8. Any other relevant factor specifically listed in the request for bids, proposals, or qualifications. Gov t Code OUT-OF-STATE BIDDERS PUBLISHING CRITERIA SUBMISSION SELECTION MAKING EVALUATIONS PUBLIC CHANGE ORDERS The Board shall not award a contract for general construction, improvements, services, or public works projects or for purchase of supplies, materials, or equipment to a bidder whose principal place of business is not in this state, unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the greater of the amount by which a resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident s principal place of business is located or a state in which a majority of the manufacturing relating to the contract will be performed. Gov t Code This requirement shall not apply to a contract involving federal funds. The District shall rely on information published by the comptroller in evaluating the bids of a nonresident bidder. Gov t Code The District shall publish in the request for proposals or qualifications the criteria that will be used to evaluate the offerors and the applicable weighted value for each criterion. Gov t Code (b) A person who submits a bid, proposal, or qualification to a governmental entity shall seal it before delivery. Gov t Code The District shall base its selection among offerors on applicable criteria listed for the particular method used. Gov t Code (b) The District shall document the basis of its selection and shall make the evaluations public not later than the seventh day after the date the contract is awarded. Gov t Code (c),.105 If a change in plans or specifications is necessary after the performance of a contract is begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 51

57 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) equipment, or supplies to be furnished, the District may approve change orders making the changes. The District may grant general authority to an administrative official to approve the change orders. The total contract price may not be increased because of the changes unless additional money for increased costs is approved for that purpose from available money or is provided for by the authorization of the issuance of time warrants. A contract with an original contract price of $1 million or more may not be increased by more than 25 percent. If a change order for a contract with an original contract price of less than $1 million increases the contract amount to $1 million or more, the total of the subsequent change orders may not increase the revised contract amount by more than 25 percent of the original contract price. Education Code INSPECTION, VERIFICATION AND TESTING IMPACT FEES ENERGY SAVINGS PERFORMANCE CONTRACTS PROFESSIONAL SERVICES ARCHITECTS AND ENGINEERS Independently of the contractor, construction manager-at-risk, or design-build firm, the District shall provide or contract for the construction materials engineering, testing, and inspection services and the verification testing services necessary for acceptance of the facility by the District. The District shall select the services for which it contracts in accordance with Government Code Gov t Code The District is not required to pay impact fees imposed under Local Government Code Chapter 395 unless the Board consents to the payment of the fees by entering a contract with the political subdivision that imposes the fees. The contract may contain terms the Board considers advisable to provide for the payment of the fees. Local Gov t Code The contracting and delivery procedures for construction projects described at Government Code Chapter 2269 do not apply to energy savings performance contracts described at Education Code Education Code (j) [See CL] An architect or engineer required to be selected or designated under Government Code Chapter 2269 has full responsibility for complying with Occupations Code Chapter 1051 or 1001, as applicable. If the selected or designated architect or engineer is not a full-time employee of the District, the District shall select the architect or DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 52

58 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) engineer on the basis of demonstrated competence and qualifications as provided by Government Code [see PROCUR- ING PROFESSIONAL SERVICES, below]. Gov t Code REGISTERED ARCHITECT REGISTERED ENGINEER An architectural plan or specification for any of the following may be prepared only by an architect registered in accordance with Occupations Code, Title 6, Chapter 1051: 1. A new building constructed and owned by the District that will be used for education, assembly, or office occupancy when the total projected construction costs at the commencement of construction exceed $100, Any alteration or addition to an existing building owned by the District that is, or will be, used for education, assembly, or office occupancy when the total projected construction costs of alteration or addition at the commencement of construction exceed $50,000 and the alteration or addition requires the removal, relocation, or addition of any walls or partitions or the alteration or addition of an exit. This section does not prohibit the District from choosing a registered architect or a registered professional engineer as the prime design professional for a building construction, alteration, or addition project. Designation as the prime design professional does not expand, limit, or otherwise alter the scope of a design professional s practice nor does it allow a design professional to prepare an architectural plan or specification described above. Occupations Code ; 22 TAC Electrical or mechanical engineering plans, specifications, and estimates for a District construction project whose contemplated cost at completion is more than $8,000 and that involves public health, welfare, or safety must be prepared by a registered professional engineer, and the engineering construction executed under the supervision of such an engineer. Occupations Code ; Atty. Gen. Op. C-791 (1966) The District is not required to secure the services of a registered professional engineer to prepare plans for or supervise a construction project that does not involve electrical or mechanical engineering and for which the contemplated cost does not exceed $20,000. Occupations Code DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 53

59 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) CERTIFICATION FOR PURCHASES THROUGH PURCHASING COOPERATIVES PROCURING PROFESSIONAL SERVICES The District may not enter into a contract to purchase constructionrelated goods or services through a purchasing cooperative in an amount greater than $50,000 unless a person designated by the District certifies in writing that: 1. The project for which the construction-related goods or services are being procured does not require the preparation of plans and specifications under Chapter 1001 or 1051, Occupations Code; or 2. The plans and specifications required under Chapters 1001 and 1051, Occupations Code, have been prepared. Purchasing cooperative means a group purchasing organization that governmental entities join as members and the managing entity of which receives fees from members or vendors. Gov t Code (j) The purchasing requirements of Education Code do not apply to a contract for professional services rendered, including the services of an architect. The District may contract for professional services rendered by a financial consultant or a technology consultant in the manner provided by Government Code , in lieu of the methods provided by Education Code Education Code (f) Competitive bids shall not be solicited for professional services of any architect, landscape architect, land surveyor, professional engineer, or state-certified or state-licensed real estate appraiser. Contracts for these professional services shall be made on the basis of demonstrated competence and qualifications to perform the services and for a fair and reasonable price. Gov t Code ,.003(a) In procuring architectural, engineering, or land-surveying services, the District shall: 1. First select the most highly qualified provider on the basis of demonstrated competence and qualifications; and 2. Then attempt to negotiate a contract with that provider at a fair and reasonable price. If a satisfactory contract cannot be negotiated with the most highly qualified provider of architectural, engineering, or land-surveying services, the District shall formally end negotiations with that provider, select the next most highly qualified provider, and attempt to negotiate a contract with that provider at a fair and reasonable DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 54

60 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) price. The District shall continue this process until the parties enter into a contract. Gov t Code An interlocal contract between the District and a purchasing cooperative may not be used to purchase engineering or architectural services. Gov t Code (h) RIGHT TO WORK ACCESSIBILITY PAYMENT AND PERFORMANCE BONDS While engaged in procuring goods or services, awarding a contract, or overseeing procurement or construction for a public work or public improvement under Government Code Chapter 2269, the District: 1. May not consider whether a person is a member of or has another relationship with any organization; and 2. Shall ensure that its bid specifications and any subsequent contract or other agreement do not deny or diminish the right of a person to work because of the person s membership or other relationship status with respect to an organization. Gov t Code Each facility or part of a facility constructed by, on behalf of, or for the use of the District shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities. Alterations of facilities that affect or could affect their usability shall, to the maximum extent feasible, be altered in such manner that the altered portion is readily accessible to and usable by individuals with disabilities. 28 C.F.R , 34 C.F.R When the Board makes a public work contract for constructing, altering, or repairing a public building or carrying out or completing any public work, it shall require the contractor, before beginning the work, to execute payment and/or performance bonds as specified below. The bonds shall be executed by a corporate surety in accordance with Insurance Code The bond shall be payable to the Board and in a form approved by the Board. Gov t Code (a), (d) (e) For a contract in excess of $100,000, a performance bond shall be executed in the amount of the contract conditioned on the faithful performance of the work according to the plans, specifications, and contract documents. The bond is solely for the protection of the District. Gov t Code (b) For a contract in excess of $25,000, a payment bond shall be executed in the amount of the contract solely for the protection and DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 55

61 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) use of payment bond beneficiaries who have a direct contractual relationship with the prime contractor or a subcontractor to supply public work labor or material. Gov t Code (c) FAILURE TO OBTAIN PAYMENT BOND NO BOND FOR DESIGN SERVICES ONLY BOND FOR INSURED LOSS EXCEPTION TO BOND REQUIREMENT PREVAILING WAGE ON PUBLIC WORKS If the Board fails to obtain a payment bond covering a contract in excess of $25,000 from the prime contractor, it is subject to the same liability as a surety would be, and a payment bond beneficiary is entitled to a lien on money due to the prime contractor in the same manner and to the same extent as if the contract were subject to Subchapter J, Chapter 53, Property Code. Gov t Code A payment or performance bond is not required and may not provide coverage for the design portion of the design-build contract with the design-build firm. Gov t Code (a) [See CVE for more information on design/build contracts, including bond amounts] The Board shall ensure that an insurance company that is fulfilling its obligation under a contract of insurance by arranging for the replacement of a loss, rather than by making a cash payment directly to the governmental entity, furnishes or has furnished by a contractor: 1. A performance bond for the benefit of the District, as described above; and 2. A payment bond, as described above. If the payment bond is not furnished, the District is subject to the same liability that a surety would have if the surety had issued the payment bond and the District had required the bond to be provided. These bonds shall be furnished before the contractor begins work. It is an implied obligation under a contract of insurance for the insurance company to furnish these bonds. The requirement that the District secure a performance or payment bond from an insurance company, above, does not apply when a surety company is complying with an obligation under a bond that had been issued for the benefit of the District. Gov t Code A worker, laborer, or mechanic employed on a public work, exclusive of maintenance work, by or on behalf of the District shall be paid not less than the general prevailing rate of per diem wages. The general prevailing rate of per diem wages is the rate of per diem wages for work of a similar character in the locality in which the work is performed, and also includes the rate of per diem wages for legal holiday and overtime work. A worker is employed on a DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 56

62 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) public work if the worker is employed by a contractor or subcontractor in the execution of a contract for public work with the District. Gov t Code ,.021 The Board shall determine, as a sum certain, the general prevailing rate of per diem wages in the District for each craft or type of worker needed to execute the contract and also for legal holiday and overtime work. To ascertain the general prevailing rate of per diem wages, the Board shall either conduct a survey of the wages received by classes of workers, laborers, and mechanics employed on projects of a character similar to the contract work in the District or adopt the prevailing wage rate as determined by the U.S. Department of Labor. The Board shall specify the prevailing rate of per diem wages in the call for bids and in the contract itself. The Board s determination of the general prevailing rates of per diem wages shall be final. Gov t Code ,.022 ENFORCEMENT RETAINAGE AND REIMBURSEMENT PENALTY FOR NONCOMPLIANCE The Board, and an agent or officer of the Board, shall receive complaints regarding violations of the prevailing wage requirements of Chapter 2258, and withhold money from the contractor as required by statute. Upon receipt of a complaint, the Board shall determine, before the 31st day after the date the information is received, whether good cause exists to believe that a contractor or subcontractor has failed to pay the prevailing wage and shall provide written notice of its determination to the contractor or subcontractor and any affected laborer, worker, or mechanic of its initial determination. Gov t Code The Board shall retain any amounts due under the contract pending a final determination of the violation. Upon a final determination that violations have occurred, the Board shall use those retained amounts to pay the laborer, worker, or mechanic the difference between the amount the worker received in wages and the amount the worker would have received at the prevailing rate of per diem wages provided in the arbitrator s award. The Board may adopt rules, orders, or ordinances relating to the manner in which the reimbursement is made. Gov t Code (d),.056 The contractor to whom the contract is awarded or any subcontractors of the contractor shall pay not less than the specified rates to all laborers, workers, and mechanics employed in the execution of the contract. A contractor or subcontractor who fails to pay the specified rates as required shall pay to the District $60 for each worker, laborer, or mechanic employed for each calendar day or part of a calendar day the worker is paid less than the wage rates specified in the contract. The Board must specify this penalty in the contract. If the District does not determine the prevailing wage rates and specify them in the contract, the contractor or subcon- DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 57

63 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) tractor may not be fined. The Board shall use any penalty money collected to offset the costs incurred in administering Government Code Chapter Gov t Code REQUIRED WORKERS COMPENSATION COVERAGE When the District enters into a building or construction contract on a project, it shall fulfill the following requirements regarding required workers compensation coverages. A project includes the provision of all services related to a building or construction contract for the District. The District shall: 1. Include in the bid specifications all the duties and responsibilities of contractors pertaining to required workers compensation coverages. [See CV(EXHIBIT)] 2. As part of the contract, using the language required by 28 Administrative Code (c)(7), require the contractor to perform the duties and responsibilities pertaining to required workers compensation coverages. [See CV(EXHIBIT)] 3. Obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person s beginning work on the project. This provision includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracts directly with the contractor and regardless of whether that person has employees. This includes, but is not limited to, independent contractors, subcontractors, leasing companies, motor carriers, owneroperators, employees of any such entity, or employees of any entity furnishing persons to perform services on the contract. Services include, but are not limited to, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 4. Obtain from the contractor a new certificate of coverage showing extension of coverage: a. Before the end of the coverage period, if the contractor s current certificate shows that the coverage period ends during the duration of the project; and b. No later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project. DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 58

64 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) 5. Retain certificates of coverage on file for the duration of the project and for three years thereafter. 6. Provide a copy of the certificate of coverage to the Texas Department of Insurance upon request and to any person entitled to a copy by law. 7. Use the prescribed language for bid specifications and contracts without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation. [See CV(EXHIBIT) for prescribed language] Labor Code ; 28 TAC (a)(7)(8), (c) EXCEPTION CRIMINAL HISTORY IMPERMISSIBLE PRACTICES ENFORCEMENT ACTIONS DEFECTS IN INSTRUCTIONAL FACILITIES This coverage requirement does not apply to sole proprietors or partners of a covered business entity or corporate officers, if the sole proprietor, partner or officer is explicitly excluded from the coverage of their business entity through an endorsement to the insurance policy or certificate of authority to self insure. Labor Code ; 28 TAC (i) For provisions pertaining to criminal history record information on contractors, see CJA(LEGAL). A Board member, employee, or agent of the District who knowingly or with criminal negligence violates the purchasing laws found in Education Code Chapter 44 as described at Education Code is subject to criminal penalties. Education Code [See CH] Government Code Chapter 2269 may be enforced through an action for declaratory or injunctive relief filed not later than the tenth day after the date on which the contract is awarded. Gov t Code If the District brings an action for recovery of damages for the defective design, construction, renovation, or improvement of an instructional facility financed by bonds for which the District receives state assistance under Education Code Chapter 46, Subchapter A (Instructional Facilities Allotment), the District shall provide the Commissioner with written notice of the action. The Commissioner may join in the action on behalf of the state to protect the state s share. The District shall use the net proceeds from the action to repair the defect or to replace the facility. Education Code applies to the repair. DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 59

65 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LEGAL) The state s share is state property. The District shall send to the comptroller any portion of the state's share not used by the District to repair the defect or to replace the facility. Education Code applies to the state's share. NET PROCEEDS STATE S SHARE ATTORNEY FEES Net proceeds means the difference between the amount recovered by or on behalf of the District in an action, by settlement or otherwise, and the legal fees and litigation costs incurred by the District in prosecuting the action. State s share means an amount equal to the District's net proceeds from the recovery multiplied by a percentage determined by dividing the amount of state assistance under Education Code Chapter 46, Subchapter A used to pay the principal of and interest on bonds issued in connection with the instructional facility that is the subject of the action by the total amount of principal and interest paid on the bonds as of the date of the judgment or settlement. Education Code A governmental contract for general construction, an improvement, a service, or a public works project may not provide for the award of attorney s fees to the District in a dispute in which the District prevails unless the contract provides for the award of attorney s fees to each other party to the contract if that party prevails in the dispute. Gov t Code DATE ISSUED: 10/16/ of 12 UPDATE 98 CV(LEGAL)-P Page 60

66 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LOCAL) COMPLIANCE WITH LAW CONSTRUCTION CONTRACTS INITIAL PHASE CHANGE ORDERS EMERGENCY PROJECT ADMINISTRATION The Superintendent shall establish procedures that ensure that all school facilities within the District comply with applicable laws and local building codes. Prior to advertising, the Board shall determine the project delivery/contract award method to be used for each construction contract valued at or above $50,000. To assist the Board, the Superintendent shall recommend the project delivery/contract award method that he or she determines provides the best value to the District. [See CV series] For construction contracts valued at or above $20,000, the Superintendent shall also submit the resulting contract to the Board for approval. Lesser expenditures for construction and constructionrelated materials or services shall be at the discretion of the Superintendent and consistent with law and policy. [See also CH] Bidding for District construction projects for which the architect is contracted shall be handled by the architect, who will be responsible for receiving and recording all bonds, deposits, and other documents as required. Performance and pay bonds in the amount of the estimated cost of the project shall be required before contracts for construction are signed. Change orders permitted by law shall be approved prior to any changes being made in the approved plans or the actual construction of the facility. Change orders valued at or above $1,000 shall require Board approval. The Superintendent shall be authorized to approve change orders of a lesser amount. In all change orders, the District s architect shall give a written cost estimate of the proposed change and submit it to the administration. The signature of the Superintendent or designee shall be required before a change order may be executed. When emergencies arise that require an immediate response, the architect may issue a field order when the amount in question is not over $1,000. However, a cost estimate shall be submitted and verbal approval given by the Superintendent or designee before proceeding. The field order shall then be followed by a written change order as indicated above. All construction projects shall be administered by the Superintendent or designee. The Superintendent shall keep the Board informed concerning construction projects and also shall provide information to the general public. DATE ISSUED: 5/7/ of 2 LDU CV(LOCAL)-X Page 61

67 Eagle Pass ISD FACILITIES CONSTRUCTION CV (LOCAL) CERTIFICATES OF PAYMENT FINAL PAYMENT The architect shall certify all bills before payment is made and shall issue a certificate of payment outlining the amounts due the contractor. All work shall be performed to the satisfaction of the architect before payment is made. The signature of the Superintendent shall be required on all certificates of payment. The District shall not make final payments for construction or the supervision of construction until the work has been completed and the Board has accepted the work. DATE ISSUED: 5/7/2014 ADOPTED: 2 of 2 LDU CV(LOCAL)-X Page 62

68 Eagle Pass ISD FACILITIES CONSTRUCTION CV (EXHIBIT) REQUIRED WORKERS COMPENSATION COVERAGES 28 TAC (c)(7), adopted to implement Texas Labor Code The District shall use the following language for bid specifications and contracts for building or construction, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation. A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Department of Insurance (TDI), or a coverage agreement (DWC-81, DWC-82, DWC-83, or DWC-84), showing statutory workers compensation insurance coverage for the person s or entity s employees providing services on a project is required for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the contractor s/person s work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( subcontractor in Texas Labor Code ) include all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owneroperators, employees of any such entity, or employees of any entity that furnishes persons to provide services on the project. Services include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code (44) for all employees of the contractor providing services on the project for the duration of the project. The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the contractor s current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and DATE ISSUED: 11/29/ of 3 UPDATE 57 CV(EXHIBIT)-P Page 63

69 Eagle Pass ISD FACILITIES CONSTRUCTION CV (EXHIBIT) 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The contractor shall post on each project site a notice, in the text, form, and manner prescribed by the TDI, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code (44) for all of its employees providing services on the project for the duration of the project; 2. Provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project for the duration of the project; 3. Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 4. Obtain from each other person with whom it contracts, and provide to the contractor: a. A certificate of coverage, prior to the other person beginning work on the project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts to perform as required by items 1 6, with the certificates of coverage to be provided to the person for whom they are providing services. DATE ISSUED: 11/29/ of 3 UPDATE 57 CV(EXHIBIT)-P Page 64

70 Eagle Pass ISD FACILITIES CONSTRUCTION CV (EXHIBIT) By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the TDI s Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. The contractor s failure to comply with any of these provisions is a breach of contract by the contractor that entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. The coverage requirement recited above does not apply to sole proprietors, partners, and corporate officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, TAC (i) DATE ISSUED: 11/29/ of 3 UPDATE 57 CV(EXHIBIT)-P Page 65

71 Eagle Pass ISD FACILITIES CONSTRUCTION COMPETITIVE BIDDING CVA (LEGAL) Competitive bidding is a procurement method by which the District contracts with a contractor for the construction, alteration, rehabilitation, or repair of a facility by awarding the contract to the lowest responsible bidder. Except as otherwise provided by Government Code Chapter 2269 or other law, the District may contract for the construction, alteration, rehabilitation, or repair of a facility only after the District advertises for bids for the contract in a manner prescribed by law, receives competitive bids, and awards the contract to the lowest responsible bidder. Gov t Code The competitive bidding process is governed by the process outlined below. The District must comply with applicable legal requirements in this policy as well as other applicable legal requirements [see CV(LEGAL)], which include the following steps: 1. Giving PUBLIC NOTICE of the project; 2. Publishing CONTRACT SELECTION CRITERIA; 3. MAKING EVALUATIONS PUBLIC after the contract is awarded; and 4. Providing for INSPECTION, VERIFICATION, AND TESTING necessary for acceptance of the facility by the District. Education Code (g); Gov t Code ,.055,.056(c),.058,.105 Note: Terms in all capital letters, above, point to margin notes in the referenced policy. PREPARATION OF REQUEST USE OF ARCHITECT OR ENGINEER OPENING BIDS The District shall prepare a request for competitive bids that includes construction documents, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to submit a bid. Gov t Code The District shall select or designate an architect or engineer in accordance with Occupations Code Chapter 1051 or 1001, as applicable, to prepare the construction documents required for a project to be awarded by competitive bidding. Gov t Code [See CV] The District shall receive, publicly open, and read aloud the names of the offerors and their bids. Bids shall be opened only by the Board at a public meeting or by an officer or employee of the District at or in an office of the District. A bid that has been opened DATE ISSUED: 10/16/ of 2 UPDATE 98 CVA(LEGAL)-P Page 66

72 Eagle Pass ISD FACILITIES CONSTRUCTION COMPETITIVE BIDDING CVA (LEGAL) may not be changed for the purpose of correcting an error in the bid price. Gov t Code ; Local Gov t Code The Board shall have the right to reject any and all bids. Local Gov t Code (a) SAFETY RECORD CONFLICT OF LAWS In determining who is a responsible bidder, the Board may take into account the safety record of the bidder; of the firm, corporation, partnership, or institution represented by the bidder; or of anyone acting for such firm, corporation, partnership, or institution, provided that the Board has: 1. Adopted a written definition and criteria for accurately determining the safety record of the bidder. 2. Given notice in the bid specifications that the safety record of a bidder may be considered in determining the bidder s responsibility. 3. Ascertained that such determination is not arbitrary and capricious. Local Gov t Code Except as otherwise specifically provided in this policy, Local Government Code Chapter 271, Subchapter B, does not apply to the competitive bidding process. Gov t Code DATE ISSUED: 10/16/ of 2 UPDATE 98 CVA(LEGAL)-P Page 67

73 Eagle Pass ISD FACILITIES CONSTRUCTION COMPETITIVE BIDDING CVA (LOCAL) SPECIFICATIONS BID PROCESS SAFETY RECORD The Superintendent or designee shall ensure that detailed specifications are prepared for any construction project for which competitive bids are sought. All bids shall be submitted in sealed envelopes, plainly marked with the name of the bid and the time of the bid opening. Bids shall be opened at the time specified. All interested parties shall be invited to attend the bid opening. Any bid may be withdrawn prior to the scheduled time for opening. Bids received after the specified time shall not be considered. In determining the lowest responsible bidder, the Board may consider all relevant factors, including, but not limited to, history of responsibility, experience, and safety record. If the District considers the safety record of bidders in determining to whom to award a contract, the safety record shall be defined as: 1. A bidder s OSHA (Office of Safety and Health Administration) inspection logs for the last three years; 2. A loss analysis from the bidder s insurance carrier; and 3. A loss history covering all lines of insurance coverage carried by the bidder. DATE ISSUED: 9/17/1997 ADOPTED: 1 of 1 UPDATE 57 CVA(LOCAL)-X Page 68

74 Eagle Pass ISD FACILITIES CONSTRUCTION COMPETITIVE SEALED PROPOSALS CVB (LEGAL) Competitive sealed proposals is a procurement method by which the District requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. Gov t Code If the District uses the competitive sealed proposals method as described in this policy, it must comply with applicable legal requirements in this policy as well as other applicable legal requirements [see CV(LEGAL)], which include the following steps: 1. SELECTING A CONTRACTING METHOD; 2. Giving PUBLIC NOTICE of the project; 3. Publishing CONTRACT SELECTION CRITERIA; 4. MAKING EVALUATIONS PUBLIC after the contract is awarded; and 5. Providing for INSPECTION, VERIFICATION, AND TESTING necessary for acceptance of the facility by the District. Education Code (g); Gov t Code ,.055,.056(a), (c),.058 Note: Terms in all capital letters, above, point to margin notes in the referenced policy. REQUEST FOR PROPOSALS ARCHITECT/ ENGINEER OPENING PROPOSALS SELECTION The District shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria and the weighted value for each criterion, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to respond to the request. Gov t Code The District shall select or designate an architect or engineer to prepare construction documents for the project. Gov t Code [See CV] The District shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. Not later than the 45th day after the date on which the proposals are opened, the District shall evaluate and rank each proposal submitted in relation to the published selection criteria. Gov t Code The District shall select the offeror that submits the proposal that offers the best value for the District based on the selection criteria DATE ISSUED: 10/17/ of 2 UPDATE 91 CVB(LEGAL)-P Page 69

75 Eagle Pass ISD FACILITIES CONSTRUCTION COMPETITIVE SEALED PROPOSALS CVB (LEGAL) in the request for proposal and the weighted value for those criteria in the request for proposal and on its ranking evaluation. The District shall first attempt to negotiate a contract with the selected offeror. The District and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the District is unable to negotiate a satisfactory contract with the selected offeror, the District shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. Gov t Code DATE ISSUED: 10/17/ of 2 UPDATE 91 CVB(LEGAL)-P Page 70

76 Eagle Pass ISD FACILITIES CONSTRUCTION COMPETITIVE SEALED PROPOSALS CVB (LOCAL) SPECIFICATIONS PROCESS WITHDRAWAL AND LATE PROPOSALS PROPOSAL ACCEPTANCE SAFETY RECORD The Superintendent or designee shall prepare a request for proposals for any construction project for which competitive sealed proposals are sought. All proposals shall be submitted in sealed envelopes, plainly marked with the name of the proposal and the time of the deadline for submission. Proposals shall be opened at the time specified. All offerors shall be invited to attend the proposal opening. Changes in the content of a proposal, and in prices, may be negotiated after proposals are opened. Any proposal may be withdrawn prior to the scheduled time for opening. Proposals received after the specified time shall not be considered. The District may reject any and all proposals. If the safety record of offerors is considered in selecting a proposal, the record shall be defined as an offeror s OSHA (Occupational Safety and Health Administration) inspection logs for the last three years, a loss analysis from the offeror s insurance carrier, and a loss history covering all lines of insurance coverage carried by the offeror. DATE ISSUED: 5/7/2014 ADOPTED: 1 of 1 LDU CVB(LOCAL)-A Page 71

77 Eagle Pass ISD FACILITIES CONSTRUCTION CONSTRUCTION MANAGER-AGENT CVC (LEGAL) A construction manager-agent is a sole proprietorship, partnership, corporation, or other legal entity that serves as the agent for the District by providing consultation or administrative services during the design and construction phase and managing multiple contracts with various construction prime contractors for construction, rehabilitation, alteration, or repair of a facility. The District may retain a construction manager-agent only as provided by Government Code Chapter 2269, Subchapter E. The contract between the District and the construction manager-agent may require the construction manager-agent to provide administrative personnel, equipment necessary to perform duties under this policy, on-site management, and other services specified in the contract. Gov t Code A construction manager-agent may not: 1. Self-perform any aspect of the construction, rehabilitation, alteration, or repair of the facility. 2. Be a party to a construction subcontract for the construction, rehabilitation, alteration, or repair of the facility. 3. Provide or be required to provide performance and payment bonds for the construction, rehabilitation, alteration, or repair of the facility. Gov t Code A construction manager-agent represents the District in a fiduciary capacity. Gov t Code The District may use the construction manager-agent method for the construction, rehabilitation, alteration, or repair of a facility. In using this method, the District must comply with applicable legal requirements in this policy as well as other applicable legal requirements [see CV(LEGAL)], which include the following steps: 1. SELECTING A CONTRACTING METHOD; 2. Giving PUBLIC NOTICE of the project; 3. Publishing CONTRACT SELECTION CRITERIA; 4. MAKING EVALUATIONS PUBLIC after the contract is awarded; and 5. Providing for INSPECTION, VERIFICATION, AND TESTING necessary for acceptance of the facility by the District. Education Code (g); Gov t Code ,.055,.056(a), (c),.058,.201(c) DATE ISSUED: 10/16/ of 2 UPDATE 98 CVC(LEGAL)-P Page 72

78 Eagle Pass ISD FACILITIES CONSTRUCTION CONSTRUCTION MANAGER-AGENT CVC (LEGAL) Note: Terms in all capital letters, above, point to margin notes in the referenced policy. ARCHITECT/ ENGINEER SELECTION OF CONSTRUCTION MANAGER-AGENT INSURANCE SELECTION OF CONTRACTORS On or before the selection of a construction manager-agent, the District shall select or designate an architect or engineer in accordance with Occupations Code Chapter 1051 or 1001, as applicable, to prepare the construction documents for the project. Gov t Code (a) [See CV] The District s architect or engineer may not serve, alone or in combination with another person, as the construction manager-agent unless the architect or engineer is hired to serve as the construction manager-agent under a separate or concurrent selection process conducted in accordance with this policy. The District s architect or engineer is not prohibited by this policy from providing customary construction-phase services under the architect s or engineer s original professional service agreement in accordance with applicable licensing laws. Gov t Code (b) To the extent that the construction manager-agent s services are defined as part of the practice of architecture or engineering under Occupations Code Chapter 1051 or 1001 those services must be conducted by a person licensed under the applicable chapter. Gov t Code (c) The District shall select a construction manager-agent on the basis of demonstrated competence and qualifications in the same manner that an architect or engineer is selected under Government Code Gov t Code [See CV] The construction manager-agent shall maintain professional liability or errors and omissions insurance in the amount of at least $1 million for each occurrence. Gov t Code If the District is using the construction manager-agent method, the District shall procure, in accordance with applicable law and in any manner authorized by Government Code Chapter 2269, a general contractor or trade contractors who will serve as the prime contractor for their specific portion of the work and provide performance and payment bonds to the District in accordance with applicable laws. Gov t Code DATE ISSUED: 10/16/ of 2 UPDATE 98 CVC(LEGAL)-P Page 73

79 Eagle Pass ISD FACILITIES CONSTRUCTION CONSTRUCTION MANAGER-AT-RISK CVD (LEGAL) Construction manager-at-risk method is a delivery method by which the District contracts with an architect or engineer for design and construction phase services and contracts separately with a construction manager-at-risk to serve as the general contractor and to provide consultation during the design and construction, rehabilitation, alteration, or repair of a facility. Gov t Code (a) A construction manager-at-risk is a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitation, alteration, or repairs of a facility at a contracted price as a general contractor and provides consultation to the District regarding construction during and after the design of the facility. The contracted price may be a guaranteed maximum price. Gov t Code (b) The District may use the construction manager-at-risk method for the construction, rehabilitation, alteration, or repair of a facility. In using this method, the District must comply with applicable legal requirements in this policy as well as other applicable legal requirements [see CV(LEGAL)], which include the following steps: 1. SELECTING A CONTRACTING METHOD; 2. Giving PUBLIC NOTICE of the project; 3. Publishing CONTRACT SELECTION CRITERIA; 4. MAKING EVALUATIONS PUBLIC after the contract is awarded; and 5. Providing for INSPECTION, VERIFICATION, AND TESTING necessary for acceptance of the facility by the District. Education Code (g); Gov t Code ,.055,.056(a), (c),.058,.251(c) Note: Terms in all capital letters, above, point to margin notes in the referenced policy. ARCHITECT/ ENGINEER On or before the selection of a construction manager-at-risk, the District shall select or designate an architect or engineer or architect to prepare the construction documents for the project. Gov t Code (a) [See CV] The District s architect or engineer for a project may not serve, alone or in combination with another, as the construction managerat-risk unless the architect or engineer is hired to serve as the construction manager-at-risk under a separate or concurrent procurement conducted in accordance with Government Code Chapter DATE ISSUED: 10/16/ of 4 UPDATE 98 CVD(LEGAL)-P Page 74

80 Eagle Pass ISD FACILITIES CONSTRUCTION CONSTRUCTION MANAGER-AT-RISK CVD (LEGAL) 2269, Subchapter F, which does not prohibit the engineer or architect from providing customary construction phase services under the architect s or engineer s original professional service agreement in accordance with applicable licensing laws. Gov t Code (b) SELECTION PROCESS OPENING AND EVALUATING PROPOSALS SELECTION The District shall select the construction manager-at-risk in either a one-step or two-step process. The District shall prepare a single request for proposals, in the case of a one-step process, and an initial request for qualifications, in the case of a two-step process that includes: 1. A statement as to whether the selection process is a one-step or two-step process; 2. General information on the project site, project scope, schedule, selection criteria and the weighted value for each criterion, and estimated budget and the time and place for receipt of the proposals or qualifications; and 3. Other information that may assist the District in its selection of a construction manager-at-risk. The District shall state the selection criteria in the request for proposals or qualifications. If a one-step process is used, the District may request, as part of the offeror s proposal, proposed fees and prices for fulfilling the general conditions. If a two-step process is used, the District may not request fees or prices in step one. In step two, the District may request that five or fewer offerors, selected solely on the basis of qualifications, provide additional information, including the construction manager-at-risk s proposed fee and its price for fulfilling the general conditions. Gov t Code (a) (e) At each step, the District shall receive, publicly open, and read aloud the names of the offerors. At the appropriate step, the District shall also read aloud the fees and prices, if any, stated in each proposal as the proposal is opened. Not later than the 45th day after the date on which the final proposals are opened, the District shall evaluate and rank each proposal submitted in relation to the criteria set forth in the request for proposals. Gov t Code (f) (g) The District shall select the offeror that submits the proposal that offers the best value for the District based on the published selection criteria and on its ranking evaluation. The District shall first attempt to negotiate a contract with the selected offeror. If the DATE ISSUED: 10/16/ of 4 UPDATE 98 CVD(LEGAL)-P Page 75

81 Eagle Pass ISD FACILITIES CONSTRUCTION CONSTRUCTION MANAGER-AT-RISK CVD (LEGAL) District is unable to negotiate a satisfactory contract with the selected offeror, the District shall, formally and in writing, end negotiations with that offeror and proceed to negotiate with the next offeror in the order of the selection ranking until a contract is reached or negotiations with all ranked offerors end. Gov t Code (a) (c) NOTICE OF RANKINGS TRADE CONTRACTORS/ SUBCONTRACTORS BIDS OR PROPOSALS DEFAULT Not later than the seventh day after the date the contract is awarded, the District shall make the proposal rankings public. Gov t Code (d) A construction manager-at-risk shall publicly advertise for bids or proposals and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the work other than the minor work that may be included in the general conditions. A construction manager-at-risk may seek to perform portions of the work itself if: 1. The construction manager-at-risk submits its bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors; and 2. The District determines that the construction manager-atrisk s bid or proposal provides the best value for the District. Gov t Code The construction manager-at-risk shall review all trade contractor or subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process to a person not employed by the construction manager-atrisk, architect, engineer, or District. All bids or proposals shall be made available to the District on request and to the public after the later of the award of the contract or the seventh day after the date of final selection of bids or proposals. Gov t Code (a) If the construction manager-at-risk reviews, evaluates, and recommends to the District a bid or proposal from a trade contractor or subcontractor but the District requires another bid or proposal to be accepted, the District shall compensate the construction manager-at-risk by a change in price, time, or guaranteed maximum cost for any additional cost and risk that the construction managerat-risk incurs because of the District s requirement that another bid or proposal be accepted. Gov t Code (b) If a selected trade contractor or subcontractor defaults in the performance of its work or fails to execute a subcontract after being selected in accordance with this policy, the construction managerat-risk may itself fulfill, without advertising, the contract require- DATE ISSUED: 10/16/ of 4 UPDATE 98 CVD(LEGAL)-P Page 76

82 Eagle Pass ISD FACILITIES CONSTRUCTION CONSTRUCTION MANAGER-AT-RISK CVD (LEGAL) ments or select a replacement trade contractor or subcontractor to fulfill the contract requirements. Gov t Code PAYMENT AND PERFORMANCE BOND AMOUNTS If a fixed contract amount or guaranteed maximum price has not been determined at the time the contract is awarded, the penal sums of the performance and payment bonds delivered to the District must each be in an amount equal to the project budget, as specified in the request for proposals or qualifications. The construction manager shall deliver the bonds not later than the tenth day after the date the construction manager-at-risk executes the contract, unless the construction manager-at-risk furnishes a bid bond or other financial security acceptable to the District to ensure that the construction manager will furnish the required performance and payment bonds when a guaranteed maximum price is established. Gov t Code [See CV for more information on payment and performance bonds] DATE ISSUED: 10/16/ of 4 UPDATE 98 CVD(LEGAL)-P Page 77

83 Eagle Pass ISD FACILITIES CONSTRUCTION DESIGN-BUILD CVE (LEGAL) Design-build is a project delivery method by which a governmental entity contracts with a single entity to provide both design and construction services for the construction, rehabilitation, alteration, or repair of a facility. Gov t Code This policy applies only to a facility that is a building or an associated structure, including an electric utility structure. This policy does not apply to: 1. A highway, road, street, bridge, underground utility, water supply project, water plant, wastewater plant, water and wastewater distribution or conveyance facility, wharf, dock, airport runway or taxiway, drainage project, or related type of project associated with civil engineering construction; or 2. A building or structure that is incidental to a project that is primarily a civil engineering construction project. Gov t Code The District may use the design-build method for the construction, rehabilitation, alteration, or repair of a building or associated structure. In using this method, the District shall enter into a single contract with a design-build firm for the design and construction of the building or associated structure in accordance with applicable legal requirements in this policy as well as other applicable legal requirements [see CV(LEGAL)] which include the following steps: 1. SELECTING A CONTRACTING METHOD; 2. Giving PUBLIC NOTICE of the project; 3. Publishing CONTRACT SELECTION CRITERIA; 4. MAKING EVALUATIONS PUBLIC after the contract is awarded; and 5. Providing for INSPECTION, VERIFICATION, AND TESTING necessary for acceptance of the facility by the District. Education Code (g); Gov t Code ,.055,.056(a), (c),.058,.303 Note: Terms in all capital letters, above, point to margin notes in the referenced policy. DESIGN-BUILD FIRM A design-build firm must be a sole proprietorship, partnership, corporation, or other legal entity or team that includes an architect or engineer and a construction contractor. Gov t Code DATE ISSUED: 10/17/ of 4 UPDATE 91 CVE(LEGAL)-P Page 78

84 Eagle Pass ISD FACILITIES CONSTRUCTION DESIGN-BUILD CVE (LEGAL) ARCHITECT/ ENGINEER REQUEST FOR QUALIFICATIONS DESIGN CRITERIA PACKAGE EVALUATION QUALIFICATION The District shall select or designate an architect or engineer independent of the design-build firm to act as the District s representative for the duration of the project. Gov t Code [See CV] The District shall prepare a request for qualifications that includes general information on the project site, project scope, budget, special systems, selection criteria and the weighted value for each criterion, and other information that may assist potential design-build firms in submitting proposals for the project. Gov t Code (a) The District may not require offerors to submit architectural or engineering designs as part of a proposal or a response to a request for qualifications. Gov t Code (d) The District shall also prepare the design criteria package that includes more detailed information on the project. If the preparation of the design criteria package requires architectural or engineering services that constitute the practice of architecture within the meaning of Occupations Code Chapter 1051 or the practice of engineering within the meaning of Occupations Code Chapter 1001, those services shall be provided in accordance with the applicable law. Gov t Code (b) The design criteria package must include a set of documents that provides sufficient information, including criteria for selection, to permit a design-build firm to prepare a response to the District s request for qualifications and to provide any additional information requested. The design criteria package must specify criteria the District considers necessary to describe the project and may include, as appropriate, the legal description of the site, survey information concerning the site, interior space requirements, special material requirements, material quality standards, conceptual criteria for the project, special equipment requirements, cost or budget estimates, time schedules, quality assurance and quality control requirements, site development requirements, applicable codes and ordinances, provisions for utilities, parking requirements, and any other requirement. Gov t Code (c) For each design-build firm that responded to the request for qualifications, the District shall evaluate the firm s experience, technical competence, capability to perform, the past performance of the firm and members of the firm, and other appropriate factors submitted by the firm in response to the request for qualifications, except that cost-related or price-related evaluation factors are not permitted. Each firm must certify to the District that each architect or engineer that is a member of the firm was selected based on demonstrated competence and qualifications, in the manner provided by Government Code The District shall qualify a maximum of DATE ISSUED: 10/17/ of 4 UPDATE 91 CVE(LEGAL)-P Page 79

85 Eagle Pass ISD FACILITIES CONSTRUCTION DESIGN-BUILD CVE (LEGAL) five responders to submit proposals that contain additional information and, if the District chooses, to interview for final selection. Gov t Code (a) (c) PROPOSALS SELECTION NOTICE OF RANKINGS DESIGN The District shall evaluate the additional information submitted by the offerors on the basis of the selection criteria stated in the request for qualifications and the results of any interview. The District may request additional information regarding demonstrated competence and qualifications, considerations of the safety and long-term durability of the project, the feasibility of implementing the project as proposed, the ability of the offeror to meet schedules, or costing methodology. Costing methodology means an offeror s policies on subcontractor markup, definition of general conditions, range of cost for general conditions, policies on retainage, policies on contingencies, discount for prompt payment, and expected staffing for administrative duties. The term does not include a guaranteed maximum price or bid for overall design or construction. Gov t Code (d) (e) The District shall rank each proposal submitted on the basis of the criteria set forth in the request for qualifications. Gov t Code (f) The District shall select the design-build firm that submits the proposal offering the best value for the District on the basis of the published selection criteria and on its ranking evaluations. The District shall first attempt to negotiate a contract with the selected firm. If the District is unable to negotiate a satisfactory contract with the selected firm, the District shall, formally and in writing, end all negotiations with that firm and proceed to negotiate with the next firm in the order of the selection ranking until a contract is reached or negotiations with all ranked firms end. Gov t Code (a) (c) Not later than the seventh day after the date the contract is awarded, the District shall make the proposal rankings public. Gov t Code (d) After selection of the design-build firm, that firm s architects or engineers shall submit all design elements for review and determination of scope compliance to the District or the District s architect or engineer before or concurrently with construction. Gov t Code DATE ISSUED: 10/17/ of 4 UPDATE 91 CVE(LEGAL)-P Page 80

86 Eagle Pass ISD FACILITIES CONSTRUCTION DESIGN-BUILD CVE (LEGAL) FINAL CONSTRUCTION DOCUMENTS PAYMENT OR PERFORMANCE BOND AMOUNT The design-build firm shall supply a set of construction documents for the completed project to the District at the conclusion of construction. The documents must note any changes made during construction. Gov t Code A payment or performance bond is not required and may not provide coverage for the design portion of the design-build contract with the design-build firm. [See CV for more information on payment and performance bonds] If a fixed contract amount or guaranteed maximum price has not been determined at the time the design-build contract is awarded, the penal sums of the performance and payment bonds delivered to the District must each be in an amount equal to the construction budget, as specified in the design criteria package. The designbuild firm shall deliver the bonds not later than the tenth day after the date the design-build firm executes the contract, unless the design-build firm furnishes a bid bond or other financial security acceptable to the District to ensure that the design-build firm will furnish the required performance and payment bonds before construction begins. Gov t Code DATE ISSUED: 10/17/ of 4 UPDATE 91 CVE(LEGAL)-P Page 81

87 Eagle Pass ISD FACILITIES CONSTRUCTION JOB ORDER CONTRACTS CVF (LEGAL) Job order contracting is a procurement method used for maintenance, repair, alteration, renovation, remediation, or minor construction of a facility when the work is of a recurring nature but the delivery times, type, and quantities of work required are indefinite. Gov t Code This policy applies only to a facility that is a building, the design and construction of which is governed by accepted building codes, or a structure or land, whether improved or unimproved, that is associated with a building. This policy does not apply to: 1. A highway, road, street, bridge, utility, water supply project, water plant, wastewater plant, water and wastewater distribution or conveyance facility, wharf, dock, airport runway or taxiway, drainage project, or related type of project associated with civil engineering construction; or 2. A building or structure that is incidental to a project that is primarily a civil engineering construction project. Gov t Code If the District uses the job order contracts method as described in this policy, it must comply with the applicable legal requirements in this policy as well as other applicable legal requirements [see CV(LEGAL)], which include the following steps: 1. SELECTING A CONTRACTING METHOD; 2. Giving PUBLIC NOTICE of the project; 3. Publishing CONTRACT SELECTION CRITERIA; 4. MAKING EVALUATIONS PUBLIC after the contract is awarded; and 5. Providing for INSPECTION, VERIFICATION, AND TESTING necessary for acceptance of the facility by the District. Education Code (g); Gov t Code ,.055,.056(a), (c),.058 Note: Terms in all capital letters, above, point to margin notes in the referenced policy. The District may award job order contracts for maintenance, repair, alteration, renovation, remediation, or minor construction of a facility if the work is of a recurring nature but the delivery times are indefinite and indefinite quantities and orders are awarded substantially on the basis of predescribed and prepriced tasks. The District DATE ISSUED: 10/16/ of 3 UPDATE 98 CVF(LEGAL)-P Page 82

88 Eagle Pass ISD FACILITIES CONSTRUCTION JOB ORDER CONTRACTS CVF (LEGAL) shall establish the maximum aggregate contract price when it advertises the proposal. The Board shall approve each job, task, or purchase order that exceeds $500,000. Gov t Code ESTABLISHING UNIT PRICES ADVERTISING AND OPENING PROPOSALS ARCHITECT OR ENGINEER AWARDING CONTRACTS The District may establish contractual unit prices for a job order contract by: 1. Specifying one or more published construction unit price books and the applicable divisions or line items; or 2. Providing a list of work items and requiring the offerors to propose one or more coefficients or multipliers to be applied to the price book or prepriced work items as the price proposal. Gov t Code The District may use the competitive sealed proposal method under Government Code Chapter 2269, Subchapter D for job order contracts. [See CVB] The District shall advertise for, receive, and publicly open sealed proposals for job order contracts. The District may require offerors to submit additional information in addition to rates, including experience, past performance, and proposed personnel and methodology. Gov t Code If a job order contract or an order issued under the contract requires architectural or engineering services that constitute the practice of architecture within the meaning of Occupations Code Chapter 1051 or the practice of engineering within the meaning of Occupations Code Chapter 1001, the District shall select or designate an architect or engineer to prepare the construction documents for the project. This requirement does not apply to a job order contract or an order issued under the contract for industrialized buildings or relocatable educational facilities subject to and approved under Occupations Code Chapter 1202 if the contractor employs the services of an architect or engineer who approves the documents for the project. Gov t Code [See CV] The District may award job order contracts to one or more job order contractors in connection with each solicitation of proposals. Gov t Code An order for a job or project under a job order contract must be signed by the District s representative and the contractor. The order may be: 1. A fixed-price, lump-sum contract based substantially on contractual unit pricing applied to estimated quantities; or DATE ISSUED: 10/16/ of 3 UPDATE 98 CVF(LEGAL)-P Page 83

89 Eagle Pass ISD FACILITIES CONSTRUCTION JOB ORDER CONTRACTS CVF (LEGAL) 2. A unit price order based on the quantities and line items delivered. Gov t Code CONTRACT TERM USE OF CONTRACT BONDS The base term for a job order contract may not exceed two years. The District may renew the contract annually for not more than three additional years. Gov t Code A job order contract may be used to accomplish work only for the district that awards the contract unless: 1. The solicitation for the job order contract and the contract specifically provide for use by other persons; or 2. The District enters into an interlocal agreement that provides otherwise. Gov t Code The contractor shall provide payment and performance bonds, if required by law, based on the amount or estimated amount of any order. Gov t Code [See CV for more information on payment and performance bonds] DATE ISSUED: 10/16/ of 3 UPDATE 98 CVF(LEGAL)-P Page 84

90 Eagle Pass ISD RENTING OR LEASING FACILITIES FROM OTHERS CX (LEGAL) DESIGN OR CONSTRUCTION OF AN INSTRUCTIONAL OR ATHLETIC FACILITY USE OF ATHLETIC FACILITIES MAINTENANCE TAX LEVY AUTHORIZATION ELECTION PROCEDURES The District and an institution of higher education, as defined by Education Code , located wholly or partially in the boundaries of the county in which the District is located, may contract for the District to contribute District resources to pay a portion of the costs of the design or construction of an instructional facility or a stadium or other athletic facilities owned by or under the control of the institution of higher education. The District may contribute District resources only if the District and the institution of higher education enter into a written agreement authorizing the District to use that facility. One or more independent school districts and an institution of higher education, as defined by Education Code , may contract for the District to contribute District resources to pay a portion of the costs of the design, improvement, or construction of an instructional facility owned by or under the control of the institution of higher education. The District may contribute District resources under this subsection only if the District and the institution of higher education enter into a written agreement authorizing the District to use that facility, including authorizing the enrollment of District students in courses offered at that facility. The Board may enter into a contract on behalf of the District with any corporation, or any city, or any state university or college located wholly or partially within its boundaries, for the use of any stadium and other athletic facilities owned by or under the control of the other entity. The contract may be for any period not exceeding 75 years and may contain terms agreed on by the parties. The District may enter into a contract for the use of athletic facilities for any purpose related to sports activities and other physical education programs for the students at the public schools of the District. The consideration for any contract under Education Code may be paid from any source available to the District; but, if voted, the Board may pledge to the payment of the contract an annual maintenance tax in an amount sufficient, without limitation, to provide all of the consideration. If so voted and pledged, the maintenance tax shall be assessed, levied, and collected annually in the same manner as provided by general law applicable to the District for other maintenance taxes. No maintenance tax shall be pledged to the payment of any contract under Education Code or assessed, levied, or collected unless an election is held and the tax is approved by a majority of the resident, qualified electors of the District, voting at said election. The election order shall state the date of the election, the DATE ISSUED: 2/12/ of 2 UPDATE 87 CX(LEGAL)-P Page 85

91 Eagle Pass ISD RENTING OR LEASING FACILITIES FROM OTHERS CX (LEGAL) proposition to be voted on, the polling places, and any other matters deemed advisable by the Board. Education Code DATE ISSUED: 2/12/ of 2 UPDATE 87 CX(LEGAL)-P Page 86

92 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING PROCEDURES Page 87

93 PURCHASING PROCEDURES MANUAL (PP000) I. PURPOSE To establish uniform procedures for the procurement of material and services that are consistent with the policies of the school district. II. SCOPE These procedures apply to all material and service procurement and related activities. III. GUIDELINE It is the responsibility of the Department of Purchasing and the Purchasing Director to direct the district s material management functions by obtaining and providing the best sources for the purchase of all equipment, supplies and services within the best time frame for all employees and students. Finally, the direct implementation of federal, state and district procurement laws will be the undertaking of the Purchasing Director. It is the individual responsibility of each employee involved in the procurement process to understand the policies, upon which procurements are based and the meaning and intent of the procedures themselves. If there are any questions or concerns relative to either the policies or procedures, or the ability of the employee to respond effectively to the requirements of these procedures, it will be the responsibility of the employee to bring such matters to the attention of his/her immediate supervisor without delay. The fundamental purpose of these procedures is not to restrict the performance of the individuals involved in the procurement, but to provide a foundation for effective, consistent, and complete method of operation with the expected result of fostering a positive, professional relationship between the school district and the suppliers who serve the district. Page 88

94 PURCHASING AUTHORITY (PP010) I. PURPOSE The purpose of this procedure is to delegate the authority to procure material and services with District funds in accordance with the adopted Board Policy. II. SCOPE This procedure applies to all the purchases of materials, equipment, supplies and services. III. GUIDELINE Without the express consent and written approval of the Superintendent or his designee, no district employee shall, without an approved purchase order provided by the District s Department of Purchasing: 1. Purchase supplies or materials for the District. 2. Charge the cost of any supplies, services, or materials to the District. 3. Purchase supplies or materials for personal use or for the use of a particular school or department. 4. Charge the cost of any supplies, services, or materials to the school. Students shall not be permitted to purchase items on behalf of the school or the District. Page 89

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96 CATEGORY I PRICE QUOTATIONS (PP020) I. PURPOSE The purpose of this procedure is to provide guidance for the regulations that apply to the purchase of supplies, equipment, and services that involve expenditures between $5,000 and $10,000 and are required to be supported by quotations whenever available and possible. II. SCOPE These regulations and procedures apply to all purchases between $5,000 and $10,000. III. REGULATIONS 1. Purchases of personal property or contracted services between $5,000 and $10,000 will require a minimum of two written (2) quotations. At least one of these quotations must be from a local vendor whenever available and whenever possible from the approved vendor s list. 2. When permissive bids or requests for proposals are taken, preference may be given to local vendors if the price and quality are substantially equal. 3. Contracts for the lease or rental of equipment, materials, or services may be negotiated without securing advertised sealed bids provided that: a. The title to the property does not or will not change hands at any time. b. None of the lease rental payments shall apply toward a later purchase, giving an advantage to the leasing company. Contracts for the lease or rental of equipment or materials where part or all of the payments may apply toward an eventual purchase shall be treated as actual purchases. All quotation procedures must be followed. The Superintendent must approve all contract services. Page 91

97 CATEGORY II PRICE QUOTATIONS (PP025) I. PURPOSE The purpose of this procedure is to provide guidance for the regulations that apply to the purchase of supplies, equipment, and services that involve expenditures between $10,000 and $50,000. II. SCOPE These regulations and procedures apply to all purchases between $10,000 and $49, in the aggregate for a twelve (12) month period. III. REGULATIONS 1. Purchases of personal property or contracted services between $10,000 and $49, will require a minimum of three (3) formal written quotations. At least one of the quotations must be from a local vendor (whenever available). 2. However, any single, budgeted purchase of goods or services that costs $20,000 or more, regardless of whether the goods or services are competitively purchased, shall require Board approval before a transaction may take place. 3. When permissive bids or requests for proposals are taken, preference may be given to local vendors if the price and quality are substantially equal. 4. Contracts for the lease or rental of equipment, materials, or services, may be negotiated without securing advertised sealed bids provided that: a. The title to the property does not or will not change hands at any time. b. None of the lease rental payments shall apply toward a later purchase, giving an advantage to the leasing company. c. Contract for the lease or rental of equipment or materials where part or all of the payments may apply toward an eventual purchase shall be treated as actual purchases. All quotations procedures must be followed. The Superintendent must approve all contract services. Page 92

98 CATEGORY II PRICE QUOTATIONS (PP025) IV. CATEGORY II PRICE QUOTATION PROCEDURES 1. Requisitioning The requisitioning party must furnish detailed specifications to the Department of Purchasing, along with its budget authorization and recommended sources. 2. Formal Price Quotation Form Preparation Upon approval of the request based on our fiscal year s budget, specifications will be finalized onto a formal price quotation form. 3. Solicitation of Formal Price Quotations The District may purchase items in accordance with the procedures dictated in Section of the Education Code. In the alternative, the school district may purchase those items in accordance with Sections (a) and (b) of the Education Code as dictated by the six (6) methods to purchase material in excess of $50,000 and by following the advertisement of solicitation procedures. 4. Advertisement and Notification For each 12-month period, the District shall publish a notice in two successive issues of a local paper, the categories of personal property projected to be procured throughout the year, and soliciting the names, addresses, and telephone numbers of vendors that are interested in the supply any of the categories to the District. 5. Solicitation For each category, the District shall create a vendor list consisting of each vendor that responds to the published bid notice and any other vendor the District elects to include. Before the District makes any purchase of personal property, it must obtain at least three (3) formal written price quotations from the vendors on the applicable list whenever available. 6. Formal Price Quotation Records The quotation records must be retained with the district s competitive bid records and may be subject to the district s annual financial audit. Page 93

99 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX (830) / FAX (830) PURCHASING@EAGLEPASSISD.NET QUOTATION QUOTATION NO. PLEASE QUOTE THE FOLLOWING BY: PRICES TO BE F.O.B. DESTINATION AND MUST BE EXTENDED The Eagle Pass Independent School District is accepting quotations for Quotes may be faxed to (830) or hand delivered to the Department of Purchasing no later than GENERAL TERMS AND CONDITIONS 1. This quotation is a firm offer which shall be irrevocable and open for acceptance for calendar days (60 calendar days unless otherwise specified) from the date set for submission of quotations. 2. Bidders are invited to be present at the opening of this quotation on the above date and hour. 3. Vendors may keep one copy of this quotation for their files. 4. Please use this form and/or attach a letter with further details if necessary. 5. Exclude all Federal and State Tax. 6. The right is reserved to accept or reject quotations on each item separately or as whole bid. Quotations received after time and date specified will be returned unopened. 7. Unless otherwise agreed to payment terms will be in accordance with the EPISD payment schedule after acceptance of delivery and/or receipt of correct invoice, whichever comes later. DELIVERY DATE/ TERMS AUTHORIZED REP. TITLE PHONE FAX SIGNATURE BUYER LUIS VELEZ, PURCHASING DIRECTOR Page 94

100 CATEGORY III COMPETITIVE PROCUREMENT (PP030) I. PURPOSE The purpose of this procedure is to provide guidance for the regulations that apply to the purchase of supplies, equipment, and services that involve expenditures over $50,000 and are required by board policy and law to be competitively procured. II. SCOPE These regulations and procedures apply to all purchases over $50,000 in the aggregate for each twelve (12) month period. Improvements or additions to real property require competitive bidding when the expected expenditure exceeds $10,000. III. REGULATIONS In accordance with Education Code and district policy all purchases of personal property or contracted services over $50,000 in the aggregate for each twelve (12) month period shall be made by one of the following methods. When bid or proposals are solicited preference may be given to local vendors if the price and quality are substantially equal. All bid and/or proposals must consist of the following items: General Terms and Conditions and Bid/Proposal Specifications, General Bid/Proposal Specifications, Invitation to Bid/Propose, Non-Collusion Statement, Felony Conviction Notice, Debarment and Suspension Certifying Statement, Deviation/Compliance Form, Out of State Certifying Statement, HUB Certifying Statement, Notice of No Bid/proposal Form, Certification of Criminal History Record Information, Notice to Vendors, and Bid/Proposal Specifications must accompany all competitive bid and/or proposals. In accordance with federal regulations, items for purchases obtained with federal funds shall be subject to the procedures and/or guidelines of the Types of Federal Compliance Requirements provided for in the Federal Circular A-133 Compliance Supplement. This will provide reasonable assurance that the procurement of goods and services are made in compliance with all pertinent provisions. IV. METHODS TO COMPETITIVELY BID/PROPOSAL All District contracts, except for the purchase of produce and fuel, shall be made by one of the following six (6) methods that provide the best value for the District: 1. Competitive bidding 2. Competitive sealed proposals 3. Request for proposals for services other than construction services 4. An interlocal contract 5. The reverse auction procedure as defined by Government Code (d). 6. The formation of a political subdivision corporation under Local Government Code Page 95

101 CATEGORY III COMPETITIVE PROCUREMENT (PP030) V. CATEGORY III PROCEDURES 1. Requisitioning The requisitioning party must furnish detailed specifications to the Department of Purchasing, along with its budget authorization and recommended sources of supply. 2. Bid/Proposal form Preparation Upon approval of the request based on the fiscal year's budget, the pertinent specifications will be finalized onto a bid/proposal form that shall be reviewed and approved by requisitioning party before advertising. 3. Advertisement and Notification The bid/proposal advertisement will then be prepared by the Department of Purchasing stating where documents, plans, or specifications may be examined or requested, the time and place for submitting bid/proposals, the time and place where the bid/proposals will be opened, and will be published in a local paper at least two weeks prior to the bid/proposal opening. Bid/proposal openings must be at least fifteen (15) days from the date of first publication. Bid/proposal due dates for construction projects must be at least opened no sooner than ten (10) days after the second advertisement. 4. Solicitation of Bids/Proposals Bid/Proposal requests shall be furnished to known suppliers on the district s bid/proposal list and to any suppliers requesting an opportunity to bid/propose. At least one of the bids/proposals must be from a local vendor (whenever available). Any vendor who fails to respond to a bid/proposal may be removed from the bid/proposal list. Suppliers may be re-added to the list by submitting their Vendor Application to the Department of Purchasing. 5. Bid/Proposal Deadline Bid/Proposals must be received by the time and date indicated on the bid/proposal form. Any bid/proposals received after the deadline specified will be returned unopened. Upon receipt, the bid/proposal must be logged in in the bid/proposal log sheet indicating date of receipt and name of company. 6. Bid/Proposal Opening Bidders are invited to be present at the opening of the bid/proposal on the date and hour specified. 7. Bid/Proposal Evaluation Upon evaluation of all submitted bid/proposals, the general practice shall be to accept the best value at the lowest possible price to the district. 8. Recommendation to the School Board A recommendation consisting of a memorandum, agenda item, and pertinent information regarding the bid/proposal/proposal shall be submitted to the school board for approval. Page 96

102 SEALED PROPOSAL No. DUE DATE: EAGLE PASS INDEPENDENT SCHOOL DISTRICT EAGLE PASS, TEXAS DEPARTMENT OF PURCHASING Page 97

103 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX GENERAL TERMS AND CONDITIONS 1.0 The workmanship and material specified in this bid/proposal shall be fully guaranteed for a minimum period of one (1) year from date of delivery and/or acceptance of work, unless otherwise stated in your bid/proposal. 2.0 The Eagle Pass Independent School District reserves the right to waive formalities and irregularities and to accept or reject the bid/proposal or each item thereunder separately. 3.0 OFFER PERIOD - This bid/proposal is a firm offer which shall be irrevocable and open for Acceptance for calendar days (60 calendar days unless otherwise specified) from the date of submission. A thirty (30) day minimum is required for school board approval. 4.0 The bid/proposal and any eventual award may not be assigned or any right thereunder transferred to a third party. 5.0 Bidder/proposer agrees to comply with all policies and regulations of the Eagle Pass Independent School District. 6.0 QUANTITY - It is understood and agreed that the Eagle Pass Independent School District reserves the right to increase or decrease quantities or modify conditions or specifications by mutual agreement with the selected vendor, both at the time of the acceptance of the bid/proposal offered as so modified, and subsequent thereto. 7.0 INDEMNITY - The contractor/vendor/service provider shall indemnify, defend and hold harmless the Eagle Pass Independent School District, its employees, officials, and representatives from any and all claims made, lawsuits filed, losses, costs (including but not limited to attorney s fees) or damages incurred as a result of contractor/vendor/service provider acts or omissions of any nature relating to a contract entered into as a result of a Request for Bids /Proposals/Qualifications. The District will not enter into any agreement requiring the District to indemnify a contractor, vendor, or service provider. 8.0 LEGAL VENUE -The contractor/vendor understands and agrees that venue for any litigation arising from this award or contract shall lie in the State District Courts of Maverick County, Texas, and any dispute shall be governed by the laws of the State of Texas. The District will not enter into any agreement requiring arbitration of disputes. Bidders/Proposers shall not disclose to any third party, information provided by the District in connection with this solicitation for bids/proposals. 9.0 PROPERTY TAXES - Bidder/Proposer affirms that it does not currently owe or is otherwise indebted to the Eagle Pass Independent School District for adjudicated delinquent property taxes. The Eagle Pass Independent School District reserves the right to reject a bid or a proposal if the Bidder/Proposer is currently indebted to the Eagle Pass Independent School District for delinquent taxes or to terminate a contract if the successful Bidder/Proposer subsequently becomes delinquent. The Eagle Pass Independent School District further reserves the right to deduct any delinquent taxes owed from payments that the Eagle Pass Independent School District may owe to the successful Bidder/Proposer under the awarded contract. Page 98 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 1 of 17

104 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX INCORPORATION OF TERMS INTO CONTRACT -The terms and conditions set out in any Request for Proposal/Bid/Qualifications including these general terms and conditions shall be made part of any contract entered into by the District with any Vendor, Contractor or Service Provider. A response to any Request for Proposal/ Bids/Qualifications indicates the responders binding agreement to the terms and conditions set out therein RELIEF - The District will not agree to any contract requiring waiver of any legal relief to which the District may be entitled CONTROLLING LANGUAGE - Despite any terms or provisions in any contract entered into by the District as a result of any Request for Proposal/ Bids/Qualifications, the language of the Request for Proposal/Bids/Qualifications shall be controlling and shall supersede any contrary language contained in any contract. GENERAL BID/PROPOSAL SPECIFICATIONS 1.0 The right is reserved by the Eagle Pass Independent School District to accept and/or reject bids/proposals on each item separately and/or as a whole bid/proposal. Bids/proposals received after the time and date specified will be returned unopened. 2.0 SUBMISSION - All bids/proposals must be signed and returned in an ENCLOSED opaque envelope or package. The opaque envelope or package must be clearly marked with the bidder s name, bid number, bid opening date, and time of bid opening on the outside of the envelope or package. Vendors are permitted to keep one copy of this bid/proposal for their files. Bidders/proposers must return all original documents that are required with their bid/proposal response. Failure to return any document or information requested as part of the response may result in the rejection of the entire bid/proposal. Bids/proposals or related communication submitted by facsimile will not be accepted. 3.0 BID/PROPOSAL OPENING - Bidders/Proposers are invited to be present at the opening of this bid/proposal on the date and hour specified. Bids/Proposals received unsigned by a representative of the company will not be considered. The only exception will be in instances where the bidder is present at the bid/proposal opening and agrees to sign the bid/proposal in the presence of other bidders of the same bid/proposal. 4.0 ADDENDUM - In the event that any changes to this bid/proposal occur subsequent to the mailing or other delivery of the original bid/proposal, the changes or corrections to this bid/proposal will be made by ADDENDUM, and any updated information contained in any ADDENDUM will be in addition to and may prevail over the information contained in the bid/proposal or any previous ADDENDUM. Each ADDENDUM must be acknowledged on the acknowledgement form provided with the ADDENDUM. Any required acknowledgement form must be submitted along with the submission of any bid/proposal response. 5.0 REQUIRED FORMS - All bidders/proposers must execute the forms INVITATION TO BID/PROPOSE, NON-COLLUSION STATEMENT, FELONY CONVICTION NOTICE, DEBARMENT AND SUSPENSION CERTIFICATE, CONFLICT OF INTEREST QUESTIONNAIRE, DEVIATION/COMPLIANCE FORM, OUT OF STATE CERTIFYING STATEMENT, HUB CERTIFYING STATEMENT, AND CERTIFICATION OF CRIMINAL HISTORY RECORD INFORMATION enclosed herewith for the bid/proposal to be considered. Page 99 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 2 of 17

105 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX WITHDRAWAL - The Eagle Pass Independent School District will consider a WRITTEN request from any vendor permitting the vendor to withdraw any bid/proposal submitted, but ONLY IN ITS ENTIRETY, and ONLY UNTIL THE DUE DATE AND TIME FOR SUBMISSION OF THE BID/PROPOSAL. A representative from the vendor submitting the bid/proposal that is authorized to enter into contracts on behalf of the vendor must sign the request to WITHDRAW, indicate their title on the request, and submit the request to the Eagle Pass Independent School District in a manner deemed satisfactory by the Eagle Pass Independent School District. No bid/proposal may be withdrawn after the date and time bids/proposals are due. If a vendor requests to withdraw a bid/proposal and the Eagle Pass Independent School District permits the WITHDRAWAL of the bid/proposal, the vendor may resubmit the bid/proposal or submit a new bid/proposal up until the due date and time for submission provided the new submission meets all the qualifications of the bid/proposal. All bids/proposals in the possession of the Eagle Pass Independent School District at the time bids/proposals are due shall be deemed final, conclusive, and irrevocable, and no bid/proposal shall be subject to withdrawal, amendment, or correction after the due date and time unless otherwise permitted by the Eagle Pass Independent School District during a subsequent negotiation process. The decision of the Eagle Pass Independent School District relating to any matters pertaining to bid/proposal withdrawal will be final. 7.0 BRAND NAMES AND CATALOG NUMBERS - The use of brand names and catalog numbers does not prohibit the substitution of other brands of equal or greater quality, unless no substitute or only is specified. All substitutions must meet or exceed specifications to be acceptable. The make, model, and description of all substitutions must be listed by specified item. FAILURE OF THE VENDOR TO COMPLY WITH THESE SPECIFICATIONS MAY, AT THE OPTION OF THE EAGLE PASS INDEPENDENT SCHOOL DISTRICT DISQUALIFY THAT PORTION, OR THE ENTIRE BID, FROM CONSIDERATION. 8.0 SELECTION CRITERIA - It is not the policy of the Eagle Pass Independent School District to award or purchase on the sole basis of low price alone. In awarding a contract, the Eagle Pass Independent School District may consider the following factors as well as those specifically listed in the bid/proposal: 8.1 The purchase price 8.2 The reputation of the vendor and of the vendor s goods and services 8.3 The quality of the vendor s goods or services 8.4 The extent the goods or services meet the Eagle Pass Independent School District s needs 8.5 The vendor s past relationship with the Eagle Pass Independent School District 8.6 Compliance with the laws and rules relating to Historically Underutilized Businesses (HUB) 8.7 The total long-term cost to the District 8.8 Any other relevant factors 9.0 PRODUCT INFORMATION - Complete warranty information and descriptive and/or illustrative literature covering the item(s) bided/proposed is to accompany the bid/proposal. All electrical items must meet all applicable OSHA standards and regulations, and must bear the appropriate listing from US, FMRC, NEMA, or UL Laboratories. Material Safety Data Sheets (MSDS) on chemicals or any other products customarily requiring MSDS Sheets must be provided for each order within the contract period. Additional MSDS Sheets must be provided in a timely manner at no charge upon request. Page 100 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 3 of 17

106 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX SAMPLES - Samples, when requested, must be furnished at no cost to the Eagle Pass Independent School District. If not destroyed during examination, they will be returned to the bidder/proposer on request and at the company s expense. Each sample, when requested, should be clearly marked with the bidder s name and item number on the bid/proposal. DO NOT ENCLOSE IN OR ATTACH BID/PROPOSAL TO SAMPLE REMOVAL FROM BID LIST - Failure to respond to this bid/proposal in writing may result in your removal from the bid list. Vendors must respond by submitting the NOTICE OF NO BID FORM provided with this bid/proposal AUTHORIZED PURCHASE - The successful bidder/proposer will not begin services or deliver product without a purchase order signed by an authorized representative of the Department of Purchasing. The Eagle Pass Independent School District will neither be responsible nor make payment for any goods delivered or services performed without a valid purchase order PACKAGING - Unless otherwise provided for on this bid/proposal, all products supplied under any contract resulting from this bid/proposal must be packaged in containers that are new and appropriately designed for the products involved, and sturdy enough to protect the products involved in loading, transit, unloading, and storage. Any products supplied under any contract resulting from this bid/proposal for which palletizing is appropriate must be delivered on standard forty-eight (48 ) inch four-way pallets in good and serviceable condition SHIPPING - All freight, delivery, and handling charges are the responsibility of the vendor and all prices must be quoted freight prepaid, F.O.B. destination, and shall include all freight, delivery and handling charges, including unloading and inside deliveries where required. Unless otherwise noted or unless prior approval has been obtained from the Eagle Pass Independent School District all deliveries shall be made between the hours of 8:00 a.m. through 11:30 a.m. and 1:30 p.m. through 4:00 p.m. Monday through Friday at the following address: 14.1 Eagle Pass Independent School District Central Receiving Warehouse 1654 Veterans Blvd. Eagle Pass, TX TAXES - The Eagle Pass Independent School District is a public jurisdiction that is exempt from federal, state, sales, excise, and use taxes. Tax exemption certificates will be provided by the Eagle Pass Independent School District upon individual requests from the vendor. Sales tax must not be included in any bid/proposal response or invoice submitted by any vendor unless failure to obtain a Tax Exemption Certificate from the Eagle Pass Independent School District has occurred INVOICES AND PAYMENT All invoices are to be sent to the Eagle Pass Independent School District Accounts Payable Department at 1420 Eidson Road, Eagle Pass, TX Invoices must be itemized and must include the purchase order number in order to be accepted. Payment owed by EPISD is not overdue until the 46 th day after the date of receipt of goods, performance of services, or proper receipt of invoice, whichever is later as per Texas Government Code The successful bidder must complete and provide Form W-9, Request for Taxpayer Identification Number and Certification, to the Eagle Pass Independent School District Accounts Payable Department. Page 101 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 4 of 17

107 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX INCENTIVES OR REWARD PROGRAMS Any and all incentives, rewards, awards or benefits entitled by a company or third party when using school district funding shall belong solely to the Eagle Pass Independent School District and not to any one person or agent or group of persons or agents from the Eagle Pass Independent School District. These incentives or rewards include but are not limited to any points, coupons, discounts, cash, credits, special offers, and additional free or discounted items accumulated or otherwise earned as a result from a business transaction between the Eagle Pass Independent School District and a vendor NON-APPROPRIATION - The award of a contract is dependent on the availability of funds. In the event sufficient funds are not appropriated, the contract or award may be terminated or the scope amended. Written notice will be given to the vendor of such termination or amendment, and there will be no penalty or other charge assessed against or incurred by the Eagle Pass Independent School District. The successful bidder/proposer shall be required to agree to non-appropriation language as follows: The obligation of the District to perform under this agreement shall be contingent upon the Board of Trustees of the District appropriating funds for this Agreement as of September 1st of each year in which this agreement is in effect. Should the District Board of Trustees fail to appropriate funds for this agreement then this agreement shall terminate. District shall notify Contractor in writing within five (5) days of any non-appropriation Nothing herein shall be construed as creating the relationship of employer or employee between the Eagle Pass Independent School District and the contractor/vendor or between the Eagle Pass Independent School District and the contractor s/vendor s employee. The contractor/vendor is an independent contract and nothing contained herein shall constitute or designate the contractor/vendor or any of his employees as employees of the Eagle Pass Independent School District The contractor/vendor understands and agrees that the above general bid/proposal specifications are terms and conditions of the contract between the Eagle Pass Independent School District and the contractor/vendor. These general bid/proposal specifications and terms and conditions shall control and govern in the event of any conflict with any other terms and conditions submitted by the contractor/vendor QUESTIONS - Any questions in regard to this bid/proposal must be directed to: 21.1 ADDRESS: Director of Purchasing Eagle Pass Independent School District 649 Webster Street Eagle Pass, Texas (830) FAX (830) ADDRESS: PURCHASING@EAGLEPASSISD.NET 22.0 DISQUALIFICATION - The District reserves the right to disqualify any bidder/proposer at the District s sole discretion. Page 102 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 5 of 17

108 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX BID/PROPOSAL PROCESS OVERVIEW 1.0 The bids/proposals are released to the potential bidders. 2.0 Deadline for submitting the Bids/Proposals. 3.0 The Eagle Pass Independent School District reviews all Bids/Proposals and selects the Bids/Proposals reasonably qualified for selection of award. 4.0 The Eagle Pass Independent School District and bidder(s) enter into discussions, negotiations, and revisions of Proposals as necessary. 5.0 A recommendation to the Eagle Pass Independent School District Board of Trustees for Bid/Proposal award. 6.0 The Bid/Proposal is executed with the successful bidder. Page 103 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 6 of 17

109 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX INVITATION TO BID/PROPOSE REPRESENTATIONS: By execution and submission of this bid/proposal, the undersigned authorized representative of the contracting company indicated below hereby represents and warrants to the Eagle Pass Independent School District as follows: 1. That said person is authorized to enter into contractual relationships on behalf of the contracting company indicated below, and 2. That said person has read and understands this Sealed Bid/Proposal, the accompanying General Terms and Conditions, General Bid/Proposal Specifications, and Proposal Form(s) and that this bid/proposal is made in accordance with the provided documents, and 3. That said person proposes to supply any products and/or services submitted under this Sealed Bid/Proposal at the prices quoted and provided and in strict compliance with the bid/proposal documents and 4. That if any part of this bid/proposal is accepted, said person and company will furnish all products and/or services awarded under this bid/proposal at the prices quoted and provided and in strict compliance with the bid/proposal documents and 5. That the Eagle Pass Independent School District or any representative or agent of the Eagle Pass Independent School District is authorized by the undersigned to contact any firm, institution, and/or person to obtain information about the firm s services, financial condition, and/or any other information Eagle Pass Independent School District may deem necessary. NAME OF COMPANY ADDRESS ADDRESS PRINTED NAME OF AUTHORIZED REPRESENTATIVE CITY, STATE, ZIP POSITION OR TITLE OF AUTHORIZED REPRESENTATIVE TELEPHONE AND FAX NUMBER OF AUTHORIZED REPRESENTATIVE SIGNATURE OF AUTHORIZED REPRESENTATIVE Page 104 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 7 of 17

110 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX NON-COLLUSION STATEMENT The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership, or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms, or conditions of said bid/proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. VENDOR ADDRESS PHONE AND FAX COMPANY OFFICIAL (PRINT NAME) POSITION WITH COMPANY COMPANY OFFICIAL AUTHORIZING THIS BID (SIGNATURE) Page 105 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 8 of 17

111 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX FELONY CONVICTION NOTICE State of Texas Legislative Senate Bill No. 1, Section , Notification of Criminal History, Subsection (a) states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or owner of operator of the business entity has been convicted of a felony. The notice must include a general description of the conduit resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. THIS NOTICE IS NOT REQUIRED OF A PUBLICLY HELD CORPORATION. I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. COMPANY NAME: (PRINT OR TYPE) AUTHORIZED COMPANY OFFICIAL S NAME: (PRINT OR TYPE) **SIGN ONLY A, B, OR C** A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. SIGNATURE OF COMPANY OFFICIAL B. My firm is not owned nor operated by anyone who has been convicted of a felony. SIGNATURE OF COMPANY OFFICIAL C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. Details of Conviction: SIGNATURE OF COMPANY OFFICIAL Page 106 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 9 of 17

112 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX DEBARMENT AND SUSPENSION CERTIFYING STATEMENT In accordance with Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section the contracted certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or Agency. The Eagle Pass Independent School District hereby agrees to abide by the aforementioned terms and conditions. VENDOR NAME ADDRESS TELEPHONE NUMBER FAX NUMBER COMPANY OFFICIAL (PRINT NAME) POSITION WITH COMPANY COMPANY OFFICIAL (SIGNATURE) Page 107 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 10 of 17

113 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX DEVIATION/COMPLIANCE FORM The Eagle Pass Independent School District respectfully requests that if the undersigned bidder/proposer intends to deviate from the General Terms and Conditions, General Bid/Proposal Specifications or Bid/Proposal Specifications listed in this invitation to bid/propose, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The Eagle Pass Independent School District shall consider any deviations in its bid/proposal award decisions, and the Eagle Pass Independent School District reserves the right to accept or reject any bid/proposal based upon any deviations indicated below or in any attachments and/or inclusions. In the absence of any deviation entry on this form, the bidder/proposer assures the Eagle Pass Independent School District of their full compliance with the General Terms and Conditions, General Bid/Proposal Specifications, Bid/Proposal Specifications and all other information pertinent and contained in this bid/proposal. DEVIATIONS (Check One) YES (please list below) NO List any and all deviations submitted by your company below (if additional space is required please provide attachments): NAME OF COMPANY PRINTED NAME OF AUTHORIZED REPRESENTATIVE ADDRESS POSITION OR TITLE OF AUTHORIZED REPRESENTATIVE CITY, STATE, ZIP SIGNATURE OF AUTHORIZED REPRESENTATIVE TELEPHONE AND FAX NUMBER OF AUTHORIZED REPRESENTATIVE Page 108 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 11 of 17

114 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX OUT OF STATE CERTIFYING STATEMENT As defined by Texas House Bill 602, a NONRESIDENT BIDDER means a bidder whose principal place of business is not in the State of Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. (Check One) I certify that my company is a RESIDENT BIDDER. COMPANY NAME ADDRESS CITY STATE ZIP CODE I certify that my company qualifies as a NONRESIDENT BIDDER Indicate the following information for your RESIDENT STATE (State principal place of business is located in): COMPANY NAME & ADDRESS CITY, STATE, ZIP CODE 1. Does your RESIDENT STATE require bidders whose principal place of business is in the State of Texas to underbid bidders whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ( RESIDENT STATE means the state in which the principal place of business is located) YES NO 2. What is the prescribed amount or percentage? $ or % CERTIFICATION: I certify that the information provided above is correct. SIGNATURE OF AUTHORIZED REPRESENTATIVE NAME AND TITLE Page 109 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 12 of 17

115 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CERTIFYING STATEMENT Bidding/Proposing companies that have been certified by the Texas Building and Procurement Commission (TBPC) as Historically Underutilized Business (HUB) entities are encouraged to indicate their HUB status when responding to this bid/proposal. (Check One) I certify that my company has been certified by the Texas Building and Procurement Commission (TBPC) as a Historically Underutilized Business (HUB), and I have attached a copy of our HUB Certification to this form. (Please provide documentation for recognition as a HUB). My company has NOT been certified by the Texas Building and Procurement Commission (TBPC) as a Historically Underutilized Business (HUB). NAME OF COMPANY PRINTED NAME OF AUTHORIZED REPRESENTATIVE ADDRESS POSITION OR TITLE OF AUTHORIZED REPRESENTATIVE CITY, STATE, ZIP SIGNATURE OF AUTHORIZED REPRESENTATIVE TELEPHONE AND FAX NUMBER OF AUTHORIZED REPRESENTATIVE Page 110 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 13 of 17

116 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX NOTICE OF NO BID FORM Dear Vendor: If at this time your company will be submitting a NO BID for this bid/proposal please check the appropriate box below, complete the remainder of this form, and only return this form to the address listed below PRIOR to the scheduled DATE and TIME. Our company cannot provide the products, supplies, and or/services listed in this request. Please MOVE our name and address to the following category(ies) so that we may bid at a later date. Category(ies): We have chosen NOT to submit a bid/proposal at this time but would like to remain on your list for this category. We did not submit a bid/proposal because: Reason(s): Please REMOVE our name from all Eagle Pass ISD lists until further notice. Reason(s): COMPANY NAME: ADDRESS AND PHONE: NAME & NUMBER OF BID/PROPOSAL: AUTHORIZED REPRESENTATIVE (PRINT): AUTHORIZED SIGNATURE: Please mail this form to: EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING NOTICE OF NO BID 649 WEBSTER ST. EAGLE PASS, TX VENDORS WHO RESPOND TO THIS INVITATION WITH A COMPLETED BID/PROPOSAL FORM WILL REMAIN ON OUR MAILING LIST. VENDORS MAKING NO RESPONSE AT ALL MAY BE REMOVED FROM THAT LISTING. Page 111 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 14 of 17

117 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX CERTIFICATION OF CRIMINAL HISTORY RECORD INFORMATION Each Texas public school district must receive certification from any entity with which it contracts to provide services regarding the fact that the entity has obtained the following for all employees who have or will have continuing duties related to contracted services; and have direct contact with students before employing or immediately after employing or securing the services of the individual: (1) A name-based criminal history background check on all employees hired before January 1, 2008; (2) A national criminal history record information review on all employees hired on or after January 1, 2008, which may include fingerprints and photographs. Continuing duties related to contracted services work duties that are performed pursuant to a contract to provide services to a school district on a regular, repeated basis rather than infrequently or one time only. Direct contact with students The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. Contact with students that results from services that do not provide the opportunity for unsupervised interaction with an individual student, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides the opportunity for unsupervised contact with students such as, without limitation, the provision of individualized coaching, tutoring, or other services. 19 TAC The required criminal history record information can be obtained from either of the following: A law enforcement or criminal justice agency A private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) The school district may not allow any employee of the entity or an individual to serve at the district if information obtained through this review verifies that the employee has been convicted of one of the following and at the time of the offense the victim was under 18 years of age or was enrolled in a public school: (1) A Title 5 felony offense; (2) An offense requiring the individual to register as a sex offender; or (3) An offense under the laws of another state or federal law that is equivalent to a Title 5 felony in the state of Texas or that would require registration in the Texas sex offender databank. Name of Contracting Entity or Individual: Type of service to be performed on school campus: Page 112 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 15 of 17

118 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX On behalf of the above-named contracting entity or individual, I hereby certify the following (Check One): No employees, including myself, have continuing duties related to the contracted services and/or will have direct contact with students; therefore, I/we do not have any covered employees and no criminal background check is required. All employees, including myself, who have continuing duties related to the service(s) to be performed at the District and who also have direct contact with students have undergone the required criminal history background check (employed before January 1, 2008) or national criminal history record information review, which may include fingerprints and photographs (employed on or after January 1, 2008) and that no prohibited contact as described herein was revealed. I have attached a list of employees, including myself, who have or will have continuing duties related to the contract and who will have direct contact with students. None of these individuals has a reported criminal history that would render the employee ineligible for service at a Texas public school district. Upon request, I will make available for the District s inspection the criminal history record information of any covered employee. I will notify the District within three business days if I receive information that a covered employee has been convicted of a criminal offense that would render the individual ineligible for service at a Texas public school district under state law. I agree that if the district objects to the assignment of a covered employee to the district, on the basis of the covered employee s criminal history record information, I will discontinue such assignment, or my contract with the District may be terminated. SIGNATURE OF PERSON DOING BUSINESS WITH THE GOVERNMENTAL ENTITY DATE Page 113 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 16 of 17

119 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX PHONE FAX To Whom It May Concern: NOTICE TO VENDORS Thank you for the submission of your bid or proposal to the Eagle Pass Independent School District. The District understands and appreciates all of the efforts undertaken in the preparation and submission of a bid or proposal. It is the intent of this administration to conduct a fair and impartial evaluation of these bids or proposals with an emphasis on determining the best value for the District at the lowest possible price. Essential to an impartial objective analysis is that it not be subjected to extraneous influences. The District requests and appreciates that no efforts be undertaken by vendors to independently contact the District s evaluation team for this bid or proposal with the purpose of seeking an unfair advantage. As a matter of fairness, this is necessary in order to provide due and proper consideration to each and every bid or proposal. This request also extends to contact, communications, and/or interactions with the members of the School Board. Independent communications with the Trustees by vendors puts the administration and the Trustees in a very difficult position. It is our experience that such advocacy efforts result in members receiving non-objective information that can result in confusion during the competitive procurement process. The Texas Education Agency (TEA) and State law require a strict delineation of roles by the Board and the Administration. It is the Board s role to consider as a whole the recommendation(s) of the administration and vote upon those recommendation(s). When vendors contact school board members independently, it facilitates the crossing over of those clearly defined and legally required roles of the Board and the Administration. This can result in legal issues and most certainly a compromise in the integrity of the entire bid or proposal process. Please be advised that this administration will not favorably receive any evidence that a vendor has contacted the District staff or members of the Board in an effort to seek an unfair advantage. We anticipate your cooperation in maintaining the integrity of the competitive procurement process and thank you in advance for such efforts. Respectfully, Eagle Pass Independent School District Business and Finance Department Page 114 The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age or national origin in its educational programs, activities or employment as required by Title IX, Section 504 and Title VI. General Terms and Conditions: Page 17 of 17

120 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section (1-a) with a local governmental entity and the vendor meets requirements under Section (a). FORM CIQ OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section (a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section , Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 3 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section (a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section (a)(2)(B), excluding gifts described in Section (a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission Page 115 Revised 11/30/2015

121 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code (1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code (a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code (a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section (a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section (a)(2)(B), excluding any gift described by Section (a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission Page 116 Revised 11/30/2015

122 Instructions to file Form 1295 Certificate of Interested Parties 1. Please follow all requirements as prescribed by the Texas Ethics Commission to correctly file Form As per the Texas Ethics Commission, form 1295 must be filed electronically at the web site below: 2. Use the following information to complete the Form 1295: a. Agency/Entity Name: Eagle Pass I.S.D. b. Contract ID Number: Use the Bid/Proposal Number that you are responding to. c. Description of Goods and Services to be provided: Use the Bid/Proposal Title that you are responding to. 3. Complete and Submit Form 1295 electronically and print to obtain certificate number. 4. Sign and notarize printed Form 1295 with certificate number. 5. Mail back to Eagle Pass I.S.D. with your bid/proposal the signed and notarized printed Form 1295 with certificate number. Page 117

123 1/6/ Information Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill Filing Process: By January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract. The governmental entity or state agency must notify the commission, using the commission s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. Information regarding how to use the filing application will be available on this site by January 1, Additional Information: HB 1295 Certificate of Interested Parties (Form 1295) New Chapter 46, Ethics Commission Rules: Application Definitions Disclosure of Interested Parties Form Page Info.htm 1/2

124 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1-4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. AFFIX NOTARY STAMP / SEAL ABOVE Signature of authorized agent of contracting business entity Sworn to and subscribed before me, by the said, this the day of, 20, to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath ADD ADDITIONAL PAGES AS NECESSARY Page 119 Form provided by Texas Ethics Commission Adopted 10/5/2015

125 Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner. Other (see instructions) 5 Address (number, street, and apt. or suite no.) 6 City, state, and ZIP code 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) Requester s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Part II Certification Social security number or Employer identification number Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: Form 1099-INT (interest earned or paid) Form 1099-DIV (dividends, including those from stocks or mutual funds) Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) Form 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) Date Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) Form 1099-C (canceled debt) Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No X Form W-9 (Rev ) Page 120

126 Form W-9 (Rev ) Page 2 Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: An individual who is a U.S. citizen or U.S. resident alien; A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; An estate (other than a foreign estate); or A domestic trust (as defined in Regulations section ). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called backup withholding. Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), Page The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or doing business as (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a disregarded entity. See Regulations section (c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, Business name/disregarded entity name. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

127 Form W-9 (Rev ) Page 3 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the Limited Liability Company box and enter P in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the Limited Liability Company box and in the space provided enter C for C corporation or S for S corporation. If it is a single-member LLC that is a disregarded entity, do not check the Limited Liability Company box; instead check the first box in line 3 Individual/sole proprietor or single-member LLC. Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1 An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2 The United States or any of its agencies or instrumentalities 3 A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4 A foreign government or any of its political subdivisions, agencies, or instrumentalities 5 A corporation 6 A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7 A futures commission merchant registered with the Commodity Futures Trading Commission 8 A real estate investment trust 9 An entity registered at all times during the tax year under the Investment Company Act of A common trust fund operated by a bank under section 584(a) 11 A financial institution 12 A middleman known in the investment community as a nominee or custodian 13 A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to Barter exchange transactions and patronage dividends Payments over $600 required to be reported and direct sales over $5,000 1 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 Generally, exempt payees 1 through 5 2 Exempt payees 1 through 4 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with Not Applicable (or any similar indication) written or printed on the line for a FATCA exemption code. A An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B The United States or any of its agencies or instrumentalities C A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section (c)(1)(i) E A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section (c)(1)(i) F A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G A real estate investment trust H A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I A common trust fund as defined in section 584(a) J A bank as defined in section 581 K A broker L A trust exempt from tax under section 664 or described in section 4947(a)(1) M A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner s SSN (or EIN, if the owner has one). Do not enter the disregarded entity s EIN. If the LLC is classified as a corporation or partnership, enter the entity s EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at You may also get this form by calling Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling TAX-FORM ( ). If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write Applied For in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering Applied For means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Page 122

128 Form W-9 (Rev ) Page 4 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. Other payments include payments made in the course of the requester s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account or, account) if combined funds, the first individual on the account 1 3. Custodian account of a minor The minor 2 (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor-trustee 1 trust (grantor is also trustee) b. So-called trust account that is The actual owner 1 not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner 3 entity owned by an individual 6. Grantor trust filing under Optional The grantor* Form 1099 Filing Method 1 (see Regulations section (b)(2)(i) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity 4 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form Association, club, religious, The organization charitable, educational, or other taxexempt organization 11. Partnership or multi-member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section (b)(2)(i) (B)) 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person s number must be furnished. 2 Circle the minor s name and furnish the minor s SSN. Page You must show your individual name and you may also enter your business or DBA name on the Business name/disregarded entity name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2. *Note. Grantor also must provide a Form W-9 to trustee of trust. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: Protect your SSN, Ensure your employer is protecting your SSN, and Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at or submit Form For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at or TTY/TDD Protect yourself from suspicious s or phishing schemes. Phishing is the creation and use of and websites designed to mimic legitimate business s and websites. The most common act is sending an to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via s. Also, the IRS does not request personal detailed information through or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at You can forward suspicious s to the Federal Trade Commission at: spam@uce.gov or contact them at or IDTHEFT ( ). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.

129 REQUEST FOR PROPOSAL NO. EAGLE PASS INDEPENDENT SCHOOL DISTRICT DATE RECEIVED TIME RECEIVED COMPANY NAME RECEIVED BY Page 124

130 DEPARTMENT OF INFORMATION RESOURCES (DIR) PURCHASES (PP035) I. PURPOSE To establish a best practice guideline for the purchase of computer and technology hardware, software, and services through the Department of Information Resources (DIR). II. SCOPE This procedure applies to all DIR Purchases. III. PROCEDURES 1. Definition Request for Offer (RFO) A document issued to vendors in order to obtain information and facilitate a negotiation through the DIR purchase procedure. 2. Identify the Need Specific goals should be defined at the beginning of the project or technology acquisition process. 3. Prepare the RFO Form Upon approval of the request based on our fiscal year s budget, the specifications will be clearly and accurately described on this form indicating the goods and/or services to be purchased by the district. 4. Identify the Potential Vendors a. At least three (3) vendors should be selected to receive the Request for Offer (RFO). b. If a vendor declines to be included and the total number of vendors falls below three (3) another vendor should be selected. c. Factors that may influence the selection of vendors and/or products shall include applicable law, industry reputation, HUB status, recommendations of professional technical consultants, user recommendations, and specifications. Page 125

131 DEPARTMENT OF INFORMATION RESOURCES (DIR) PURCHASES (PP035) 5. Contact Vendors a. Selected vendors should be provided with a written copy of the requirements or specifications and advised that the RFO is an interactive process. 6. Receive Responses 7. Evaluation of Responses 8. Selecting the Best Value b. Vendors may be contacted via mail, , fax, or in person. These contact methods shall remain consistent throughout the process. c. All offers must consist of the following items: General Terms and Conditions and Request For Catalog Offer Specifications, Invitation to Offer, Non-Collusion Statement, Felony Conviction Notice, Debarment and Suspension Certifying Statement, Deviation/Compliance Form, Out of State Certifying Statement, HUB Certifying Statement, Notice of No Offer Form, Certification of Criminal History Record Information, Notice to Vendors, and Request For Offer Specifications must accompany all request for offers. a. A deadline specifying date and time must be set for all vendors to respond. b. Any responses received after the specified date and time shall not be accepted and shall be returned to the vendor. c. If a change in the deadline occurs all vendors shall be notified via the same medium of communication. a. Vendors shall clarify missing and/or confusing information. b. Negotiations should take place, if necessary, to insure that the selection price is lower than the published prices, terms, and conditions in the catalogs. c. Factors that may influence the selection of vendors and/or products shall include applicable law, industry reputation, HUB status, recommendations of professional technical consultants, user recommendations, and specifications. a. Appropriate confidentiality and records shall be maintained that document the evaluation and selection process. b. All open-ended purchases will require a continuation on the negotiation of prices and terms with the successful vendor. Page 126

132 REQUEST FOR OFFER No. DUE DATE: EAGLE PASS INDEPENDENT SCHOOL DISTRICT EAGLE PASS, TEXAS DEPARTMENT OF PURCHASING Page 127

133 COOPERATIVE PURCHASING (PP040) I. PURPOSE To establish a guideline for purchasing through an interlocal agreement/contract or purchasing cooperative. II. SCOPE This applies to all purchases from an interlocal agreement/contract or purchasing cooperative for the purpose of increasing efficiency and effectiveness. III. GUIDELINE a. Definition Cooperative purchasing involves one district participating with either other districts or governmental entities including state agencies to acquire goods and services. Participation in a cooperative purchasing program shall satisfy any law requiring the District to seek competitive bids. b. District Responsibilities 1. Ensure a resolution to participate in the Cooperative is approved by the school board each fiscal year. 2. The District annual membership fees, if necessary, are paid to the cooperative in a timely manner. 3. The District will designate a district employee to serve as a liaison between the District and the Cooperative. 4. The District prepares the purchase orders addressed to the Cooperative or the directly to the vendor and ensures timely payments to vendors. c. Benefits of Cooperative Purchasing 1. Cost savings on products and services - A cooperative purchasing arrangement can increase the buying power of a single district with volume discounts. 2. Savings on administrative costs - A cooperative arrangement can reduce administrative costs relating to performing the purchasing function. 3. Accessibility to more products and services A cooperative may provide district the opportunity to buy a greater variety of products and services. Page 128

134 QUOTATION AND BID AWARDS (PP045) I. PURPOSE To establish a firm basis and criteria for the award of quotations and bids. II. SCOPE These guidelines shall apply to all purchases over $5,000. III. GUIDELINE a. General Practice 1. The general practice of the administration shall be to accept the best bid/proposal or price quotation as submitted when the proposals have been submitted as specified and on equal product standards. 2. At least one quotation or bid must be from a local vendor (whenever available). When price and quality are essentially equal, preference may be given to local vendors over other bidders. b. Tie Bids 1. If the District receives two or more bids from responsible bidders that are identical, in nature and amount, as the lowest and best bids, it shall select only one bidder from the identical bids. 2. If only one of the bidders submitting identical bids is a resident of the District, that bidder shall be selected. If two or more such bidders are residents of the District, one shall be selected by a casting of lots. In all other cases, one of the identical bids shall be selected by the casting of lots. 3. The Board shall prescribe the manner of casting lots and shall be present when lots are cast. c. No Bid Response 1. Failure to consecutively respond to two or more bids may result in the vendor's name being removed from the bid list. IV. FACTORS TO CONSIDER IN AWARDING A BID a. In awarding a contract, the District may consider: 1. The purchase price; 2. The reputation of the vendor and of the vendor s goods and services; 3. The quality of the vendor s goods or services; 4. The extent to which the goods or services meet the District s needs; 5. The vendor s past relationship with the District; 6. Compliance with the laws and rules relating to Historically Underutilized Businesses (HUB); 7. The total long-term cost to the District; 8. Any other relevant factors Page 129

135 PREPARATION OF PURCHASE ORDERS (PP050) I. PURPOSE To establish a procedure for the issuance of a formal purchase order. II. SCOPE This procedure applies on a District wide basis. III. PROCEDURE a. Preparation of a Purchase Order Each campus or department must prepare their own request. All requests must be entered onto the Online Purchase Order System as these will become an actual contract to purchase material supplies, and services as requested. Please use the following guidelines when preparing a request: 1. User ID and Password Enter the assigned User ID and password. 2. VENDOR select the proper name and for the recommended vendor. 3. BID NUMBER Indicate and select pertinent bid number for vendor and request. 4. DISCOUNT Provide when available the corresponding discount percentage. 5. FREIGHT - Whenever applicable state approximate freight charges. 6. DESCRIPTION OF MATERIAL - Be specific and detailed. State any manufacturers or vendors identification number. Note any size, shapes, or colors desired. 7. QUANTITY ORDERED - State the number of items desired. 8. UNIT OF ISSUE State the corresponding unit of issue (i.e. each, dozen, pair, pack, roll, gross, etc.) 9. UNIT PRICE - State the corresponding unit price 10. TOTAL Review that the total item number price horizontally so that the quantity ordered column is multiplied by the unit price column. 11. TOTAL ORDER Total amount is calculated by the system. 12. ACCOUNT NUMBER - Type in the proper account number in the space provided. If using multiple account numbers, type in the account number and THEN type in total amount charged to that particular account number. 13. MULTIPLE PAGES The system will create multiple pages. 14. PURCHASE ORDER RATIONALE- A rationale for the request must accompany all purchase requests. 15. ENCUMBRANCES AND PAYMENT - All purchases orders will be encumbered at the Department of Purchasing and paid at the Accounting Office. The maximum allowable price increase tolerance is $50.00 on the total amount. Any reencumbrance necessary as a result of price increases above $50.00 will be performed upon approval from the appropriate Principal, Coordinator, or Director. Any increases above $20.00 which are in-line for payment will also require the appropriate Principal, Coordinator, Director s approval and subsequently forwarded for payment. Any responses to price increase which add any additional account numbers must be pre-approved by the Budget Officer. Page 130

136 PREPARATION OF PURCHASE ORDERS (PP050) b. Approval Process 1. After the purchase request has been entered and reviewed, it is ready to be submitted for approval. 2. The campus/department principal, coordinator, or director must approve the request and forward the complete request in accordance with established procedure for the pertinent fund. 3. All capital outlay purchases will require approval from the Deputy Superintendent for Business and Finance and the Superintendent prior to the assignment of inventory bar-code and purchase order numbers. 4. All requests for capital outlay must indicate the designated room number where the capitalized item(s) will be kept and must be stated on the purchase request. 5. When all necessary budget authorizations are obtained, the request will be sent to the Department of Purchasing. 6. Upon all budget authorizations fulfilled, the request will be evaluated at the Department of Purchasing. At which time the originator of the request and the corresponding supervisor will be advised, if necessary, if the request will require formal price quotations and/or competitive bids/proposals based on the purchase amount and type of request. 7. At the Department of Purchasing, the purchase request will be reviewed and assigned a purchase order number, vendor number, Purchase Order Date, and cancellation date of approximately two (2) months from the Purchase Order date for out of town vendors and fifteen (15) days for local vendors. All CONFIRMATION ONLY, PESONNEL WILL PICK-UP purchase requests will be assigned a two (2) week cancellation date. 8. The purchase request is now a bona-fide purchase order. Disapproved requests will be returned to the campus or department. Approved requests will be sent by mail or faxed to the appropriate vendor. c. Distribution Process The following is a breakdown of where the various copies of a purchase order are sent upon final and proper approval. 1. Part No. 1 to Vendor (White copy) 2. Part No. 2 to Accounts Payable (Pink copy) 3. Part No. 3 to Central Receiving Warehouse (Yellow copy) Page 131

137 EAGLE PASS INDEPENDENT SCHOOL DISTRICT DEPARTMENT OF PURCHASING REQUEST FOR ONLINE PURCHASE ORDER ACCESS CAMPUS/DEPT. 1. First Name: 2. Last Name: 3. *District User Name: 4. Last 4 digits of your Social Security: EMPLOYEE SIGNATURE DATE ASST. SUPT./EXECUTIVE DIRECTOR/DIRECTOR/COORDINATOR/PRINCIPAL DATE SIGNATURE FOR DEPARTMENT OF PURCHASING USE ONLY USER ID: PASSWORD: APPROVED: *IF THE EMPLOYEE DOES NOT HAVE AN USER ID PLEASE CONTACT THE TECHNOLOGY DEPARTMENT BEFORE COMPLETING THIS FORM. Page 132 Rev. 9/06

138 REQUIRED CERTIFICATION OATH: I certify and acknowledge that I have read the Policy Requirements for the use of the School District s On-Line Purchase Order System. I also acknowledge that approving Purchase Order Request(s) or accessing the On-line Purchasing System by using another employee s USER ID/PASSWORD is inappropriate and is considered tampering with the school district s financial records and fraudulent use of the On-Line Purchasing System; and, this will not be tolerated and will result in disciplinary action, including termination of employment. Organization Code: Campus/Department: Print Name: Employee Position: Employee Signature: DATE: This Form must be submitted to the PURCHASING DEPARTMENT by all employees who have been assigned a USER ID and PASSWORD for the use of the On-Line Purchasing System. Page 133

139 2/10/2016 EPISD Online Purchase Order System (OPOS) OPOS Login Information User ID: Password: Submit Reset OPOS Page /1

140 2/10/2016 EPISD Online Purchasing System (OPS) Purchasing Wednesday, February 10, 2016 Welcome, Luis Velez Purchasing Pending P.O. Requests to Approve! Date: 02/10/2016 Time: 01:57:27 PM Requested By: Luis Velez Campus: Purchasing Vendor: Bid Number: Bid Tabulations Discount %: Shipping Costs SUBMIT RESET Created by: Sonny L. Snyder Page new.phtml?action=new&user=lvelez&campus=728 1/1

141 2/10/2016 EPISD Online Purchasing System (OPS) Purchasing Wednesday, February 10, 2016 Welcome, Luis Velez Purchasing Pending P.O. Requests to Approve! Date: Time: Requested By: Campus: Vendor: Bid: P.O. Request # This is not a valid P.O. 02/10/ :58:46 PM Luis Velez Purchasing DELL MARKETING, L.P. Technology Devices Created by: Sonny L. Snyder webmaster@eaglepassisd.net Page new.phtml 1/1

142 2/10/2016 EPISD Online Purchasing System (OPS) Purchasing Wednesday, February 10, 2016 Welcome, Luis Velez Purchasing Pending P.O. Requests to Approve! Enter Item(s) P.O. Request # Request Total: $0.00 Description of Item Quantity Unit Unit Price Extended Price Insert Created by: Sonny L. Snyder Page new.phtml?action=newitemsc&user=lvelez&campus=728&porequestnum=115915&ship=&dis= 1/1

143 2/10/2016 EPISD Online Purchasing System (OPS) Purchasing Wednesday, February 10, 2016 Welcome, Luis Velez Purchasing Pending P.O. Requests to Approve! Enter Account Number(s) P.O. Request # Request Total: $0.00 Fund Function Object SubObj Org Year Intent Amount Insert Created by: Sonny L. Snyder Page new.phtml?user=lvelez&campus=728&action=addfundsc&itempass=1&porequestnum=115915&resubmit=&ship=&dis= 1/1

144 2/10/2016 EPISD Online Purchasing System (OPS) Purchasing Wednesday, February 10, 2016 Welcome, Luis Velez Purchasing Pending P.O. Requests to Approve! P.O. Request # THIS IS NOT A VALID PURCHASE ORDER Submitted: 02/10/ :57:27 PM Submitted By: Luis Velez Campus: Purchasing Vendor: DELL MARKETING, L.P. (12039) Tech Vendor: Yes Bid: Technology Devices (163209) Description of Item Quantity Unit Unit Price Extended Price Discount $0.00 Shipping $0.00 Total Amount $0.00 Fund Function Object SubObj Org Year Intent Amount Account INVALID Insert Insert Total Rationale: Forward Request for Approval to: Please Select Submit Request Created by: Sonny L. Snyder webmaster@eaglepassisd.net Page new.phtml?user=lvelez&campus=728&action=detail&reviewsc=1&porequestnum=115915&order=115915&fundorg=000&re 1/1

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148 A. PURCHASE ORDER REQUESTS (P.O.'S) 1) NO PURCHASES MAY BE MADE WITHOUT A P.O., AS PER BOARD POLICY CH, PURCHASING PROCEDURES PP010 AND PP065, AND TEA PURCHASING GUIDELINES 2) REIMBURSEMENTS TO EMPLOYEES FOR PURCHASES WILL NOT BE PROCESSED. 3) ALL P.O.'S FOR FIXED ASSETS (6600'S), FURNITURE (6395) & CONTROL ITEMS (6396) REQUIRE A RATIONALE & THE ROOM NUMBER INDICATING THE LOCATION OF THE ITEM(S). 4) MUST BE SUBMITTED FIVE (5) WORKING DAYS IN ADVANCE. SCENARIO 1: PURCHASE ORDERS WITH 199 M&O FUNDING "PHASE 1a" "PHASE 1" "PHASE 1b" INSTRUCTIONAL TECH. COORDINATOR INFO. TECH. DIRECTOR IF INSTRUCTIONAL TECHNOLOGY HARDWARE/ SOFTWARE ONE SIGNATURE REQUIRED: PRINCIPAL, DIRECTOR OR COORDINATOR* "PHASE 2" INFO. TECH. DIRECTOR IF NON-INSTRUCTIONAL TECHNOLOGY HARDWARE/ SOFTWARE ONE SIGNATURE REQUIRED: ASST. SUPT. OR EXECUTIVE DIRECTOR PER ORGANIZATIONAL CHART "PHASE 3" BUDGET OFFICER** "PHASE 4" ASST. SUPT. FOR BUSINESS & FINANCE OR DESIGNEE*** (FINAL APPROVAL) * P.O.'S FOR PAINT REQUIRE MAINT. COORD. APPROVAL. "PHASE 5" ** P.O.'S WITH INSUFFICIENT FUNDS WILL BE RETURNED TO PHASE 1. PURCHASING*** (FINAL PROCESSING) P.O.'S WITH WRONG ACCOUNTS WILL BE RETURNED TO PHASE 1. REVISED Page 143 *** DISAPPROVED P.O.'S WILL BE RETURNED TO PHASE 1.

149 A. PURCHASE ORDER REQUESTS (P.O.'S) 1) NO PURCHASES MAY BE MADE WITHOUT A P.O., AS PER BOARD POLICY CH, PURCHASING PROCEDURES PP010 AND PP065, AND TEA PURCHASING GUIDELINES 2) REIMBURSEMENTS TO EMPLOYEES FOR PURCHASES WILL NOT BE PROCESSED. 3) ALL P.O.'S FOR FIXED ASSETS (6600'S), FURNITURE (6395) & CONTROL ITEMS (6396) REQUIRE A RATIONALE & THE ROOM NUMBER INDICATING THE LOCATION OF THE ITEM(S). 4) MUST BE SUBMITTED FIVE (5) WORKING DAYS IN ADVANCE. SCENARIO 2: PURCHASE ORDERS FOR FIXED ASSETS (6600'S), FURNITURE (6395), CONTROL ITEMS (6396) AND/OR CONSULTANTS EXCEEDING $25,000, WITH 199 M&O FUNDING "PHASE 1a" "PHASE 1" "PHASE 1b" INSTRUCTIONAL TECH. COORDINATOR INFO. TECH. DIRECTOR IF INSTRUCTIONAL TECHNOLOGY HARDWARE/ SOFTWARE ONE SIGNATURE REQUIRED: PRINCIPAL, DIRECTOR OR COORDINATOR* ONE SIGNATURE REQUIRED: "PHASE 2" IF NON-INSTRUCTIONAL TECHNOLOGY HARDWARE/ SOFTWARE INFO. TECH. DIRECTOR ASST. SUPT. OR EXECUTIVE DIRECTOR PER ORGANIZATIONAL CHART "PHASE 3" BUDGET OFFICER** "PHASE 4" SUPERINTENDENT OR DESIGNEE*** (FINAL APPROVAL) * P.O.'S FOR PAINT REQUIRE MAINT. COORD. APPROVAL. ** P.O.'S WITH INSUFFICIENT FUNDS WILL BE RETURNED TO PHASE 1. REVISED "PHASE 5" PURCHASING*** (FINAL PROCESSING) P.O.'S WITH WRONG ACCOUNTS WILL BE RETURNED TO PHASE 1. *** DISAPPROVED P.O.'S WILL BE RETURNED TO PHASE 1. Page 144

150 A. PURCHASE ORDER REQUESTS (P.O.'S) 1) NO PURCHASES MAY BE MADE WITHOUT A P.O., AS PER BOARD POLICY CH, PURCHASING PROCEDURES PP010 AND PP065, AND TEA PURCHASING GUIDELINES 2) REIMBURSEMENTS TO EMPLOYEES FOR PURCHASES WILL NOT BE PROCESSED. 3) ALL P.O.'S FOR FIXED ASSETS (6600'S), FURNITURE (6395) & CONTROL ITEMS (6396) REQUIRE A RATIONALE & THE ROOM NUMBER INDICATING THE LOCATION OF THE ITEM(S). 4) MUST BE SUBMITTED FIVE (5) WORKING DAYS IN ADVANCE. SCENARIO 3: PURCHASE ORDERS WITH STATE OR FEDERAL FUNDING "PHASE 1a" "PHASE 1" "PHASE 1b" INSTRUCTIONAL TECH. ONE SIGNATURE COORDINATOR REQUIRED: PRINCIPAL, DIRECTOR INFO. TECH. DIRECTOR OR COORDINATOR* IF INSTRUCTIONAL TECHNOLOGY HARDWARE/SOFTWARE "PHASE 2" INFO. TECH. DIRECTOR IF NON-INSTRUCTIONAL TECHNOLOGY HARDWARE/ SOFTWARE PROGRAM DIRECTOR /COORDINATOR PER FUND LIST "PHASE 3" ONE SIGNATURE REQUIRED: ASST. SUPT. OR EXECUTIVE DIRECTOR PER ORGANIZATIONAL CHART "PHASE 4" BUDGET OFFICER** "PHASE 5" * P.O.'S FOR PAINT REQUIRE MAINT. COORD. APPROVAL. ** P.O.'S WITH INSUFFICIENT FUNDS WILL BE RETURNED TO PHASE 1. P.O.'S WITH WRONG ACCOUNTS WILL BE RETURNED TO PHASE 1 PURCHASING*** *** DISAPPROVED P.O.'S WILL BE (FINAL PROCESSING) REVISED RETURNED TO PHASE 1. Page 145

151 A. PURCHASE ORDER REQUESTS (P.O.'S) 1) NO PURCHASES MAY BE MADE WITHOUT A P.O., AS PER BOARD POLICY CH, PURCHASING PROCEDURES PP010 AND PP065, AND TEA PURCHASING GUIDELINES 2) REIMBURSEMENTS TO EMPLOYEES FOR PURCHASES WILL NOT BE PROCESSED. 3) ALL P.O.'S FOR FIXED ASSETS (6600'S), FURNITURE (6395) & CONTROL ITEMS (6396) REQUIRE A RATIONALE & THE ROOM NUMBER INDICATING THE LOCATION OF THE ITEM(S). 4) MUST BE SUBMITTED FIVE (5) WORKING DAYS IN ADVANCE. SCENARIO 4: PURCHASE ORDERS WITH 461 CAMPUS ACTIVITY OR 865 STUDENT ACTIVITY FUNDING "PHASE 1" ONE SIGNATURE REQUIRED: PRINCIPAL, DIRECTOR OR COORDINATOR* "PHASE 2" ONE SIGNATURE REQUIRED: ASST. SUPT. OR EXECUTIVE DIRECTOR PER ORGANIZATIONAL CHART "PHASE 3" BUDGET OFFICER** "PHASE 4" * P.O.'S FOR PAINT REQUIRE MAINT. COORD. APPROVAL. ASST. SUPT. FOR BUSINESS & FINANCE OR DESIGNEE*** (FINAL APPROVAL) "PHASE 5" ** P.O.'S WITH INSUFFICIENT FUNDS WILL BE RETURNED TO PHASE 1. P.O.'S WITH WRONG ACCOUNTS WILL BE RETURNED TO PHASE 1 *** DISAPPROVED P.O.'S WILL BE REVISED RETURNED TO PHASE 1. PURCHASING*** (FINAL PROCESSING) Page 146

152 PREPARATION OF FOOD SERVICE DEPARTMENT PURCHASE REQUESTS (PP053) I. PURPOSE To ensure that all Food Service requests are delivered to the Food Service Department in the most expeditious manner possible. II. SCOPE This procedure applies to all Food Service Department purchase requests. III. PROCEDURES a. The Food Service Department will prepare their requests in accordance with Purchase Procedure PP050. b. All deliveries will be directed to the Food Service Department. c. The Food Service Department will be given the Vendor (white), Accounts Payable (pink), and Central Receiving (yellow) copies of their purchase requests. d. Upon receipt of any material, the Food Service Department must submit a copy of their purchase order stating which items and how many of them have been received. e. This information must be circled and confirmed by initializing next to the applicable item(s). This information must be forwarded to the Accounts Payable Department immediately upon receipt. f. Upon complete receipt of the purchase order (when no further shipment is expected), the Food Service Department must sign, date, and promptly return the Central Receiving Copy to our Accounts Payable Department along with any pertinent invoices. Page 147

153 PREPARATION OF MAINTENANCE DEPARTMENT PURCHASE REQUESTS (PP055) I. PURPOSE To ensure that all Maintenance requests are delivered to the Maintenance Department in the most expeditious manner possible. II. SCOPE This procedure applies to all Maintenance Department purchase requests. III. PROCEDURES a. The Maintenance Department will prepare their requests in accordance with Purchase Procedure PP050. b. All deliveries will be directed to the Maintenance Department. c. The Maintenance Department will be given both the Vendor (white) and Central Receiving (yellow) copies of their purchase requests. d. Upon receipt of any material, the Maintenance Department must submit a copy of their purchase order stating which items and how many of them have been received. e. This information must be circled and confirmed by initializing next to the applicable item(s). This information must be forwarded to the Accounts Payable Department immediately upon receipt. f. Upon complete receipt of the purchase order (when no further shipment is expected), the Maintenance Department must sign, date, and promptly return the Central Receiving Copy to our Accounts Payable Department along with any pertinent invoices. Page 148

154 PREPARATION OF TRANSPORTATION DEPARTMENT PURCHASE REQUESTS (PP057) I. PURPOSE To ensure that all Transportation requests are delivered to the Transportation Department in the most expeditious manner possible. II. SCOPE This procedure applies to all Transportation Department purchase requests. III. PROCEDURES a. The Transportation Department will prepare their requests in accordance with Purchase Procedure PP050. b. All deliveries will be directed to the Transportation Department. c. The Transportation Department will be given both the Vendor (white) and Central Receiving (yellow) copies of their purchase requests. d. Upon receipt of any material, the Transportation Department must submit a copy of their purchase order stating which items and how many of them have been received. e. This information must be circled and confirmed by initializing next to the applicable item(s). This information must be forwarded to the Accounts Payable Department immediately upon receipt. f. Upon complete receipt of the purchase order (when no further shipment is expected), the Transportation Department must sign, date, and promptly return the Central Receiving Copy to our Accounts Payable Department along with any pertinent invoices. Page 149

155 BI-WEEKLY BLANKET PURCHASE ORDERS (PP060) I. PURPOSE To establish a procedure for the issuance of formal bi-weekly blanket purchase orders. II. SCOPE This procedure applies to all bi-weekly blanket purchase orders. III. PROCEDURES AND LIMITATIONS Purchase requests must be prepared in accordance with Purchasing Procedure PP050. a. The following procedures and limitations must be adhered to. 1. Blanket purchase requests may not exceed $300 for a two (2) week period. Exceptions to this limitation will be on requests from the Food Service, Maintenance, and Transportation Departments. 2. Blanket purchase requests cannot be used for buying supplies at the District Warehouse. 3. Blanket purchase requests cannot be used to buy chemicals, paints, nor insecticides. 4. Blanket purchase requests cannot be used to procure fixed assets. 5. Blanket purchase requests must be accompanied with a Purchase Rationale specifying what is to be purchased. 6. All corresponding invoices must be immediately submitted to the Accounts Payable Dept. with the matching purchase order number. 7. Blanket purchase requests should be used sparingly and only if the items cannot be itemized. Page 150

156 SOLE SOURCE PURCHASE REQUESTS (PP065) I. PURPOSE To establish a procedure for the issuance of Sole Source purchase requests. II. SCOPE This procedure applies to all Sole Source purchase requests. III. GUIDELINE a. Certain selected purchases may be exempt from competitive procurement if they meet established criteria for a Sole Source purchase. b. In accordance with the Texas Education Code (j) a district may purchase an item that is available from only one (1) source including: 1. An item for which competition is precluded because of a patent, copyright, secret process or monopoly. 2. A film, manuscript, or book. 3. A utility service, including electricity, gas, or water. 4. A captive replacement part or component for equipment. The sole source exception does not apply to mainframe data-processing equipment and peripheral attachments with a single item purchase price in excess of $15,000. IV. PROCEDURE a. Any item on a purchase order submitted as a Sole Source purchase will be subject to the following procedures. 1. The company/vendor shall provide in writing, on the company s letterhead, a written rationale and pertinent information for their claim as a Sole Source. 2. Upon receipt and determination by the Coordinator of Purchasing as to the Sole Source status based on the criteria listed in the Texas Education Code (j) the Dept. of Purchasing will then require the vendor to complete and submit a Sole Source Affidavit. 3. An original, completed, and notarized affidavit must be returned to the Department of Purchasing. 4. Consequently, the Requestor, Director/Coordinator, and Deputy Superintendent for the purchase must complete and submit a Sole Source Certifying Statement and Disclosure Form to the Department of Purchasing for final processing. 5. However, any single, budgeted purchase under this premise that costs $20,000 or more shall require Board approval before a transaction may take place. b. To be a bona fide exemption to the competitive bidding requirements there must be no other items available for purchase that would serve the same purpose or function and only one price for the product because of exclusive distribution or marketing rights. Page 151

157 EAGLE PASS INDEPENDENT SCHOOL DISTRICT SOLE SOURCE AFFIDAVIT THE STATE OF TEXAS COUNTY OF MAVERICK KNOW ALL MEN BY THESE PRESENTS: THAT Before me, the undersigned official, on this day, personally appeared, a person known to me to be the person whose signature appears below, whom after being duly sworn upon his oath deposed and said: 1. My name is, I am over the age of 18, have never been convicted of a felony or crime involving moral turpitude, am competent to make this affidavit and have personal knowledge of matters stated herein. 2. I am an authorized representative for the following company or firm (name, address, telephone no.) 3. The above named company or firm is the Sole Source, as defined herein, of the following item(s) or product(s), and no other company or firm in the United States of America sells or distributes the item(s) or product(s) listed below: 4. SOLE SOURCE MEANS A COMPANY OR FIRM WHICH SELLS OR DISTRIBUTES AN ITEM OR PRODUCT FOR WHICH (1) THERE IS NO OTHER LIKE ITEM OR PRODUCT AVAILABLE FOR PURCHASE IN THE UNITED STATES THAT WOULD SERVE THE SAME PURPOSE OR FUNCTION, AND (2) THERE IS ONLY ONE PRICE FOR THE ITEM OR PRODUCT BECAUSE OF EXCLUSIVE DISTRIBUTION OR MARKETING RIGHTS. SIGNATURE OF AUTHORIZED OFFICIAL TITLE OF AUTHORIZED OFFICIAL DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX (830) FAX (830) The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. EPISD SOLE SOURCE AFFIDAVIT - PAGE 1 OF 2 REV (4/07) Page 152

158 EAGLE PASS INDEPENDENT SCHOOL DISTRICT SOLE SOURCE AFFIDAVIT AFFIDAVIT WILL BE VALID FOR ONE (1) YEAR FROM THE DATE SUBSCRIBED AND SWORN SUBSCRIBED AND SWORN to be before me on this day of, 2. NOTARY PUBLIC SIGNATURE PRINT NAME (Notary Seal) MY COMMISSION EXPIRES NAME OF COMPANY ADDRESS CITY, STATE, ZIP CODE TELEPHONE NUMBER AND FAX NUMBER NAME OF CONTACT FOR DEPARMENT OF PURCHASING USE ONLY 1. SOLE SOURCE LETTER YES NO 2. SOLE SOURCE CERTIFYING STATEMENT YES NO 3. SOLE SOURCE DISCLOSURE FORM YES NO 4. PURCHASE ORDER(S) DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX (830) FAX (830) The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. EPISD SOLE SOURCE AFFIDAVIT - PAGE 2 OF 2 REV (4/07) Page 153

159 EAGLE PASS INDEPENDENT SCHOOL DISTRICT SOLE SOURCE CERTIFYING STATEMENT I,, based on my duly conducted and thorough research (Name of Requestor) and my professional experience, and understanding the sole source exception to the mandatory competitive purchasing process set forth in Texas Education Code , certify that the following is a Sole Source (Name of Company and Address) for the item(s) or product(s) listed below. SOLE SOURCE MEANS A COMPANY OR FIRM WHICH SELLS OR DISTRIBUTES AN ITEM OR PRODUCT FOR WHICH (1) THERE IS NO OTHER LIKE ITEM OR PRODUCT AVAILABLE FOR PURCHASE IN THE UNITED STATES THAT WOULD SERVE THE SAME PURPOSE OR FUNCTION, AND (2) THERE IS ONLY ONE PRICE FOR THE ITEM OR PRODUCT BECAUSE OF EXCLUSIVE DISTRIBUTION OR MARKETING RIGHTS. The following are items or products sold or distributed by the company or firm listed above, and no other company or firm in the United States of America sells or distributes the products listed below. SIGNATURE OF REQUESTOR DATE NAME AND TITLE OF REQUESTOR SIGNATURE OF DIRECTOR/COORDINATOR DATE NAME AND TITLE OF DIRECTOR/COORDINATOR SIGNATURE OF ASST. SUPT./EXEC. DIRECTOR DATE NAME AND TITLE OF ASST. SUPT./EXEC. DIRECTOR RECEIVED BY: PURCHASING DIRECTOR DATE DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX (830) FAX (830) Page 154 EPISD SOLE SOURCE CERTIFYING STATEMENT - PAGE 1 OF 1 REV (4/07)

160 EAGLE PASS INDEPENDENT SCHOOL DISTRICT SOLE SOURCE DISCLOSURE FORM Please note that sole source is an exception to the mandatory competitive purchasing process set forth in Texas Education Code and Board Policy CH Legal that is to be only used upon exhausting all approved purchasing methods. SOLE SOURCE MEANS A COMPANY OR FIRM WHICH SELLS OR DISTRIBUTES AN ITEM OR PRODUCT FOR WHICH (1) THERE IS NO OTHER LIKE ITEM OR PRODUCT AVAILABLE FOR PURCHASE IN THE UNITED STATES THAT WOULD SERVE THE SAME PURPOSE OR FUNCTION, AND (2) THERE IS ONLY ONE PRICE FOR THE ITEM OR PRODUCT BECAUSE OF EXCLUSIVE DISTRIBUTION OR MARKETING RIGHTS. 1. Name and Title of Requestor 2. Name of Campus/Department 3. Name of Company, Firm, or Vendor Requesting Purchase (Contact Name, Address, City, State, Phone Number) 4. Total Requested Purchase Amount $ 5. What is the funding source for this purchase request (Federal, State, and/or Local Budgeted Funds) Are/Will there be any additional purchase(s) from this company, firm, or vendor during this fiscal year? If yes, please list? 7. What other Company, Firm, or Vendor was/were considered to provide this/these material(s), service(s), and supply(ies)? DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX (830) FAX (830) The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 155 EPISD SOLE SOURCE DISCLOSURE FORM - PAGE 1 OF 2 REV (4/07)

161 EAGLE PASS INDEPENDENT SCHOOL DISTRICT SOLE SOURCE DISCLOSURE FORM 8. What specific criteria were used for selecting the recommended company, firm, or vendor? Please list? 9. Does this purchase request support the District Improvement Plan? If yes, please explain and attach pertinent section of DIP Plan. 10. Does this purchase request support your Campus Improvement Plan? If yes, please explain and attach pertinent section of CIP Plan. 11. What specific program(s) will be designated with this/these material(s), service(s), and/or supply(ies)? APPROVAL SIGNATURE OF REQUESTOR DATE NAME OF REQUESTOR SIGNATURE OF DIRECTOR/COORDINATOR DATE NAME AND TITLE OF DIRECTOR AND COORDINATOR SIGNATURE OF ASST. SUPT./EXEC. DIRECTOR DATE NAME AND TITLE ASST. SUPT./EXEC. DIRECTOR FOR DEPARTMENT OF PURCHASING USE ONLY DEPARTMENT OF PURCHASING 1420 EIDSON ROAD EAGLE PASS, TX (830) FAX (830) The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 156 EPISD SOLE SOURCE DISCLOSURE FORM - PAGE 2 OF 2 REV (4/07)

162 RUSH PURCHASE REQUESTS (PP070) I. PURPOSE To establish a procedure to accommodate "Rush" requirements on purchase requests. II. SCOPE This procedure applies to all Rush purchase requests. III. PROCEDURE a. Rush Purchase Request Procedures From time to time it is recognized and understood that certain instances will arise whose urgency will dictate immediate processing. 1. In such cases, a completed purchase request is to be submitted through the approval process by the person requesting such an accommodation. 2. During this process, the request will be approved or not approved as a rush order. 3. The request will then be taken to the Department of Purchasing where the appropriate information will be typed in, including purchase order/cancellation date, vendor number, and purchase order number. 4. The Purchasing Director will then sign the purchase order. 5. The person requesting the rush order will be given the Vendor copy of the order so he/she may expedite the shipment. Page 157

163 LOCAL VENDOR PURCHASE CARD REQUESTS (HEB, LOWES, AND WAL-MART) (PP075) I. PURPOSE The purpose of this procedure is to establish a guideline for all purchases at the H-E-B Grocery Company, Lowes, and Wal-Mart Stores. II. SCOPE This procedure applies to all purchases made at the H-E-B Grocery Company, Lowes, and Wal-Mart Stores. III. GUIDELINE a. A store charge card is required for all commercial accounts to purchase at the H- E-B Grocery Company, Lowes, and Wal-Mart Stores. b. The Department of Purchasing has assigned one (1) H-E-B, Lowes, and Wal- Mart charge card to each elementary campus and department and two (2) cards to each secondary campus. c. The principal/director will be made accountable for all purchases made with the H-E-B, Lowes, and Wal-Mart charge card. d. The Department of Purchasing will maintain and issue all H-E-B, Lowes, and Wal-Mart charge cards. e. The cards will not be issued two (2) working days prior to a holiday. Additionally, all cards issued on a Friday must be returned that same day. Cards are not permitted to be retained during a weekend without prior approval from the Director of Purchasing. f. All H-E-B, Lowes, and Wal-Mart purchase orders will have a one (1) time use regardless if all items are available or not and must be itemized. Charges to the card may not be made for layaway items and/or items not in stock at the time of visit. g. All charges to the card are to be made only for items that have been approved on the purchase order, no substitutes. No exchanges or requests for store credit may be done without the prior approval of the Department of Purchasing. h. It will be the responsibility of the Principal, Director, and Coordinator to ensure that procedures are adhered to and followed. Page 158

164 LOCAL VENDOR PURCHASE CARD REQUESTS (HEB, LOWES, AND WAL-MART) (PP075) IV. PROCEDURE a. The campus/department will prepare a purchase order in accordance with PP050 and submit the Request for H-E-B, Lowes, or Wal-Mart Credit Card Form with all the required signatures. b. Once the purchase order has been approved, the campus/department will present the form to the Department of Purchasing to receive the card. c. The Department of Purchasing will attach the white copy of the purchase order to the credit card request and issue the charge card assigned to the respective campus/department. d. Upon completing the purchase, the campus/department must return the following items to the Department of Purchasing on the following workday after being issued the charge card. 1. Store Charge card. 2. Original Vendor Copy (white) of purchase order. 3. Original store receipts. 4. Sign the Receiving Copy (yellow) of the purchase order to process payment. e. If the card cannot be returned within the time allotted, the principal, director, and coordinator needs to request permission from the Director of Purchasing prior to checking out the card. f. Failure to adhere to these procedures may result in the loss of charge card privileges for one (1) semester. Page 159

165 EAGLE PASS INDEPENDENT SCHOOL DISTRICT REQUEST FOR LOCAL VENDOR PURCHASE CARD FORM PURCHASE ORDER NUMBER: CAMPUS/DEPT: EMPLOYEE REQUESTING: PRINT NAME POSITION CARD REQUESTED: H.E.B. LOWE'S WALMART APPROVED COST ON P.O.: BY SIGNING BELOW, I UNDERSTAND THAT: 1. PERSONAL OR UNAUTHORIZED EXPENSES INCLUDING SALES TAX MAY NOT BE CHARGED TO THE PURCHASE CARD. 2. ONLY ITEMS THAT HAVE BEEN APPROVED ON THE ABOVE REFERENCE PURCHASE ORDER MAY BE CHARGED TO THE CARD. 3. ALL PURCHASE RECEIPTS MUST BE ITEMIZED, RECEIPTS NOT ITEMIZED WILL NOT BE ACCEPTED. 4. PURCHASES OF CONTROL ITEMS SHALL BE SUBMITTED TO THE DEPARTMENT OF PURCHASING AND THE WAREHOUSE PERSONNEL WILL PURCHASE AND DELIVER ITEMS TO THE APPROPRIATE CAMPUS/DEPARTMENT. 5. CHARGES TO THE PURCHASE CARD MAY NOT BE MADE FOR LAYAWAY ITEMS OR ITEMS NOT IN STOCK. 6. NO EXCHANGES, REFUNDS OR REQUESTS FOR CREDIT FOR ANY PURCHASES MADE WITH THESE CARDS MAY BE DONE WITHOUT PRIOR APPROVAL OF THE DEPARTMENT OF PURCHASING. REFUNDS AND CREDITS SHALL BE CHARGED BACK TO CORRESPONDING CARD AND NOT BE RETURNED IN CASH OR GIFT CARDS. 7. THE PURCHASE CARD AND ORIGINAL RECEIPTS FOR PURCHASE SHALL BE RETURNED TO THE PURCHASING DEPARTMENT ON THE FOLLOWING WORKING DAY. ALL CARDS ISSUED ON A FRIDAY MUST BE RETURNED ON THE SAME DAY UNLESS PRIOR APPROVAL HAS BEEN OBTAINED FROM THE PURCHASING DEPARTMENT AND PERTINENT RATIONALE SUBMITTED. 8. IT SHALL BE THE RESPONSIBILITY OF THE PRINCIPAL/ADMINISTRATOR TO ENSURE THAT ESTABLISHED PROCEDURES ARE FOLLOWED 9. FAILURE TO FOLLOW PROCEDURES MAY RESULT IN LOSS OF PURCHASE CARD PRIVILEGES FOR 1 CALENDAR YEAR. 10. EMPLOYEE RECEIVING PURCHASING CARD AUTHORIZES E.P.I.S.D. TO DEDUCT THEIR PAYROLL CHECK/TRAVEL REIMBURSEMENT FOR PERSONAL/UNAUTHORIZED CHARGES OR FOR RECEIPTS NOT TURNED IN WITHIN 3 DAYS. REQUIRED SIGNATURES PURCHASING DEPARTMENT ONLY EMPLOYEE REQUESTING & DATE ISSUED AT PURCHASING DEPT. BY LAST 4 DIGITS OF CARD PRINCIPAL/ADMINISTRATOR & DATE EMPLOYEE RECEIVING CARD & DATE PURCHASING DIRECTOR & DATE Page 160 EMPLOYEE RETURNING CARD & DATE

166 PURCHASE OF MAINTENANCE RELATED ITEMS (PP080) I. PURPOSE The purpose of this procedure is to establish control of building maintenance projects within each campus or department. II. SCOPE This procedure applies to all maintenance related projects. III. PROCEDURE a. Each campus or department wishing to procure items that are for the maintenance of their campus or building (i.e. paint, lumber, air conditioning units, etc.) must adhere to Purchasing Procedure PP050 concerning the preparation of a purchase request. b. In addition, campus principals or department directors/coordinators must obtain approval to purchase from the Deputy Superintendent for District Operations and Facility/Maintenance Director prior to the submission of the purchase requests to the Department of Purchasing. c. All purchases of paints will require the approval of the Maintenance Department. d. All purchases of chemicals and insecticides will require approval from the Maintenance Department. e. These transactions will also require a vendor supplied Material Safety Data Sheet (MSDS) Sheet to be submitted to the Safety Officer. Page 161

167 ELECTRONIC COMMERCE (PP085) I. PURPOSE To establish a procedure for all purchases via an electronic format on the internet. II. SCOPE This procedure applies to all purchases made on the internet or a vendor s website. III. GUIDELINE In order to take advantage of the time-saving and cost-saving advantages of the internet, whenever possible, purchases requested by campuses and departments shall be done on the internet or via a vendor s website. IV. PROCEDURES a. The Department of Purchasing shall be solely responsible for placing such an order. 1. Upon preparing your purchase order to be submitted for approval in accordance with PP050, the purchase order must include the website address and have typed Confirmation Only. 2. An electronic account with vendors that provide such services shall be set up and maintained by the Department of Purchasing. 3. The order, if approved, will be submitted on the vendor s website by entering the item number, description, quantity and purchase order number on the shopping cart and submitting the order electronically. 4. An order confirmation report shall be printed to document proof of such a purchase. 5. A copy of the order confirmation report shall be attached to the Originator and Accounts Payable copy of the of purchase order. Page 162

168 CHARTER BUS TRANSPORTATION SERVICES (PP087) I. PURPOSE To establish a procedure for contracting and reserving charter bus transportation services for use by the campuses and departments of the District. II. SCOPE This procedure applies to all requests for charter bus transportation services. III. IV. GUIDELINE The District shall utilize the existing charter bus transportation companies contracted via the competitive procurement process. A completed, authorized, and original Request for Charter Bus Transportation Services form must be submitted with any pertinent attachment(s) to the Department of Purchasing. All requests must have the pertinent approval of the campus/department administrator and the approval of the Business and Finance Department prior to any reservations being scheduled. PROCEDURES a. A Request for Charter Bus Transportation Services form will be completed by the originator of the request with all the pertinent bus trip information (date, time, destination, quantity of buses, quantity of students, rationale for request, etc.). b. The form will then be forwarded for the appropriate approvals. c. Upon all approvals being obtained the Department of Purchasing will assign a request number to the form and then make the necessary reservations for charter buses with the vendor(s) of choice. d. Subsequently, the requesting campus or department shall be afforded the necessary information to initiate the purchase request process in accordance with Purchasing Procedure (PP050). The following information must be included in all purchase requests: description of bus trip information, pricing, name of destination, charter bus reservation number, and the dates of the trip. e. Requests for charter bus transportation services for trips with a distance that does not exceed one-hundred (100) miles one-way will not be permitted. Page 163

169 EAGLE PASS INDEPENDENT SCHOOL DISTRICT REQUEST FOR CHARTER BUS TRANSPORTATION SERVICES SECTION ONE BUS TRIP INFORMATION DATE CAMPUS/DEPARTMENT DESTINATION NO. OF BUSES NO. OF STUDENTS NO. OF ADULTS CONTACT INFORMATION FOR BUS TRIP DEPARTURE DATE AND TIME RETURN DATE AND TIME BUS TO PICK UP LOCATION RATIONALE FOR REQUEST SECTION TWO - BUDGET INFORMATION ACCOUNT CODE(S) APPROVAL OF: BUDGET OFFICER/SENIOR ACCOUNTANT DATE SECTION THREE - APPROVALS 1. ORIGINATOR OF REQUEST DATE 2. PRINCIPAL/DIRECTOR /COORDINATOR DATE 3. ASST. SUPERINTENDENT/EXEC. DIRECTOR DATE 4. PURCHASING DIRECTOR DATE FOR DEPARTMENT OF PURCHASING USE ONLY CHARTER BUS TRIP REQUEST NO. CHARTER BUS COMPANY/RESERVATION NO. TOTAL COST PER CHARTER BUS (TRIP) PURCHASE ORDER NO. Page EPISD REQUEST FOR CHARTER B US (8/11)

170 CONSULTANT CONTRACTS (PP090) I. PURPOSE To establish a procedure for contracting professional consulting and/or staff development services. II. SCOPE This procedure applies to all contracts made with professional consultants. III. GUIDELINE The District shall utilize the existing consultant contract when contracting professional consultants. A completed and original contract must be submitted with any pertinent attachment(s) to the Department of Purchasing. All contracts must have the approval of the Superintendent in order to be a binding agreement. IV. PROCEDURES a. The District shall survey for staff development from campuses/departments. b. The survey and required training is reviewed and staff development topics are determined. c. Executive Directors, Directors, and Coordinators begin the search for an appropriate and available professional consultant to provide such services. All selections must be made as the best value for the District for such services and must meet with any criteria set forth by the District. d. Consultants are required to submit their resume to demonstrate their experience and competence in the training to be provided. e. Once a consultant is selected a contract is required and submitted to the Superintendent for final approval. Services are not to be contracted or rendered without an authorized contract. f. However, any single, budgeted purchase under this premise that costs $20,000 or more shall require Board approval before a transaction may take place. g. The final and original copy of the contract and a disclosure form must be submitted to the Department of Purchasing to be filed and maintained. The Director Purchasing shall be responsible for all distribution and files regarding these contracts. Page 165

171 EAGLE PASS INDEPENDENT SCHOOL DISTRICT 1420 EIDSON ROAD EAGLE PASS, TEXAS / CONSULTANT CONTRACT This contract is entered into by and between (Name and Address) hereinafter referred to as Contractor and the Eagle Pass Independent School District, a Texas political subdivision, hereinafter referred to as District on this the day of, The purpose of this Agreement is to set out the responsibilities of the parties hereto regarding the professional services to be rendered by contractor to District. District agrees to engage Contractor, and Contractor agrees to perform and/or provide the following services: 2. Contractor will perform the services set forth herein in a timely and professional manner and to the District s satisfaction. 3. In exchange for the Contractor s services, District will pay Contractor a fee of $ per hour/per day/flat fee [circle one]. The total fee is not to exceed $. Any reimbursement for travel, meals, and lodging or other expenses will be in accordance with District policies and must be accompanied by appropriate receipts. Contractors will not be paid in advance of performing or providing the services. Invoices must be addressed to the Accounts Payable Dept. at the above address. Notwithstanding payment by the District pursuant to an approved invoice, the District reserves the right to audit said Agreement and the services rendered hereunder and to adjust said sum if incorrect or improper. Contractor agrees to refund to District any sums improperly or incorrectly paid Contractor upon notice of same by District. Payment on a properly submitted invoice will be made in accordance with the District disbursement payment schedule. 4. The contract will be effective on the day of, 2, and will expire on the day of, 2, unless sooner terminated as provided herein. 5. This contract may be terminated by the District without cause at any time and Contractor agrees to conclude services upon notification by District that Agreement has been terminated. Either District or Contractor may terminate this contract for convenience after giving the other party thirty (30) days advance written notice. Either District or Contractor may terminate this contract effective immediately for breach of any provision herein provided the non-breaching party gives the breaching party written notice of the breach and thirty (30) days to cure such breach. District may terminate this contract effective at the end of its fiscal year if funds are not appropriated for this contract for the ensuing fiscal year. If this contract is terminated for convenience, District will pay Contractor a prorated share of fees Contractor has earned up to the effective date of termination. 6. Contractor is not an employee of the District and is not entitled to fringe benefits. Furthermore, District will not deduct federal income taxes, FICA or any other funds required to be deducted by an employer as this is the responsibility of the Contractor. Contractor is an independent contractor, and District and Contractor have not entered into a joint venture or partnership in providing the services herein. The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 166 EPISD CONSULTANT CONTRACT - PAGE 1 OF 10 (REV-6/08)

172 EAGLE PASS INDEPENDENT SCHOOL DISTRICT 1420 EIDSON ROAD EAGLE PASS, TEXAS / It is the intention of the parties that the Contractor be an independent Contractor and not an employee of the District under this Agreement and in order to protect the District, Contractor agrees, as consideration herein, to indemnify and hold the District, and its employees, officers and agents, harmless from any and all claims, demands, damages, causes of action, and costs of whatever kind of nature asserted by third parties and occurring or in any way incident to, arising out of, or in connection with any acts of the Contractor its agents, employees, and subcontractors, in the performance of this Agreement, unless such claim, damage injury of losses is the result of the sole negligence of the District. 8. In entering into this contract, Contractor agrees to abide by all District policies and regulations. Including, but not limited to, the Contractor agrees to provide the District with sign-in sheets, and evaluation of the service, along with copies of the materials and information used in connection with said service by Contractor, except those provided by District. Accordingly, Contractor agrees to provide such other information and execute other documents as may be required by District policies or regulations. In the conduct of this Agreement, Contractor shall be subject to the Texas State Board of Education rules and all regulations pertaining to this Agreement and the subject matter and to the laws of the State of Texas governing this Agreement, as well as to the Board policies of the District. 9. Certification of Criminal History Record Information - In accordance with state law and as set forth in the Attachment referenced herein, all required criminal history background checks will be performed prior to the performance of this agreement. Failure to properly complete the certifications or completion of the certification in a manner that is later deemed incomplete or inaccurate that results in the District being in jeopardy of violation of Texas Education Code (c) will be good cause for early termination of this agreement at District discretion. 10. The District, the Texas Education Agency, the Comptroller General or any of their duly authorized representatives shall have access to any books, documents, or records of the Contractor which are directly related to this Agreement, for the purpose of making audit, examination, excerpts and transcriptions. Additionally, the Contractor shall maintain all required records for five (5) years after the District has made final payments and all other pending matters are closed. 11. Contractor may not subcontract or assign this contract or any of its rights hereunder to another person or entity. 12. All notices hereunder by either party to the other will be delivered personally or by certified mail, return receipt requested, and will be duly given when delivered personally or three business days after postmarked. If to District, notice will be sent to the Superintendent of Schools at 1420 Eidson Rd., Eagle Pass, Texas If to Contractor, notice will be sent to the signatory and at the address set forth herein. 13. This contract and the following attachments contain the entire agreement between District and Contractor for the services set forth herein and supersedes all prior or contemporaneous agreements, whether oral or written. This contract and its attachments cannot be modified without the advance written consent of each party. Attachments: The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 167 EPISD CONSULTANT CONTRACT - PAGE 2 OF 10 (REV-6/08)

173 EAGLE PASS INDEPENDENT SCHOOL DISTRICT 1420 EIDSON ROAD EAGLE PASS, TEXAS / In accordance with district policy, there shall be no interruption of instruction during the school day. This contract is not valid unless approved by the EPISD Board of Trustees and/or the Superintendent. 15. This contract will be governed by the laws of the State of Texas and is performable in Maverick County, Texas. IN WITNESS WHEREOF AND EXECUTED, the parties hereto have caused this contract to be executed as of the date and year first above written. CONTRACTOR: BY: TITLE: DISTRICT: EAGLE PASS INDEPENDENT SCHOOL DISTRICT BY: DIRECTOR/COORDINATOR /PRINCIPAL DATE ASST. SUPERINTENDENT/EXECUTIVE DIRECTOR DATE SUPERINTENDENT DATE APPROVED BY EPISD BOARD OF TRUSTEES DAY OF, 2 PLEASE ENCLOSE COPY OF BOARD AGENDA ITEM The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 168 EPISD CONSULTANT CONTRACT - PAGE 3 OF 10 (REV-6/08)

174 EAGLE PASS INDEPENDENT SCHOOL DISTRICT 1420 EIDSON ROAD EAGLE PASS, TEXAS / NON-COLLUSION STATEMENT The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership, or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms, or conditions of said bid/proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. COMPANY ADDRESS PHONE AND FAX CONTRACTOR (SIGNATURE) CONTRACTOR (PRINT NAME) POSITION WITH COMPANY SIGNATURE OF COMPANY OFFICIAL AUTHORIZING THIS CONTRACT COMPANY OFFICIAL (PRINT NAME) OFFICIAL POSITION The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 169 EPISD CONSULTANT CONTRACT - PAGE 4 OF 10 (REV-6/08)

175 EAGLE PASS INDEPENDENT SCHOOL DISTRICT 1420 EIDSON ROAD EAGLE PASS, TEXAS / FELONY CONVICTION NOTICE State of Texas Legislative Senate Bill No. 1, Section , Notification of Criminal History, Subsection (a) states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or owner of operator of the business entity has been convicted of a felony. The notice must include a general description of the conduit resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. THIS NOTICE IS NOT REQUIRED OF A PUBLICLY HELD CORPORATION. I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. COMPANY NAME: (PRINT OR TYPE) AUTHORIZED COMPANY OFFICIAL S NAME: (PRINT OR TYPE) **SIGN ONLY A, B, OR C** A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. SIGNATURE OF COMPANY OFFICIAL B. My firm is not owned nor operated by anyone who has been convicted of a felony. SIGNATURE OF COMPANY OFFICIAL C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. Details of Conviction: SIGNATURE OF COMPANY OFFICIAL The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 170 EPISD CONSULTANT CONTRACT - PAGE 5 OF 10 (REV-6/08)

176 EAGLE PASS INDEPENDENT SCHOOL DISTRICT 1420 EIDSON ROAD EAGLE PASS, TEXAS / DEBARMENT AND SUSPENSION CERTIFICATE CERTIFYING STATEMENT In accordance with Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section the contractee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or Agency. The Eagle Pass Independent School District hereby agrees to abide by the aforementioned terms and conditions. COMPANY NAME ADDRESS TELEPHONE NUMBER FAX NUMBER COMPANY OFFICIAL (SIGNATURE) COMPANY OFFICIAL (PRINT NAME) POSITION WITH COMPANY The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 171 EPISD CONSULTANT CONTRACT - PAGE 6 OF 10 (REV-6/08)

177 EAGLE PASS INDEPENDENT SCHOOL DISTRICT 1420 EIDSON ROAD EAGLE PASS, TEXAS / CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ) FOR VENDOR OR OTHER PERSON DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section , Local Government Code. A person commits an offense if the person violates Section , Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person doing business with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section (a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4. Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. 5. Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? YES NO B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? YES NO C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of ten percent (10%) or more? YES NO D. Describe each affiliation or business relationship. 6. Describe any other affiliation or business relationship that might cause a conflict of interest. 7. SIGNATURE OF PERSON DOING BUSINESS WITH THE GOVERNMENTAL ENTITY DATE The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 172 EPISD CONSULTANT CONTRACT - PAGE 7 OF 10 (REV-6/08)

178 EAGLE PASS INDEPENDENT SCHOOL DISTRICT 1420 EIDSON ROAD EAGLE PASS, TEXAS / CERTIFICATION OF CRIMINAL HISTORY RECORD INFORMATION Each Texas public school district must receive certification from any entity with which it contracts to provide services regarding the fact that the entity has obtained the following for all employees who have or will have continuing duties related to contracted services; and have direct contact with students before employing or immediately after employing or securing the services of the individual: (1) A name-based criminal history background check on all employees hired before January 1, 2008; (2) A national criminal history record information review on all employees hired on or after January 1, 2008, which may include fingerprints and photographs. Continuing duties related to contracted services work duties that are performed pursuant to a contract to provide services to a school district on a regular, repeated basis rather than infrequently or one time only. Direct contact with students The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. Contact with students that results from services that do not provide the opportunity for unsupervised interaction with an individual student, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides the opportunity for unsupervised contact with students such as, without limitation, the provision of individualized coaching, tutoring, or other services. 19 TAC The required criminal history record information can be obtained from either of the following: A law enforcement or criminal justice agency A private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) The school district may not allow any employee of the entity or an individual to serve at the district if information obtained through this review verifies that the employee has been convicted of one of the following and at the time of the offense the victim was under 18 years of age or was enrolled in a public school: (1) A Title 5 felony offense; (2) An offense requiring the individual to register as a sex offender; or (3) An offense under the laws of another state or federal law that is equivalent to a Title 5 felony in the state of Texas or that would require registration in the Texas sex offender databank. Name of Contracting Entity or Individual: Type of service to be performed on school campus: The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 173 EPISD CONSULTANT CONTRACT - PAGE 8 OF 10 (REV-6/08)

179 EAGLE PASS INDEPENDENT SCHOOL DISTRICT 1420 EIDSON ROAD EAGLE PASS, TEXAS / On behalf of the above-named contracting entity or individual, I hereby certify the following (Check One): No employees, including myself, have continuing duties related to the contracted services and/or will have direct contact with students; therefore, I/we do not have any covered employees and no criminal background check is required. All employees, including myself, who have continuing duties related to the service(s) to be performed at the District and who also have direct contact with students have undergone the required criminal history background check (employed before January 1, 2008) or national criminal history record information review, which may include fingerprints and photographs (employed on or after January 1, 2008) and that no prohibited contact as described herein was revealed. I have attached a list of employees, including myself, who have or will have continuing duties related to the contract and who will have direct contact with students. None of these individuals has a reported criminal history that would render the employee ineligible for service at a Texas public school district. Upon request, I will make available for the District s inspection the criminal history record information of any covered employee. I will notify the District within three business days if I receive information that a covered employee has been convicted of a criminal offense that would render the individual ineligible for service at a Texas public school district under state law. I agree that if the district objects to the assignment of a covered employee to the district, on the basis of the covered employee s criminal history record information, I will discontinue such assignment, or my contract with the District may be terminated. SIGNATURE OF PERSON DOING BUSINESS WITH THE GOVERNMENTAL ENTITY DATE The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 174 EPISD CONSULTANT CONTRACT - PAGE 9 OF 10 (REV-6/08)

180 EAGLE PASS I.S.D. - NOTICE OF GRANT AWARD RECEIPT AFFIDAVIT (FOR CONTRACTS USING FEDERAL FUNDING) Vendor hereby acknowledges and accepts that any contracts or agreements using federal funds entered into by vendor and the Eagle Pass Independent School District (EPISD) shall be contingent on, and be executed after, receipt of Notice of Grant Award (NOGA). The contracting period for this contract or agreement shall be aligned to the grant period of availability as stated on the NOGA received by EPISD. Services shall be completed during the effective dates of the contract and invoiced to EPISD after the services are performed by vendor and verified by EPISD. If the NOGA is not received by EPISD to fund the contract or agreement, the contract or agreement between the vendor and EPISD shall become null and void. Company Name Printed name of authorized company representative Title of authorized company representative Signature and date of authorized company representative Page 175

181 EAGLE PASS INDEPENDENT SCHOOL DISTRICT 1420 EIDSON ROAD EAGLE PASS, TEXAS / FOR DEPARMENT OF PURCHASING USE ONLY CONSULTANT CONTRACT CHECKLIST 1. CONSULTANT CONTRACT YES NO 2. ATTACHMENTS TO CONSULTANT CONTRACTS (RÉSUME; TAX FORMS; ETC.) YES NO 3. NON-COLLUSION STATEMENT YES NO 4. FELONY CONVICTION NOTICE YES NO 5. DEBARMENT AND SUSPENSION CERTIFICATE CERTIFYING STATEMENT YES NO 6. CONFLICT OF INTEREST QUESTIONNAIRE YES NO 7. CERTIFICATION OF CRIMINAL HISTORY RECORD INFORMATION YES NO 8. CONSULTANT CONTRACT DISCLOSURE FORM YES NO 9. APPROVAL BY EPISD BOARD OF TRUSTEES YES NO 10. PURCHASE ORDER(S) NO. RECEIVED BY: PURCHASING DIRECTOR DATE The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page 176 EPISD CONSULTANT CONTRACT - PAGE 10 OF 10 (REV-6/08)

182 EAGLE PASS INDEPENDENT SCHOOL DISTRICT CONSULTANT CONTRACT DISCLOSURE FORM (TO BE COMPLETED BY REQUESTOR) 1. Name and Title of Requestor 2. Name of Campus/Department 3. Name of Company, Firm, or Vendor being Contracted (Contact Name, Address, City, State, Phone Number) 4. Total Requested Contract Amount $ 5. What is the funding source for this contract (Federal, State, and/or Local Budgeted Funds) Have there been any additional contract(s) with this company, firm, or vendor during this fiscal year? If yes, please list? 7. Will there be any additional contract(s) with this company, firm, or vendor during this fiscal year? If yes, please list? 8. What other Company, Firm, or Vendor was/were considered to provide these contracted services? 9. What specific criteria were used for selecting the recommended contractor? Please list? 10. Does this contracted service support the District Improvement Plan? If yes, please explain and attach pertinent section of DIP Plan. The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page EPISD CONSULTANT CONTRACT DISCLOSURE FORM - PAGE 1 OF 2 (REV-2/08)

183 EAGLE PASS INDEPENDENT SCHOOL DISTRICT CONSULTANT CONTRACT DISCLOSURE FORM 11. Does this contracted service support your Campus Improvement Plan? If yes, please explain and attach pertinent section of CIP Plan. 12. Please summarize the purpose of this contracted service and what specific program(s) will benefit from this contracted service? 13. Does this Company, Firm, or Vendor meet the requirements under Senate Bill 9 having obtained state and national criminal history background searches on their employees? APPROVAL SIGNATURE OF REQUESTOR DATE NAME OF REQUESTOR SIGNATURE OF DIRECTOR/COORDINATOR DATE NAME AND TITLE OF DIRECTOR AND COORDINATOR SIGNATURE OF ASST. SUPT./EXEC. DIRECTOR DATE NAME AND TITLE OF ASST. SUPT./EXEC. DIRECTOR FOR DEPARTMENT OF PURCHASING USE ONLY The Eagle Pass Independent School District does not discriminate on the basis of sex, disability, race, color, age, or national origin in its educational programs, activities, or employment as required by Title IX, Section 504 and Title VI. Page EPISD CONSULTANT CONTRACT DISCLOSURE FORM - PAGE 2 OF 2 (REV-2/08)

184 EXPEDITING OF PURCHASE ORDERS (PP093) I. PURPOSE To establish a uniform method of assuring prompt completion of purchase orders. II. SCOPE This procedure applies to all purchase requests. III. GENERAL In order to accomplish prompt receipt of materials as required by the District, the Department of Purchasing shall: a. Review the Receiver File Regularly 1. Examine all purchase orders past due. 2. Past due purchase orders will constitute those which have been outstanding over 30 days or as appropriate. b. Follow-up with Past Due Purchase Orders 1. Follow-up procedures will be by: a) Letter b) Phone c) Fax d) c. Notification to Campuses/Departments of Purchase Order Status 1. Campus and Departments are notified of their purchase order status by: a) Phone, Fax or . b) Central Receiving will be notified of anticipated ship dates or cancellations. c) Accounts payable will be notified of any cancellations or changes to the purchase order. Page 179

185 DELIVERY OF ORDERS (PP097) I. PURPOSE The purpose of this procedure is to establish a standard method and centralized location for delivery of all orders placed by the Department of Purchasing. II. SCOPE This procedure applies to all orders. III. PROCEDURE a. All orders shall be received at the District s Central Receiving Warehouse. b. Upon receipt, orders will then be checked against the purchase order (yellow copy) as listed on the outside of the box and/or packing list provided by vendor. c. The delivery of the received items shall be done on the following business day to the pertinent location as indicated on the purchase order. d. In the event that items are received without an authorized purchase order, a Miscellaneous Shipment Report will be completed by the personnel of the Central Receiving Warehouse. Upon verification of the shipment and approval by the Department of Purchasing those items will be delivered accordingly to the respective campus or department. Page 180

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