HomeMy WebLinkAboutContract 39691CONTRgCTENpRY 3ct�
MEMORANDUM OF UNDERSTANDING
Between
Fort Worth Independent School District
and
The City of Fort Worth
1. This agreement ("Agreement") is made and entered into between the City of Fort Worth, a
home rule municipal corporation of the State of Texas ("City"), acting by and through Tom
Higgins, its duly authorized Assistant City Manager, and the Fort Worth Independent
School District, a political subdivision of the State of Texas located in Tarrant County and a
legally constituted Independent School District ("District"), acting by and through Raymond
G. Dickerson, its duly authorized President, Board of Trustees.
2. PURPOSE. This MOU facilitates the District's and the City's responsibilities under the U.S.
Department of Justice, 2009 Community Oriented Policing Services - Secure Our Schools
Grant Program ("COPS SOS Grant Program"). The purpose of this MOU is to enhance the
working relationship between the parties in order to facilitate effective implementation of the
COPS SOS 2009 Grant Program. The Grant Funds provide for the purchase and installation
of a digital video surveillance system ("Equipment") for District's High Schools and Middle
Schools located in the City of Fort Worth. The COPS SOS Grant Program will fund 50
percent of the total award. The District will provide 50 percent cash match of the total award.
The total award is $919,100.00 (collectively, the "Grant Funds") to implement this program.
3. TERM. The term of this MOU is for a period beginning when the agreement is signed by
both parties, and ending on August 31, 2011, unless terminated or extended by mutual
agreement
4. RESPONSIBILITIES:
A. DISTRICT:
1. Participate in a collaborative effort with the City in the grant execution,
administration, and implementation of the 2009 COPS SOS Grant Program.
2. Act as the purchasing agent in coordination with the City in accordance with the
District's Purchasing Procedures as set for the in Exhibit "A" (District Purchasing
Procedures), attached hereto and incorporated herein for all purposes. Agrees to
provide the City with the purchasing specifications, by line item number, description,
and cost and other purchasing information as requested by the City.
3. Agree to provide the required matching cash payment of $459,550.00 by setting aside
the matching funds within district financial records in a manner consistent with
regulations that govern grant accounting standards.
Memorandum of Understanding
District and City of Fort Worth
2009 COPS SOS Grant Program
OFFlCIAI< RECORD
CITY SECRETARY 3
FT. II°�t�F,T it TX s" 1 of 7
a
4. Shall meet all COPS SOS Grant Program requirements pertaining to administration
and reporting, as set forth in Exhibit `B" (Grant Requirements) and "C" (Grants
Owner's Manual), attached hereto and incorporated herein for all purposes.
5. Shall be responsible for any future maintenance, warranties, or replacement once the
Equipment is installed by the District.
6. Accept conveyance from City of all title, ownership, control and rights in and to the
Equipment as of the date of purchase.
B. City:
1. Agree, as the grant recipient of the COPS SOS Grant Program, to participate in a
collaborative manner with the District throughout the Term.
2. Fully convey to District all title, ownership, control and rights in and to the
Equipment as of the date of purchase. City makes no warranty of quality or condition
as to the Equipment.
3. Oversee, through its Fort Worth Police Department, Grants and Contracts
Management Division, the administration, reimbursement process, and reporting for
the sub -recipient (District) grant funded activities.
4. Will not be responsible for maintenance, warranties, and or replacement of any and
all Equipment purchased with the Grant Funds.
5. Reimburse District, allowable program expenditures, upon receipt of an acceptable
invoice submitted to the City by the District. Reimbursement will be contingent upon
receipt of funds from the Department of Justice.
5. POINTS OF CONTACT
A. District
The primary POC is Art Cavazos, Assistant Superintendent, District Operations at 817-
871-2880 and email address for Art Cavazos: art.ca� azos cr t-wisd.c�r�. Mark Bethany,
Emergency Preparedness Coordinator, also serves as a point of contact and can be
reached at 817-871-3104 and email address for Mark Bethany: mark.bethanvi&twisd.tlrs;I
Mirgitt Crespo, Grants Department, will serve as an additional POC and can be reached
at 817471-2427 (office) and email address for Mirgitt Crespo:
i�Iirg,itt.cresporel?twisd.org.
B. City
The primary POC is Gerald L. Chandler, Contract Services Administrator, Fort Worth
Police Department at (817) 392-4219. Email address: <�erald.chandlertcr�fi�rtw�lrth ��r.r��•
Memorandum of Understanding 2 of 7
District and City of Fort Worth
2009 COPS SOS Grant Program
and Sasha Kane also serves as a point of contact and can be reached at 817-3924243 and
email address: sasha.kan�;«c�fortworth ro�cn4.
6. ENTIRETY OF AGREEMENT. This MOU represents the entire and integrated agreement
between the parties and supersedes all prior discussions and negotiations, representations and
agreements, whether written or oral as related specifically to the COPS SOS Grant Program,
7. IMMUNITY. The Parties and their respective governing bodies do not waive their
sovereign immunity by entering into this MOU, and each fully retains all immunities and
defenses provided by law with respect to any action based on or occurring as a result of this
MOU.
8. INDEPENDENT ENTITIES. By executing this MOU, each entity agrees to work together
to secure total funding and to purchase and install the digital surveillance system. However,
the entities are independent of one another and are not legally "partners" to the extent that the
term encompasses joint and several liabilities. Each legal entity under this MOU is
responsible for its own employees, representatives, and agents.
9. SEVERABILITY. Nothing in this MOU is intended to conflict with current law or
regulation or the directives of the District or the City. If a term of this MOU is inconsistent
with such authority, then that term shall be invalid, but the remaining terms and conditions of
this MOU shall remain in full force and effect.
10. EFFECTIVE DATE. The terms of this MOU will become effective on the date it is signed
by both parties. This MOU is null and void if funds are not awarded.
11. MODIFICATION. This MOU may be modified upon the mutual written consent of the
parties.
12. TERMINATION. This MOU will remain in effect until expiration of the Term, unless one
of the parties requests to terminate the MOU with 60 days notice to the other party. The
requirements for grant program and financial reporting will survive any termination date.
13. NOTICE. Notices to be provided hereunder shall be sufficient if forwarded to the other
party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the
address of the other parry shown in Section 1 of this MOU.
14. RIGHT TO AUDIT. District agrees that the City shall, until the expiration of three (3)
years after the Term, have access to and the right to examine any directly pertinent books,
documents, papers and records of District involving the COPS SOS Grant Program. District
agrees that the City shall have access during normal working hours to all necessary District
facilities and shall be provided adequate and appropriate workspace in order to conduct
audits in compliance with the provisions of this section. The City shall give District
reasonable advance notice of intended audits.
This Section 14 shall survive the expiration or termination of this MOU.
Memorandum of Understanding 3 of 7
District and City of Fort Worth
2009 COPS SOS Grant Program
15. VENUE/JURISDICTION. Should any action, whether real or asserted, at law or in equity,
arise out of the execution, performance, attempted performance of this MOU, venue for said
action shall lie in Tarrant County, Texas.
16. NON -WAIVER. The failure of City or District to insist upon the performance of any term
or provision of this MOU or to exercise any right herein conferred shall not be construed as a
waiver or relinquishment to any extent of City's or MOU's right to assert or rely upon any
such term or right on any future occasion.
CITY OF FORT WORTH FORT WORTH INDEPENDENT Of
SCHOOL OISTRICT�
Je ey W. Aalsteaa
Chief of Police
Date: �Z-Z� D 9
Tom Higgins
Assistant City Manager
Date: 111`>Zo
APPROVED AS TO FORM
AND LEGALITY:
Assistant City Attorney
Date:
ATTEST:
Marry Hendrixb
City Secretary
Date:
��a�r��
L RECi�R®
Memorandum of Untie st n
District and City of>?ort:VV'oTt�EC�ETARY
2MY COPS SOS Grant Pr J4 TH, TX
6
Raymond. Dickerson
President, Board of Trustees
Rangel °
Mary, Board of Trustees
tract Authazizatio�
Aquionty
�
ll
M&C: D`'
Contract No.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLAND]
Memorandum of Understanding 5 of 7
District and City of Fort Worth
2009 COPS SOS Grant Program
EXHIBIT "A"
Grant Purchasing Procedures for COPS SOS Grant
We will attach a copy of District's Purchasing Procedures as Exhibit A.
Memorandum of Understanding 6 of 7
District and City of Fort Worth
2009 COPS SOS Grant Program
for worth Independent Scloo !strict ( WI »)star ha %a Manual
or{ l
wmKNKNfSCHOOL DfISmq
Fort Worth Independent School District (FWISD) Purchasing Manual
SECTI®N 1
FWISD Purchasing Department Mission Statement, Goals, and Objectives
Mission Statement, Goals and Objectives 6
SECTION 2
Statues, Regulations, and Board Policy Applicable To Purchasing
Statues, Regulations, and Board Policy 7
SECTION 3
Purchasing Authority
Purchasing Authority 8
SECTI®N 4
Purchasing Ethics
Sequential Purchases 10
Component Purchases 10
Separate Purchases 10
Conflict of Interest 10
Gifts 11
Financial Interest 11
Personal Use 11
Equal Consideration 11
Relatives 11
Texas Education Code 44.032 1142
SECTI®N 5
Control Enviromnent 13
Rislc Management 14
Responsibilities 15
Chief Financial Office 15
Purchasing Director/Manager 15
Purchasing Director/Manager/Buyers 15
Assigned Budget Owners 15
Purchasing Card Administrator 1546
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Purchasing Card Holders 16
All Employees 16
Internal Audit Director 16
omUetitive Procur
Centralized Purchasing Function 17
Decentralized Decision Making 17
Purchases over $50,000 (Board Approval Required) 17
Purchases over $50,000 18
Exceptions to Competitive Bidding 18
Professional and Consulting Services 18
Emergency Procurements 19
Sole Source Procurements 20
Advertisement 20
Competitive Bidding 21
Purpose and Intent of Competitive Bidding 21
Tie Bids 21
Competitive Sealed Proposals (CSP) 21
Request for Proposals (RFP) 22
Components of the Request for Proposals 22
Negotiation 22
Evaluation/Contract Award Criteria 23
Out of State Bidders 23
Cooperative /Interlocal Agreement Purchases 24
Texas Association of School Boards (TASB BuyBoard) 24
The Cooperative Purchasing Network (TCPN) 24
Texas Procurement and Support Services (TPASS) 25
TXMAS 25
DIR 25
Educational Purchasing Cooperative of North Texas (EPCNT) 26
Purchasing Methods Regarding Facilities Construction 26
Model for the Competitive Procurement Process 27
Rejected Bids 31
Right to Protest 31
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Approved Vendor List 33
Munis Vendor List 33
Vendor Mailing List (Email Notification System (ENS)) 34
New Vendors 34
Vendor Performance Evaluation 34
Visits from Vendors 35
Requisition and Purchase Order Processing
Overview 36
Small Purchases 36
Requisition Process 36
Requisition Format 37
Requisition Status 38
Specific Types of Requisitions 38
Blanket Purchase Orders 38
General Supplies 38
Maintenance 39
Sam's Club/Costco 39
Pre -pays 39
Car Rentals 39
Charter Buses 40
Field Trips 40
Temporary Services 41
The Technology Procurement Requests System (TPRS) 41
?,-School Mall (Online ordering system) 41
Vendor Selection 41
Commodity Codes 42
Budget (Object) Codes 42
Shipping Destination 43
Requisition by Departments for School Campuses 43
Warehouse Requisitions 44
Internal Finance Purchase Orders 44
Purchase Orders 44
Purchase Order Status 44
Purchase Order Process 45
Purchase Order Procedures 45
Material Preview Purchase Order 46
Purchase Order Closure 46
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Fort Worth Independent School District (FWISD) Purchasing Manual
End User's Responsibilities 46
Purchasing Department Responsibilities 48
Purchasing Card (P-Card) Program 48
wriva I M91'I
Centralized Receiving and Decentralized Receiving 50
Online Receiving Records 50
Physical Receiving Procedures 50
F.O.B Destination 51
F.O.B Origin 52
Inspection Procedures 52
Resolving Discrepancies 53
SECTI®ITT 10
Board of Trustees Approval
Categories for Board Approval 55
Requirements for Letters to the Board 55
Cut-off Dates 56
SEC'TI®l�T 11
Glossary of Terms
Glossary of Terms 57
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Fort Worth Independent School District (FWISD) Purchasing Manual
. is I OEM N MA
To support the educational goals of the Fort Worth Independent School District by acquiring the
necessary resources through prudent purchasing practices and excellent customer service.
• To provide quality products, services, and material to the District, at the best value, in
accordance with relevant statues and policies.
• To foster good vendor relations and a strong competitive environment.
• To assist in the prudent use of District resources through efficient use
warehouse, competitive bidding and proposals, purchase cards, and
process.
• To promote and apply ethical business practices.
• To educate and train District personnel.
• To improve processes and implement the best purchasing practices.
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of the District
purchase order
Fort Worth Independent School District (FWISD) Purchasing Manual
APPLICABLE B OPURCHASING
1. The Texas School Law Bulletin (Primarily sections 44.031 through 44.036). An elecri•onic
version of the Texas State Education Code can be obtained at the following website address:
http://NN,xvvw.capitol.state.tx.us/statutes/ed.too.htm
2. The Texas Education Agency (TEA) Financial Accountability System Resource Guide
Purchasing Module. The TEA Resource Guide can be accessed at the following website
address: http://www.tea,state,tx,us/school.finance/audith•esauide9/pLi chase/.
3. Fort Worth Independent School District's Board Policy (Sections CH...). The FWISD Board
Policy can be accessed at the following website address: http://www.fwisd.org/
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PURCIIA�I1�tG AU'I'�I® TY
Under the Texas Education Code § 44.0312 (a), the board of trustees of the District may, as
appropriate, delegate its authority under this subchapter regarding an action authorized or
required by this subchapter to be taken by a school District to a designated person,
representative, or committee.
1. The following persons have been delegated authority to act as agents for FWISD in
carrying out the purchasing activities of the District:
a. Chief Financial Officer
b. Executive Director of Purchasing
c. Purchasing Manager
d. Purchasing Department Buyers
2. Budget owners have the authority to initiate and approve purchase requisitions within
their authorized budget.
3. Purchasing Card (P-Card) holders have the authority to make purchases in accordance
with statues, Board policy, and the Purchase Card manual.
4. Every employee involved in procuring goods or services for the District is responsible for
earnestly working to attain the District's procurement goals and objectives (See Section
1).
5. Principals share purchasing authority with the purchasing department concerning
purchases made from Internal Finance Funds.
Under Board policy CH (Local) the procurement function is assigned to the Chief Financial
Officer.
The purchasing department shall supervise the purchase of all materials, supplies, equipment,
and services for the District.
The purchasing department shall develop appropriate procedures to assure:
• Purchases are made in accordance with appropriate statues, regulations, and Board
policy.
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• The existence of a list of approved vendors who have a record of good products, services,
and prices.
• Effective advertising for the procurement of products and services and for the sale of
used, obsolete, and surplus materials, supplies, and equipment.
• The existence of cm•rent specification files and expertise in developing meaningfi�l
product and service specifications.
Under• Board policy CH (Local) Responsibility for Debts, 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 adopted Board policy and current administrative procedures. The Board shall
not be responsible for debts incurred by persons or organizations not directly under Board
control; persons making unauthorized purchases shall assume full responsibility for all such
debts.
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Public purchasing and the expenditure of public funds require that ethical standards be
incorporated into every aspect of the District's purchasing functions. Purchasing personnel and
school District employees face the difficult task of developing good vendor relations and
encouraging vendor competition while avoiding even the appearance of favoritism or other
ethical misconduct. In an effort to get the job done successfully and on time, one may be
tempted to circumvent policies, procedures, and laws, or make their own liberal "legal"
interpretations of existing policies. Such activity, although well intentioned, will cause ethical
problems.
In addition to the information provided in this section, please read the following Board Policy
and Administrative Regulation:
• Board policy DH (Legal/Local), Employee Standards of Conduct. This policy resides on
the District's web site.
• Administrative Regulation Section DH: Employee Standards of Conducts location on the
First Class Email system/Administrative Regulations.
The Texas Education Agency (TEA), Financial Accountabilit)� System Resource Guide —
General Ethical Standards and other documents, prescribes common standards of ethics
governing the conduct of employees involved in the purchasing function, which are incorporated
in the procedures prescribed below.
Sequential Purchases —District employees shall not make purchases, over a period, of items
that in normal purchasing practices would be made in one purchase.
Component Purchases —District employees shall not make purchases of the component parts of
an item that in normal purchasing practices would be made in one purchase.
Separate Purchases —District employees shall not make purchases separately in order to
circumvent board approval of items that in normal purchasing practices would be made in one
purchase.
Conflict of Interest —Local Government Code Chapter 176 provides information regarding
conflict of interest statements to be filed by vendors and certain school district employees. HB
1491 passed by the 80th Legislature made modifications to the requirements for conflict of
interest statements. Refer to the Texas Ethics Commission website for additional information and
sample forms.
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Fort Worth Independent School District (FWISD) Purchasing Manual
His - A district employee who exercises discretion in connection with contracts, purchases,
payments, claims, or other pecuniary transactions shall not solicit, accept, or agree to accept any
benefit from a person the public servant knows is interested in or likely to become interested in
any such transactions of the District. Penal Code 1.07(41)(A), (E), 36.08(d)
Financial Interest -District employees shall not participate directly or indirectly in procurement
when the employee or the employee's family member has a financial interest pertaining to the
procurement.
Personal Use -District employees shall not make any commitment to acquire goods or services
in the name of the District for personal use or ownership.
Equal .Consideration - District employees shall grant all competitive suppliers equal
consideration insofar as state or federal Laws and District policy permit. This is especially
important when evaluating bids and proposals.
Relatives - No District employee with purchasing authority may authorize the purchase of
anything from any person or from any firm that is controlled, owned, or operated by that
employee or from a relative within the second degree by blood or marriage of the employee.
(b) An officer, employee, or agent of a school district commits an offense if the person with
criminal negligence makes or authorizes separate, sequential, or component purchases to avoid
the requirements of Section 44.031(a) or (b). An offense under this subsection is a Class B
misdemeanor and is an offense involving moral turpitude.
(c) An officer, employee, or agent of a school district commits an offense if the person with
criminal negligence violates Section 44.031(a) or (b) other than by conduct described by
Subsection (b). An offense under this subsection is a Class B misdemeanor and is an offense
involving moral turpitude.
(d) An officer or employee of a school district commits an offense if the officer or employee
knowingly violates Section 44.031, other than by conduct described by Subsection (b) or (c). An
offense under this subsection is a Class C misdemeanor.
(e) The final. conviction of a person other than a trustee of a school district for an offense under
Subsection (b) or (c) results in the immediate removal from office or employment of that person.
A trustee who is convicted of an offense under this section is considered to have committed
official misconduct for purposes of Chapter 87, Local Government Code, and is subject to
removal as provided by that chapter and Section 24, Article V, Texas Constitution. For four
years after the date of the final conviction, the removed person is ineligible to be a candidate for
or to be appointed or elected to a public office in this state, is ineligible to be employed by or act
as an agent for the state or a political subdivision of the state, and is ineligible to receive any
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compensation through a contract with the state or a political subdivision of the state. This
subsection does not prohibit the payment of retirement benefits to the removed person or the
payment of workers' compensation benefits to the removed person for an injury that occurred
before the commission of the offense for which the person was removed. This subsection does
not make a person ineligible for an office for which the federal or state constitution prescribes
exclusive eligibility requirements.
(f) A court may enjoin performance of a contract made in violation of this subchapter. A county
attorney, a district attorney, a criminal district attorney, a citizen of the county in which the
school 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.
Employees involved in the purchasing process are exposed to more than ordinary temptations
because they are in involved with the expenditure of large amounts of public money. Strict
adherence to the above standards are critical to the protection of the employee's and the
District's reputation. Any violations to these standards shall be reported immediately to the
District's Fraud, Waste, and Abuse Hotline at 81M71w2112.
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Texas Education Agency guidance states that "A district needs a strong control environment in
which to perform the purchasing function". Three activities govern a strong and successful
control environment:
1. A comprehensive purchasing manual.
2. Monitoring purchasing activities by all employees involved with the procurement of
goods and services.
3. Training personnel on purchasing procedures.
The purchasing nzaitual is a primary tool for establishing a strong control environment and
must be adhered to by employees of the District. The purchasing manual provides written
procedures designed to detect and prevent the circumvention of statutes, regulations, and board
policy applicable to purchasing.
If a situation occurs which is not addressed in the purchasing manual, it should be brought to the
attention of the purchasing department to determine the proper course of action. If it is likely
that this situation will reoccur, the proper procedures will be included in a revision to the
purchasing manual.
In addition to the purchasing manual, the following activities enhance the control environment
and require monitoring by those involved in procuring goods and services:
• Approval of pu�•chase requisitions at the campus autl tlepartmeutal levels. The campus
principal or department head should review for need and approve purchase requisitions
before they are submitted to the centralized purchasing department for processing. If a
purchase is grant funded, approval by the appropriate compliance officer is required.
• Approval of purchase orders. The purchasing buyer and or other designated personnel
will review requisitions for compliance before approving purchase orders for issuance to
vendors.
• Supervision of purchasing process. Vigilance in the supervision of the entire
purchasing function on a daily basis is essential.
• Segregation of duties among purchasing and accounting personnel. The Purchasing
and Accounting Directors, along with the Chief Finance Officer, and ultimately the
Superintendent are responsible to ensure that duties among purchasing and accounting
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Fort Worth Independent School District (FM SD) Purchasing Manual
personnel are properly segregated (to the degree possible) to provide a checks -and -
balances environment.
• Maintenance of purchasing files and records. The purchasing staff should be trained
and supervised so that purchasing files and records are complete and maintained in an
orderly fashion for the period required by law.
• Control. over incoming merchandise. Receiving personnel (either centralized or
decentralized) should be trained and monitored to ensure that the proper procedures are
followed with incoming merchandise (i.e., the counting and inspection of merchandise
received, and the completion of receiving reports).
• Verifcation of invoices with purchase orders and on-line receiving information.
Although receiving personnel are responsible for the initial verification, accounts
payable personnel verify that the invoice, the purchase order, and the on-line receiving
information match before presenting the invoice for approval for payment.
• Verification of delivery. All campuses and/or departments are responsible for ensuring
that the deliveries are in agreement with its original purchase order.
• Internal review of the purchasing processes. An internal review of the purchasing
activities should be performed periodically. This review is usually conducted by the
District's internal audit department and ensures that purchasing policies and procedures
are being followed by district personnel.
• Training of district persotnel. Formal training is conducted at least annually normally
at the beginning of the school year. However, training and communication should be
ongoing throughout the school year through revisions to the purchasing manual and
emails/newsletters to a purchasing news group.
Risk Management
There are numerous risks factors associated with the procurement of goods and services. A few
examples would include:
• Violating statues and regulations governing appropriate procurement methods.
• Failing to comply with Board policies.
• Initiating purchases without Board approval or an approved purchase order.
• Abusing purchasing authority and committing fraud.
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Responsibilities
In order to maintain a strong control environment for the procurement function, the following
responsibilities and actions shall be taken in order to minimize risk.
Chief Financial Officer
• Shall establish and maintain a reliable and financially accountable control environment
for procuring goods and services.
Purchasing Director/Manager
• Shall assign responsibilities and establish procedures within the Purchasing Department
for monitoring procurements in order to comply with the statutory requirements and
Board policies.
• Shall continually monitor the District's procurement activities, assess risks, and improve
the procurement control activities.
Purchasing Director/ManagerBuyers
• Shall be the only authorized personnel to make purchase commitments and issue
purchase orders. Because schools and departments must contact vendors to obtain
information to prepare purchase requisitions, it must be communicated and explained to
the vendor that the request for information does not represent a commitment to purchase.
Assigned Budget Owners
• Shall plan purchases for• each budget year in order to maximize opportunities to use
competitive procurement options.
• Shall coordinate purchases with the Purchasing Department for competitive procurement
if no approved vendor exists for the particular purchase.
• Shall process all requests for procurements that costs or aggregate to a cost of $50,000 or
more through the Purchasing Department for Board approval.
• Shall only initiate and approve purchase requisitions that are within their approved
budget and ensure proper account coding.
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Purchasing Card Administrator
• Ensure that the use of purchasing cards is in compliance with District policies and
procedures.
Purchasing Card Holders
• Shall only make purchases within authorized expenditure limits and in accordance with
the District's purchasing procurement card policies and procedures.
All employees
• Shall strictly adhere to the Board policy and this manual to control procurement
activities.
Internal Audit Director
• Evaluate and make recommendations to improve the effectiveness of the control
environment and to reduce risk.
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Fort Worth Independent School District (FM SD) Purchasing Manual
Centralized Purchasing Function
From a supply and demand perspective, the purchasing department seeks to complete the
competitive procurement process prior to the District's need.
FWISD utilizes centralized purchasing. Centralized purchasing is the act of combining related
items or commodities of various schools and departments to coordinate purchases and obtain
better prices. Centralized purchasing enables a district to coordinate purchases when two or more
campuses or departments have common requirements for supplies, equipment, and or services.
The centralized purchasing function is used to coordinate purchases of two or more campuses or
departments as follows:
• Combining on purchase order forms the individual purchase requirements of two or
more teachers, departments, or campuses; and
• Arranging for favorable purchase terms, for example discount from retail or catalog
prices, for items to be purchased as needed" by individual employees.
• Providing the proper purchasing mechanism to ensure district compliance with state laws
and local policies.
Decentralized Decision Making
FWISD also utilizes decentralized decision making to schools and departments. From a
purchasing perspective this means the schools and departments (the end -users) determine what
they need and when they need it. These subject matter experts determine how to best meet the
needs of our students. However, the final commitment of District funds can only occur by the
Purchasing Department.
Purchases over $50,000 (Board Approval Required)
Any purchase order or contract not supported by a purchase order that exceeds $50,000 shall
require Board approval before a transaction may take place.
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Fort Worth Independent School District (FWISD) Purchasing Manual
Except as provided by this subchapter, all school district contracts, 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, of the following methods, that provides the best
value for the district.
(1) competitive bidding;
(2) competitive sealed proposals;
(3) a request for proposals, for services other than construction services;
(4) an interlocal contract;
(5) a design/build contract;
(6) a contract to construct, rehabilitate, alter, or repair facilities that involves using a
construction manager;
(7) a job order contract for the minor construction, repair, rehabilitation, or alteration of a
facility;
(8) the reverse auction procedure as defined by Section 2155.062(d), Government Code; or
(9) the formation of a political subdivision corporation under Section 304.001, Local
Government Code.
idding -Texas Education Code 44.®31 Exceptions to Competitive B
(a) and (b)
1. Professional and Consulting Services
Under Texas Education Code 44.031 (f), this section (Competitive Bidding) does not apply to
a contract for professional services rendered, including services of an architect, attorney,
or fiscal agent. A school district may, at its option, contract for professional services rendered
by a financial consultant or a technology consultant in the manner provided by Section 2254.003,
Government Code, in lieu of the methods provided by this section. NOTE: federally funded
professional service contracts must be let on a competitive basis.
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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.
• Attorney
• Fiscal agent
• Financial consultant
• Technology consultant
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. Government Code
2254.002, 2254.003(a).
According to Fort Worth ISD Local Policy CH (Local), when a purchase order for professional
and consulting services exceeds $50,000, these services shall be formally, competitively acquired
using the Professional Services Procurement Act, Texas Government Code Chapter 2254, except
for those sole source items as described in Texas Education Code 44.031.
2. Emergency Purchases
Under Texas Education Code 44.031 text of subset. (h) as amended by Acts 1999, 76th Leg., ch.
922, if school equipment, a school facility, or a portion of a school facility is destroyed, severely
damaged, or experiences a major unforeseen operational or structural failure, and the board of
trustees determines that the delay posed by the contract methods required by this section 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 portion of the school
facility may be made by a method other than the methods required by this section.
Under Texas Education Code 44.031 text of subset. (h) as amended by Acts 1999, 76th Leg., ch.
1225, If school equipment 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 of trustees determines that the delay posed by the
methods provided for in this section would prevent or substantially impair the conduct of classes
or other essential school activities, then contracts for the replacement or repair of the equipment
or the part of the school facility may be made by methods other than those required by this
section.
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According to Fort Worth ISD Local Policy CH (Local), the Board delegates the authority to
make emergency purchases where school equipment or facilities are destroyed, severely
damaged, or experience a major unforeseen operational or structural failure, to the
Superintendent, deputy superintendent, or division chief; any such emergency purchase shall be
subsequently reported to the Board.
The district has an emergency affidavit to document purchases made under the emergency
purchase exception. The emergency affidavit may be found on the Districts Purchasing Portal
https://portal.fvvisd.org_/ptu•chasing. Additionally, emergency purchases that exceed $50,000 shall
be subsequently reported to the Board.
3. Sole Source Purchases
Under Texas Education Code 44.031 (j), without complying with Subsection (a), a school district
may purchase an item that is available from only one source (commonly called sole source or
single source). Included in the definition of sole source items are the following:
1. An item for which competition is precluded because of the existence of a patent, copyright,
secret process, or monopoly;
2. A film, manuscript, or book;
3. A utility service, including electricity, gas, or water, and
4. A captive replacement part or component for equipment.
Note: Sole source does not apply to mainframe data-processing equipment and peripheral
attachments with a single item purchase price in excess of $15,000.
The district. has a sole source affidavit to document purchases made under the sole source
purchase exception. The sole source affidavit may be found on the Districts Purchasing Portal
https://portal.fwisd.org/purchasing. Additionally, sole source purchases that exceed $50,000
require Board approval prior to the transaction taking place.
Advertisement
Under Texas Education Code 44.033 (b), 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. The two week advertisement requirement is a minimum requirement,
additional time may be necessary based on the complexity of the bid/proposal. In addition to the
news paper, FWISD utilizes the World Wide Web to advertise all bid/proposal opportunities and
to increase its competitive environment. Our website address is
www. fwisd. org/departments/purchasing_
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Competitive Procurement
Compeve bidding is a formal process consisting of procedures that may also be referred to as
competitive sealed bidding, or more simply as bids.
The request for bids contains the purchase description or specifications covering the item(s)5 the
terms and conditions for the bid contract, the time and place for opening bids and other
provisions, as necessary. The advertisement for bids; and description in the request for bids of
item(s), and specific terms and conditions must be done in a manner that accomplishes the
primary purposes of competitive bidding - stimulate competition and obtain the best value for the
goods/item(s) needed.
Purpose and Intent for Competitive Bidding
The purpose and intent of competitive bidding is to help public schools secure the best materials
at the best value by stimulating competition. If a district advertises purchasing needs relating to
large expenditures, purchasing in large quantities will normally result in greater cost savings (in
the aggregate) or lower costs per unit/item.
Tie Bids
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 uem(s).
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
casting of lots. In all other cases, one of the identical bids shall be selected by the casting of lots.
The Board shall prescribe the manner of casting of lots and shall be present when the lots are
cast. All qualified bidders or their representatives may be present at the casting of lots.
Competitive Sealed Proposals (CSP)
The use of Request for Competitive Sealed Proposals is normally used when competitive biddi�lg
is either not practicable or not advantageous to the district. Basically, competitive sealed
proposals allow for negotiations in addition to the basic bidding process. Terms and conditions
are identical as those for competitive bidding except any reference to bids should be changed or
interpreted as offers or offerors. Additionally, anything addressing the finality of the offer needs
to be disregarded because proposals are negotiable.
Request for Proposals (RFP)
Proposal procedures provide for full competition among proposals. The procedures allow for
negotiation with the proposer or proposers to obtain the best services at the best value. During
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the evaluation process prior to award of a contract, the negotiation process allows modification
and alteration of both the content of the proposals and price. The following note further explains
the primary difference between bids and proposals. (Note: The competitive bidding process
requires that bids be evaluated and awards be made solely upon bid specifications, terms and
conditions contained in the requestfor bids document, and according to the bid prices offered by
vendors and pertinent factors that may affect contract performance; no substantive changes are.
permitted to the bid terms, conditions and specifications).
Professional and nonprofessional service contracts involving federal funds ai•e required to be let
on a competitive basis, under 34 CFR Section 80.36 (Code of Federal Regulations). Competitive
procurement procedures, Section 44.031(a) (2)-(8), TEC, are for certain procurement situations
as an alternative to competitive bidding procedures. Chapter 2254, Government Code, prohibits
competitive bidding for certain types of professional services, including engineering,
architectural, accounting and certain other services, and requires a two-step procedure, as defined
in Chapter 2254, Government Code, for the procurement of architectural and engineering
services. Competitive proposal procedures are recommended, where other procurement
procedures are not required according to state or federal rules, laws or regulations, to stimulate
competitive prices for services.
In connection with certain professional service contracts, specifically architectural or
engineering, Chapter 2254, Government Code, requires a two-step negotiation process. The two-
step process only allows negotiation of price after an initial selection based upon demonstrated
competence and qualifications of the person/firm.
Below is an example of a RFCSP process. It may also be used for a RFP, with appropriate
modifications made to accommodate the less structured requirements of that method.
Components of the Request for Proposals
Notice �
Identical to Competitive Bidding.
Statement of Work
This includes a description of the service (and
associated goods if any) to be performed.
Proposal Clauses
Can be identical to the competitive bids, but may be
subject to negotiations.
Negotiation
Negotiation is the most difficult part of the Request for Proposal process, and the most difficult
to control. From the beginning of the process through contract award, it must be made clear to
vendors and using departments/campuses that designated person(s) may do the negotiation for
the district.
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Negotiation is subject to the same guidelines as any purchasing action: impartiality and equal
opportunity to compete.
As in any purchasing action, record keeping is vital, and accurate records of conversations must
be kept in order to prove fairness throughout the negotiating process.
Special requirements apply in connection with negotiating a contract for construction services.
Effective September 1, 1999, in connection with any contract for construction services for which
request for bids, proposals, or qualifications are published or distributed on or after that date, it is
important to note that offerors must be notified in writing when negotiations are terminated in
order to initiate negotiations with the next best ranked offeror.
Evaluation/Contract Award Criteria
Under Texas Education Code 44.031 (b), except as provided by this subchapter, in determining
to whom to award a contract, the district may consider:
1. The purchase price;
2. The reputation of the vendor and of the vendor's goods or 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 and rules relating to
historically underutilized businesses;
7. The total long-term cost to the district to acquire the vendor's goods or services; and
8. Any other relevant factor specifically listed in the request for bids or proposals. Factors
that the district may consider under this criteria would include:
• Vendor response time
• Compatibility of goods/products purchased with those already in use by the district.
Out -of --State Bidders
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 principle
place of business is not in the state, unless the nonresident underbids the lowest bid submitted by
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a responsible resident bidder by an amount that is not less than 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. Gov't Code 2252.001,
2252.002
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 2252.003, 2252.004
Cooperative/Interlocal Agreement Purchases
A centralized purchasing function can also be performed on a regional level through a
cooperative/interlocal agreement among districts or the regional education service center. Cost
savings through a regional centralized purchasing function are achieved through both discounted
prices and administrative cost savings to individual districts. If the district participates in a
cooperative purchasing program, it satisfies any law requiring it to seek competitive bids. Local
Government code 791.001, 7910011) 791,025 (b(-(f))* Atty Gen. Op. JC-37 (1999)
The most common cooperative/interlocal agreements utilized by our district are as follows.
Additionally each of these cooperatives maintain websites to awarded contract and vendors that
we can purchase from.
'Texas Association of School hoards ('I'ASB BuyBoard)
The Texas Local Government Purchasing Cooperative was created to increase the purchasing
power of government entities throughout Texas and to simplify their purchasing by using a
customized electronic purchasing system, called the BuyBoard. Each product and service on the
BuyBoard has been competitively bid and awarded based on Texas Statutes, thereby satisfying
the requirements under Texas Education Code 44.031 (a); (b). The website is
www.buyboard.com
The Cooperative Purchasing Network (TCPN)
The Cooperative Purchasing Network (TCPN) is the Region IV Education Service Center
cooperative purchasing program. Enabling statutes for TCPN can be found in the Government
Code, Title 7. Intergovernmental Relations, Chapter 791 Interlocal Cooperation Contracts,
Subchapter B, General Interlocal Contracting Authority, Subchapter C, Specific Interlocal
Contracting Authority.
TCPN is available for use by all public and private schools, colleges, universities, cities,
counties, and other government entities in the State of Texas. Participation in TCPN is not
required of government entities. However, participation by government entities can provide the
legally required competition for contracts for commonly purchased items thereby saving the
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individual entity the cost of going through the competitive process. Vendors with TCPN awarded
contracts have agreed to provide the best pricing, terms and conditions available to similar
customers. The website is www.tcpn.org.
Texas Procurement and Support Services (TPASS)
Texas Procurement and Support Services (TPASS) awards and manages hundreds of statewide
contracts on behalf of more than 200 state agencies and 1,800 cooperative purchasing members.
With a massive marketplace and billions of dollars in purchasing power, Texas offers abundant
opportunities for vendors of a wide variety of goods and services, including minority- and
women -owned businesses. The website is www.window.state.tx.us/procurement.
1. TXMAS —Texas multiple award schedule (TXMAS) contracts that have been developed
from contracts that have been competitively awarded by the federal government or any
other governmental entity of any state. As the responsible federal entity, the General
Services Administration's (GSA) Federal Supply Service awards Federal Supply
Schedule contracts by competitive procurement procedures for more than 50 schedules
that cover multiple commodities and services. The prices reflected on GSA schedule
contracts are the most favored customer (MFC) prices and the maximum price allowable.
TXMAS contracts take advantage of the MFC pricing and under certain circumstances,
an agency or local government entity, may negotiate a lower price for the goods or
services offered on a schedule contract. A "best value" purchase can be made by
following the TXMAS purchasing procedures.
2. DIR —Department of Information Resources. The 79th Texas Legislature signaled a clear
mandate for the state to restructure the roles and responsibilities for its investment in
information and communications technology. DIR responded to this mandate in its 2005
State Strategic Plan for Information Resources Management. In that document, DIR
established five statewide goals:
• Reduce Government Costs
• Drive Effective Technology Contracting
• Leverage Shared Technology Operations
• Promote Innovative Use of Technology that Adds Value
• Protect Technology and Information Assets
DIR continues to ensure the effective and efficient use of public funds by promoting
opportunity and economic prosperity for the state's citizens through the successful
application of statewide services and technologies that are beneficial, secure, accessible,
and utilize a statewide shared infrastructure.
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Educational Purchasing Cooperative of North Texas (EMTN 1')
With a vision of cooperating together to improve their procurement power on like products and
services, the Educational Purchasing Cooperative of North Texas (EPCNT) became a reality in
2002 through the coordinated efforts of North Texas public school districts. EPCNT is comprised
of public school districts located in the Region X and XI Education Service Center areas. The
website is www.epcnt.com.
Purchasing 1Vlethods Regarding Facilities Construction
Regarding construction of school facilities,
proposals; CVC for design/build contract
contracts using a construction manager -at
repairs/alterations.
see Board Policy CV, CVB for competitive sealed
'VD for construction manager -agent, CVE for
risk; and CVF for job order contracts for minor
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Model for the Competitive Procurement Process
The compeve procurement process is lengthy and adequate time must be allowed to complete
the tasks identified below. For this reason, the purchasing department seeks to complete the
competitive procurement process prior to a District need arising.
MODEE COMPETITIVE BIDDING/PROPOSAL PROCESS FOR PERSONAL
PROPERTY AND SERVICES
Task
iDescription
Whose Responsible
Evaluate Purchasing
Establish the minimum acceptable
User department/campus
Needs & Confirm
requirements that the
Availability of
product/service must meet and
Approved Budgeted
ensure that funds are available to
Funds.
procure such products/services
needed.
Prepare Bid/Proposal
Prepare detailed written
User department/campus
Specifications
specifications to define the
product/service the district is
seeking/soliciting. Specifications
must contain adequate technical
descriptions to clearly identify the
type of material, equipment, or
services required. Descriptions must
include quantitative data such as
size, weight, or volume and
qualitative data such as commercial
grade, texture, finish, strength,
chemical analysis, or composition
where required. The specifications
must also include,
• Detailed description of the
item/service that specifies the
minimum acceptable requirements
the user department/campus will
accept. Industry standards should
be utilized whenever possible.
• Evaluation/award criteria in
addition to the required criteria
mentioned above.
• Quantity required.
• Required delivery date and/or
period of performance for the
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MODEL COMPETITIVE BIDDING/PROPOSAL PROCESS FOR PERSONAL
PROPERTY AND SERVICES
Task
IlDescription
lWhose Responsible
contract.
• Any relevant prints, diagrams,
and/or samples of the item
requested.
• Suggested source(s) of supply.
Vendor name, address, phone
number, email, etc.
Specifications must be provided to
the Purchasing Department Buyer
electronically (via email preferred)
in Microsoft Word format.
Review Bid/Proposal
Review the item/service
Purchasing Department
Specifications
specifications to determine if
competitive bids/proposals can be
obtained and to ensure that Board
policies and state laws are followed.
Advertise
Ensure bid/proposals are published
Purchasing Department
once per week for at least two weeks
before the deadline for receiving
bids, proposals, or responses to a
request for qualifications.
Additionally, bids/proposals are
published on the FWISD Purchasing
Website @ www.fwisd.org.
Pre-Bid/Proposal
Optional procedure as needed. This
User department/campus
Conference
conference is used to allow vendors
and Purchasing
to meet with District personnel to
Department
clarify specification requirements or
to conduct site visits.
• Document all attendees
• Collection of all questions and
answers and posting as an
addendum is recommended.
Open Bid/Proposal
Bids/proposals will be opened at the
Purchasing Department
date, time, and place specified in the
request for bids or proposal.
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MODEL COMPETITIVE BIDDING/PROPOSAL PROCESS FOR PERSONAL
PROPERTY AND SERVICES
Task --I
Description
Whose Responsible
Evaluate Bid/Proposal
Review bids/proposal responses and
User department/campus
evaluate responses using established
and Purchasing
Vendor Award Criteria.
Department
Prepare Written
Prepare a written recommendation
User department/campus
Recommendation
containing the following information
and forward to the Purchasing
Department.
1. Description of supply,
product, or service
2. Evaluation results (list criteria
used to evaluate)
3. Name of recommended
vendor
4. Justification for
recommendation:
a. If the best value bid is not
recommended, list the
reason(s) for rejection
b. Explain how best value was
determined (price, quality,
delivery, etc.?)
5. Annual estimated
cost/expenditures
6. Fund source: General Fund,
Special Revenue (for example
, IDEA-B)
7. Signature of appropriate
approval authority for award
recommendation. If the
purchase exceeds $50,000 the
appropriate Cabinet member
signature is required.
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MODEL COMPETITIVE BIDDING/PROPOSAL PROCESS FOR PERSONAL
PROPERTY AND SERVICES
Task
Description
Whose Responsible
If all bids/proposals are rejected and
a re -bid process will take place, the
letter must contain:
1. Description of supply, product
or service.
2. Justification for
recommendation to reject all
bids, listing reasons for
rejection of every bid.
3. Request to re -bid.
4. Estimated cost/ expenditures.
5. Fund code, fund name, and
budget owner.
6. Signature of appropriate
approval authority for award
recommendation and board
letter.
Appeal letters
Prepare appeal letters for each
Purchasing Department
unsuccessful best value bid listing
the reason(s) their bid was not
recommended. The bidder/proposer
has five business days to appeal the
District's decision.
Obtain Board of
Board approval is required before
Purchasing Department
Trustees Approval
the successful bidder/proposer is
notified of the award. (Note: Board
meetings are normally held on the
second and fourth Tuesday of each
month).
Award Bid/Proposal
Notify successful
Purchasing Department
bidder(s)/proposer(s) via award
letters or properly executed purchase
order.
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MODEL COMPETITIVE BIDDING/PROPOSAL PROCESS FOR PERSONAL
PROPERTY AND SERVICES
Task
IlDescription
Whose Responsible
Monitor Performance
Monitor the vendor's performance
User department/campus
and ensure they comply with all
specifications regarding the product
to be delivered or service to be
performed, including the condition
of product upon delivery, and
whether the service was performed
or product was delivered within the
stated delivery/performance period.
Document performance when
creating receiving records in Mums.
Rejected Bids
Prior to submitting abid/proposal to the Board for action, the District provides an appeal process
to vendors for non -award of "single item" purchases exceeding $10,000.00. Note: Proposals that
have been negotiated or are based on a best and final offer can not be appealed through the
purchasing appeals process.
If a best value bidder is not awarded a particular item or bid/proposal, the vendor is notified with
an "appeal letter." The appeal letter states the reason the vendor was not awarded that particular
item/bid/proposal (i.e., did not meet specifications, poor quality, past performance, etc.), and the
procedures for the vendor to contest the recommendation. The vendor has five (5) business days
to contact the office of the Chief Financial Officer for inquiries and to schedule an appeal
hearing.
An appeal hearing is an opportunity for the vendor to contest the recommendation and to present
his/her case to the District. The appeal hearing committee will have a minimum of four (4)
school district employees. The committee will consist of the following: the Chief Financial
Officer or representative, an end -user representative and one person from the Purchasing
department, and the Internal Audit department.
After the vendor presents their case to the appeal committee, the Chief Financial Officer or
representative and the Internal Auditor will determine the end result/final recommendation of
award. A vendor may further protest to the Board of Trustees, if they disagree with the
committee decision.
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Any pal ty who believes they are aggrieved in connection with a procurement action may protest
to the chief financial officer or designee. The protest shall be submitted in writing within five
business days after the facts or occurrence giving rise to the complaint.
In the event of a timely protest, the responsible office shall not proceed further with the
procurement unless the chief financial officer or designee makes a determination that the award
of the contract is necessary to protect substantial interests of the District. The chief financial
officer or designee shall convene a hearing committee of at least three administrators to review
the protest.
The chief financial officer or designee shall promptly issue a determination relating to the
protest. The determination shall:
l . State the reasons for the action taken, if any; and
2. Inform the protesting parry of the right to appeal the determination to the Board in accordance
with Board policy GF (LOCAL).
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In centralized purchasing, the purchasing department is primarily responsible for vendor
relations, contact, and communication. However, school campuses, departments, and staff must
also communicate with vendors in order to obtain information necessary to properly prepare
requisitions. Therefore, every employee involved in procuring goods or services for the District
is responsible for fostering good vendor relations. It must be understood that contact and
communication with vendors by school campuses, departments, and staff are not to represent a
commitment to purchase; only authorized personnel as stated in Section 3 are authorized to make
purchase commitments.
Prior to contacting a vendor, end users must check the FWISD Warehouse for the goods.
If the warehouse is unable to supply the goods required, the end user must seek an
"approved vendor".
Approved Vendor Dist
An "approved vendor" is a vendor that has been awarded aBid/Proposal through the FWISD
competitive procurement process or through an Interlocal Agreement. These vendors may be
viewed as a subset of the Munis vendor list and also reside in the Munis Financial Management
System. Approved vendors are preferred because they have competed for business through
the competitive procurement process and normally provide greater savings than a non
approved "Munis vendor".
Lists of "approved vendors" by bid/proposal number and commodity can be obtained at the
Districts Purchasing Portal https://portal.fwisd.or�/purchasing under Bid Information. This
information is updated regularly, so printed documents become outdated frequently. If unclear
from whom to purchase a good or service, please contact the Purchasing Department prior
to contacting a vendor.
MV-NilQ Vendor T,lst
A "Munis vendor" is a vendor that is established in the Munis Financial Management System.
Many businesses used by the District in the past are already established in Munis. However, all
vendors in the Munis Financial Management System are not necessarily approved for all
purchases because of approved vendors and the competitive procurement process.
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Vendor Tvlailing List (Email I®Totification System (EFTS))
Vendors can register to receive proposal information through the purchasing department's
Email Notification System. The purpose of the email notification system is to notify vendors of
advertised bids and proposals. When business opportunities (bids and proposals) are posted to
the District's website at: www.fwlsd.orat/depai•tmentS/purchasing, vendors are notified via email
based on the commodities that their particular business serves. It must be understood that simply
because a vendor has registered in the email notification system, does not mean that the vendor is
an approved vendor. It simply means that the vendor is on the district's mailing list to be
notified of future business opportunities.
New Vendors
New vendors can start doing business with the district through the competitive procurement
process which begins with the email notification system (ENS) or through a school/department
submitting a new vendor request. Vendors often contact schools and departments and offer
goods and services. If a school or department is contacted by a vendor, it is prudent to ask the
vendor for their FWISD Bid Number. If they have a FWISD Bid number, the vendor should be
on the approved vendor list and should be in Munis. If the vendor does not have a FWISD Bid
Number and the school or department needs the vendor's goods or services, an approved vendor
should be sought first.
If a new vendor is necessary, the school or department must complete a new vendor request. The
new vendor request application is in the District's Purchasing Portal at
hops://portal.fwisd.org_/purchasin . Fax the completed new vendor request application to 817-
871-2318 or email it to 11nda.crockett2fwisd.org_
Vendors are not allowed to submit themselves as new vendors. The competitive procurement
process is the long term method of doing business with the District because the vendor can
obtain "approved vendor" status verses the new vendor request method which is a short term
method of doing business with the District because the vendor will only become a "Munis
vendor".
Vendor Performance/Evaluation
Evaluation of vendor performance is an important aspect of centralized purchasing. Problems
encountered by a particular school or department can be avoided by other District entities when
these occurrences are communicated to the Purchasing Department. Factors to consider when
dealing with vendors:
• Timeliness of deliveries
• Quality of products or services received
• Service erformance
• Dama ed oods
• Completeness and accuracy of the order
• Unserviceable merchandise
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Whenever problems are encountered with a vendor, (i.e., a vendor fails to deliver certain items or
delivery does not meet specifications) it is important to document the problem, noting the date
and an accurate description of the problem. The simplest way to document a problem is through
the Munis Vendor Record Performance feature. This feature can be accessed by performing a
vendor inquiry by vendor name or vendor number and clicking on the vendor performance
button. Here you can add the details of the performance for other Munis users to see.
In addition to contacting the Purchasing Department, the vendor should be contacted. Keep a
record of all phone calls, including the dates and what was discussed and send a copy to the
Purchasing Department preferably by email.
If the problem is not resolved, coordinate with Purchasing to prepare written correspondence
stating the problem, the corrective action required and the vendor's failure to correct the problem
to be sent from the Purchasing Department.
If a significant problem continues, legal counsel will be obtained regarding the removal of the
vendor from the vendor list and discontinuing business with the vendor.
Although vendor performance evaluation is a continuous process, vendor performance surveys
are emailed to schools'/departments' secretaries on an annual basis to obtain performance
information. This is normally done near the end of the school year.
Visits ft•om Vendors
Under Board Policy (CHE Local), solicitors, vendors, collectors, or salespersons shall not be
permitted to confer with students or employees during school hours without Lite prior approval of
the Superintendent or designee.
Under no circumstances shall such persons be permitted to interrupt classes or conduct personal
business with employees.
Local managers of school facilities shall be responsible for compliance with this procedure
within the confines of their facilities.
Vendors desiring to visit schools for educational purposes must:
1. File identification information with the Purchasing Department.
2. Provide the Purchasing Department with a completed IRS Form W-9. These forms can
be obtained from the IRS website at www.irs.gov.
3. Obtain authorization from either Elementary or Secondary School Leadership.
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Overview
The requisition and purchase order process can be viewed as having four distinct steps:
1. The requisition process
2. The purchase order process
3. Delivery and Receipt of goods or services
4. Invoice and Payment
The requisition and purchase order process begins when a need is determined by an end user and
is not completed until payment is made for the goods and/or services. In this section the first two
steps of the process will be discussed at length; delivery and receipt will be discussed in Section
9. Invoice and payment procedures are contained in the Accounts Payable Processing Manual.
Contact Accounts Payable at (817) 871-2123 for a copy of this manual. Also see Appendix B.
Small Purchases
According to Board Policy CH (Local), in the event that a small, infrequent purchase in an
amount of $150.00 or less is required on short notice in order to conduct a group meeting or
similar District -related activity, such a purchase may be made by a District employee using his or
her personal funds. Such a purchase, properly receipted and authorized, shall be reimbursed by
the accounting department. Under no circumstances may these exceptional procedures be used to
circumvent normal purchasing procedures and practice.
Requisition Process
A requisition is an internal document by which a campus or department of the district requests
the purchasing department to initiate a purchase order. It is a request generated electronically
(through the use of the automated system — Munis) for the purchase of supplies, services,
equipment, etc. A requisition is an un-approved purchase order. No purchasing commitment
shall be made without an approved purchase order.
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NOTE: All end users must keep in mind the following purchasing prime directives:
• Purchase commitments shall be made by an approved purchase order.
• Persons making unauthorized purchases shall assume full responsibility for all such
debts,
Requisitions are initiated by those having proper authority, as defined in Section 3. After a
requisition is input in Munis it must then be approved by the appropriate budget owner, which is
normally a principal or a department head. Requisitions which require expenditures from a
Special Revenue Fund must be approved by the program administrator/compliance officer (i.e.
Federal Programs, etc.).
Requisition Format
In order to avoid requisitions from being rejected by either someone in the approval chain or the
purchasing department, requisitions should include all information necessary to clearly define the
needs of the user department or campus. The minimum information required on a requisition is
as follows:
• Dept/Loc Code
• Commodity Code
• Vendor name and address (should be from the district's approved vendor list).
• Ship to destination
• Name and Phone Number of the end user on the reference line
• Required delivery date, if any
• Quantity needed
• Unit Price per line item
• Complete and accurate description per line item
• The correct Account Code per line item
• Discounts, if any
• Transportation costs (shipping/freight costs, if any)
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• Bid/Proposal number, if known (i.e. Bid/RFP 09-125)
• Board approval date, if known (i.e. BOT 03/02/095 item 5, page 3)
• Any special instructions (such as Pre
-Pay)
Please understand that requisitions may have several approvers prior to them being available to
the Purchasing Department. The purchasing department Buyer reviews requisitions for the
following prior to approval of a purchase order.
• Compliance with competitive procurement requirements
• Proper account coding
• Adequate descriptions per line item
Requisition Status
The following requisition statuses are utilized by Munis:
• Status 1 =Rejected
• Status 2 =Created (by Requester)
• Status 4 =Allocated (by Requester)
• Status 6 =Released (by Requester)
• Status 8 =Approved (by Budget Owner)
• Status 0 =Converted (into a PO by Purchasing)
Specific 'Types of Requisitions
Requisitions for the following categories of items shall include specific information to clearly
describe the required materials or services.
1. Blanket Purchase Orders
a. General Supplies
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• Blanket requisition order for general supplies must specify Lite following in the text or
body of the requisition:
✓ A detailed description of the types of items that will be purchased, such as office
supplies, soft drinks, printing, snacks, etc. Using generic terms such as "supplies,"
"materials," or "services" is NOT considered an adequate description.
✓ A date/timeframe and name of event the purchase order to support.
✓ The total amount not to be exceeded.
b. Maintenance
✓ List a minimum of three examples (NO HAND TOOLS)
✓ A timeframe for the purchase order to cover
✓ The total amount not to be exceeded
c. Sam's Club/Costco
✓ Instruct Purchasing (in body of requisition) to hold vendor's copy for pick up in the
Purchasing Department or return vendor's copy to school.
✓ List in body of requisition who (by name, not title) will be picking up items, no more
than two (2) names.
✓ Give a concise sample description of items to be purchased and for what purpose
(e.g., paper goods, plates, cups and napkins for professional development
conference).
✓ Costco adds a 1.50/^ administrative fee to purchase orders —include this in the
requisition total.
2. Pre -pays
A Pre -Pay requisition is a requisition that after it is converted to a purchase order by Purchasing
and received in Munis by the end user, Accounts Payable will then be able to process a check.
Pre -Pays as they are called require that the end -user immediately create a receiving record before
Accounts Payable can proceed. Without the receiving record, a pre -pay check can not be
processed.
3. Car Rentals
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✓ Purchase orders are to be input by line item
✓ Use bid item description and unit cost for each line item.
✓ Specify:
o vehicle size and rate (per day or week)
o insurance rate per day or week (if applicable)
o additional mileage per day or week (if applicable)
✓ State reason for vehicle rental, name of event, destination, and dates) of rental
4. Charter Buses
✓ Purchase orders are to be input by line item.
✓ Use bid item description and unit cost for each line item
✓ Specify:
o bus size (i.e. 33 passenger, 55 passenger)
o rate: per mile, hour, or day
o applicable quantity: miles, hours, or days
o any other item from bid (if applicable)
✓ State reason for bus charter, name of event, destination, and dates) of rental
5. Field Trips
Elementary school field trips to the locations identified below are projected on an annual basis
based on projected enrollment. The costs per student are fixed per school year; the costs below
are for the 2008 — 2009 school year. These prices will be updated annually through the
Purchasing News Email to all secretaries. Ensure that requisitions for field trips to these
locations specify the appropriate grade and the correct cost per student.
✓ Grade 1
✓ Grade 2
✓
Grade 3
Fort Worth Zoo
Omni Theater
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✓ Grade 4
✓ Grade 5
Fort Worth Symphony
Camp Carter
6. Temporary Services
✓ Purchase orders are to be input by line item
$4.00 Per Student
$18.00 Per Student
✓ List job title in bid descri tp ion and unit cost for each line item
✓ Specify rate (hourly, daily or weekly)
✓ State date of services
The Technology Procurement Requests System (TPRS)
Technology related purchases must be entered through the district's Technology procurement
Requests System (TPRS). The goals of the TPRS are as follows:
• Paperless web based system
• Better tracking of progress of your request to purchase
• Real -Time information
• Einail notification at each step of the process
• Shorter —request to delivery time
E-School Mall (Online ordering system)
Fort Worth ISD implemented this online ordering system to introduce ordering accuracy for
vendors that primarily provide catalog purchases. Currently there are 33 vendors available to
make online purchases; these orders once created are passed electronically directly into Munis
and creates your requisition for you without having to key in descriptions, quantities, unit of
measures, etc. Details on the E-School Mall are in the Districts Purchasing Portal
https:Hportal.fivisd.org/purchasing.
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Vendor Selection (also see Section 7)
Prior to seeking goods from vendors, end users should check the Fort Worth ISD Warehouse
for the goods. Because District warehouse purchases are made in bulk, they provide greater
savings to the District than single purchases through quantity discounts and lessened freight
charges. If the warehouse is unable to supply the items required, the end user must seek an
"approved" vendor.
An approved vendor is a vendor that has been awarded aBid/Proposal and normally provides
greater savings to the District because of the competitive procurement process. Lists of
approved vendors by bid/commodity may be found on the Districts Purchasing Portal
https://portal.fwisd.org/piirchasing. Representative contact information and discount/pricing
arrangements are available on the Districts Purchasing Portal. Users are encouraged to seek
additional discounts from approved vendors during the requisition process; this is especially
important when making purchases in large quantities.
A Munis vendor is a vendor that is established in the Munis Financial Management System.
End users are encouraged to select vendors that offer discounts and savings for the District
during the requisition process. If the goods or services are unavailable from a Munis vendor,
then the end user must find the good or service elsewhere and/or complete a new vendor request.
Commodity Codes
Commodity codes were implemented with our new Munis Financial Management System and
allow requisitions to be sent electronically to the appropriate purchasing Buyer. There are two
types of commodity codes used in Munis, the General Commodity Code and the Detailed
Commodity Code. The general commodity code is the overall grouping of the supply or service,
for example, office supplies is a general commodity code while post4t notes would be a detailed
commodity code. Additionally, the detailed commodity code also identifies the appropriate
budget object code for the particular type of supply item or service. A complete list of all of the
Munis commodity codes may be found on the Districts Purchasing Portal
https://portal.fwisd.org/purchasing.
Budget (Object) Codes
It is the end user's responsibility to ensure that each line item of a requisition is properly coded
with the correct budget (object) codes for the description of the item being purchased. A
requisition that contains the incorrect budget object code will be rejected by the purchasing
Buyer and not processed until the end user corrects the budget code. A comment will be entered
on the requisition whenever an incorrect budget (object) code is identified. Look under the
rejection notes to read comments added by the purchasing department. When correcting a
budget object code, be sure to correct the budget code on first page of the purchase order
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entry as well as the budget code entry on each line item on the second or subsequent pages
of the purchase order and have the purchase order re -approved.
For a complete list of budget codes, please refer to the Fort Worth ISD Account Components for
Budget Managers Handbook. Copies may be obtained from the Budget Department. If you have
questions regarding which budget code to use, contact the Budget Department at (817) 871-2172
for assistance.
Shipping Destination
When a requisition is created, the "ship to" and "attention" fields are required to identify the
delivery address and receiver's name.
The district uses both centralized and decentralized receiving (refer to Section 9).
Prior to creating a requisition, schools/departments requiring centralized delivery to the FWISD
Warehouse should contact the Central Services Director, at (817471-3330), to make
arrangements for centralized receiving and distribution.
RequisitiMs by Departments for School Campuses
Departments that process requisitions to be delivered to school campuses must communicate the
requisition and purchase order information to the school prior to delivery of goods. It is
recommended that the requisition be sent to the campus for approval. This will ensure that the
Principal will be aware that a requisition is being ordered for their campus. To do this, the
department will have to use the campus' Dept/Location when creating the requisition.
Additionally, using the campus Dept/Location code will grant the campuses the ability to create
the receiving record after the item(s) are delivered. If this recommendation is not used, email or
fax the following information to the appropriate school:
• The department that processed the requisition
• The school that will receive delivery
• The vendor name
• The Purchase Order Number
• Estimated delivery date
• Instructions for receiving the goods in Munis for payment purposes
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Warehouse Requisitions
The district keeps inventories of supplies and materials in a central warehouse. Such inventories
provide ready access to supplies that are commonly used. A warehouse requisition may be used
to obtain supplies or materials (a catalog describing items in the warehouse is available by
contacting the Warehouse Department). A warehouse requisition is completed at the department
or campus level in the Munis system and submitted electronically to the warehouse. It is
imperative that the Pick Ticket Button on the requisition is clicked other wise the
requisition will be routed to the purchasing department instead of the central warehouse.
After processing the requisition, the supplies and materials are removed from the warehouse
stock and delivered to the appropriate delivery destination. A Warehouse Inventory Catalog can
be printed at any time. Contact Central Services Director, with any questions (817) 871-3330.
For information and procedures on Internal Finance Purchase Orders (utilizing the IFF-124),
refer to the School Accounting Manual or the Administrative Accounting Procedures. Contact
the Accounting Department at 817 871-2103 for a copy of these manuals.
Purchase Orders
After the requisition is reviewed and approved by the Purchasing Department, the
requisition is then converted to a purchase order. Purchase orders are among the most
commonly utilized methods for procuring goods and services. As its name indicates, this
document serves as a formal order for goods, materials and/or services from a vendor. A
purchase order, once approved, is a binding commitment for the District to remit payment to the
vendor after the item(s) and/or service(s) are received. Once items are shipped and/or services
performed, the vendor must submit a properly executed invoice to the Accounts Payable
Department to receive payment.
A purchase order is an important accounting document as it contains information on the
expenditure to be made and the account code to be charged. Once issued, the purchase order•
encumbers funds and serves as an expenditure control mechanism. The purchase order is also
used in the accounts payable process as it documents that an order has been issued, received, and
accepted by the user and payment may be made to the vendor.
Purchase Order status
The following purchase order statuses are utilized by our Munis Financial System:
• Status 4 = Allocated
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• StaM3 5 =Released
• Status 6 =Posted (to the general ledger)
• Status 8 =Printed (to be faxed to the vendor)
• Status 0 =Closed (by Accounts Payable)
Purchase Order Process
The purchase order is the written evidence of orders placed as a result of properly initiated and
approved purchase requisitions. A purchase order is of a standard format to facilitate processing
and contains the items indicated on the requisition.
As mentioned earlier, purchase orders start with a requisition which is prepared electronically.
Requisitions originate with the end user and describe the items) to be purchased, the quantity,
pricing, the account to be charged, a vendor, etc.
Purchase Order P�•ocedures
Purchases shall be made by means of purchase orders that are properly drawn, duly authorized,
and adequately funded. Only the purchasing department shall release a purchase order to a
vendor. If vendors are contacted by the end user in the initial phase of a requisition, they
should be advised by the end user that delivery of goods or services should not be initiated
until the vendor has received an approved purchase order from the purchasing
department.
Purchase orders are issued on a daily basis by the purchasing department based on information
submitted on requisitions. If a purchase order is needed immediately, contact the appropriate
buyer.
Purchase orders are not to be modified by the vendor or by schools or departments after it has
been processed by the purchasing department. If it becomes necessary to change the purchase
order, the school or department must first advise the purchasing department. Once an agreement
to any price increases or modification of terms is reached, purchasing has the responsibility to
adjust the encumbrance on the purchase order and notify all involved parties of the changes.
Once a purchase order is issued, the same purchase order number cannot be used for reorders.
When merchandise has been returned or is damaged and a reorder of replacement merchandise is
desired, a new purchase requisition must be submitted.
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• Materials to be previewed must be ordered on a Purchase Order in the same manner as a
normal purchase order.
• Review of the materials and/or a decision to purchase or not must be made within thirty
(30) days or the agreed upon timeframe after receipt of merchandise.
• If the merchandise is returned within thirty (30) days or the agreed upon timefiame, close
the purchase order through Accounts Payable.
• If the merchandise is to be kept, have the vendor send an invoice to Accounts Payable for
the amount on the purchase order.
Purchase Order Closure
In the event it is necessary to cancel a Purchase Order, the school or department must advise the
Accounts Payable Department. The Accounts Payable Department will close the purchase order
and liquidate the funds encumbered. The school or department placing the order must also notify
the vendor of the cancellation of the purchase order.
End User's Responsibilities
• Shall ensure that the purchasing process (through the use of an approved purchase order)
always precedes the payment process (invoice).
• Shall only initiate and approve requisitions within approved budget authority and ensure
proper account coding per line item.
• Shall check with the Warehouse to find out if the item is in stock before malting a
purchase. If the item is not in stoclt, the end user shall select an approved vendor who
will provide the goods and services.
• Shall use approved vendors to procure goods and services. Note: The requirement to use
approved vendors applies to purchases made with a District's procurement card as well as
purchases made with purchase orders.
• If necessary, confirm with the purchasing department (Purchasing Manager or Buyer)
that an approved vendor is available for the goods or services needed.
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• If a vendor must be contacted to obtain information to prepare a requisition, shall explain
to the vendor that the request for information does not represent a commitment to
purchase.
• Shall provide for inating, authorizing, and adequately funding the procurement through
a properly approved purchase order.
• Shall monitor the requisition status.
• Shall not release the requisition number or use a draft copy of the requisition to make
purchases from a vendor.
• Shall monitor the vendor's performance to ensure proper delivery of the goods or
services ordered. If the goods or services are not delivered as ordered, the end user shall
take action necessary to protect the District's interest, up to and including sending a
written Stop Payment Order to the Accounts Payables department. Problems with
vendor's unsatisfactory performance shall be directed to the purchasing department for
appropriate action, which may include closing the purchase order (See Section 9,
resolving discrepancies).
• Shall not make any commitments to acquire goods or services in the name of the District
for personal use or ownership.
• Shall not make or authorize separate, sequential, or component purchases in order to
avoid requirements under the Texas Education Code, Sect1o11 44.031, or Board approval.
• Shall coordinate purchases valued at $10,000 or more with the Purchasing Department in
order to select the method of procurement that will provide the best value to the District.
• Shall process all requests for• procurement that cost $50,000 or more through the
Purchasing Department for Board approval.
• Shall follow the policies and procedures contained in Board Policy CH (LEGAL) for
emergency purchases.
• Shall be responsible for complying with statutory requirements, Board policies, and the
Purchasing Manual procedures when purchasing goods or services for the District.
• Shall not make changes to purchase orders after it has been sent to the vendor without
prior approval from the Purchasing Department.
• Shall ensure that items ordered match the purchase order.
• Shall record the receipt of goods or services in Mums,
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�. 1 111 �.�, 11
• Shall not initiate requisitions except for items or services for use by the purchasing
department.
• Shall not purchase anything from any person or from any firm that is controlled, owned,
or operated by that employee or from a relative within the second degree by blood or
marriage of the employee.
• Shall supervise the purchase of all materials, supplies, equipment, and services for the
District. [See Board Policy CHD (LOCAL)] according to the guidelines established on
the Education Code 44.031.
• Shall not approve a requisition after the event has taken place (i.e. After -the -fact) except
I
n special circumstances/instances.
• Shall review/process requisitions in a timely manner for completeness and ensure that
purchases are compliant.
• Shall verify compliance with statues, regulations, and Board policy applicable to
purchasing.
• Shall verify correctness of budget object coding according to the FWISD Accounts
Components Manual.
• Shall have discretion to direct purchases through interlocal agreements or cooperatives in
order to save time and money.
• Shall work with the end users to resolve delays in requisition processing in a timely
manner.
• Shall send the vendors approved purchase orders and verify its receipt.
• Shall be the only persomlel authorized to contact vendors to make purchase commitments
and issue purchase orders.
Details about the district's Purchase Card Program may be found on the Dish•ict's Purchasing
Portal https:J/portal.fwisd.or�/purchasiu�. Specific questions about this program may be directed
to the Purchase Card Administrator at (817) 871-2382.
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The objective of the Purchase Card Program is to provide an efficient, cost-effective method of
purchasing and paying for low -dollar transactions by replacing the need for requisitions,
purchase orders, invoices, and/or pre -payment orders. Procedures governing the use of purchase
cards are contained in the Purchase Card Manual but emphasis must be made that purchases
using Purchase Cards must be made from approved vendors only. An approved vendor is a
vendor that has been awarded a Bid or Proposal through the competitive procurement process by
FWISD or by a member of an interlocal agreement. Lists of approved vendors by commodity
may be found at https:Hportal.Avisd.oi•g/purchasing on SharePoint.
Using the purchase card benefits the District, cardholders, and suppliers as follows:
® Ability to obtain goods and services faster and easier
• Reduced need to use personal funds and obtain reimbursements
• Immediate payment to suppliers/vendors
• Minimizes the processing costs of small dollar purchases
• Automatic recording of all purchases made by cardholder
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WIWIMMIM
Delivery and receipt of goods/services is the goal of the requisition and purchase order process
discussed in Section 8. Carefully checking deliveries and ensuring that the end user(s) who
ordered the goods/services actually obtained them is a critical part of the purchasing process.
FWISD utilized both centralized and decentralized receiving to ensure end users receive
goods/services.
Centralized Receiving and decentralized Receiving
Purchases may be received by centralized receiving departments (FWISD Service Centers I or II)
or by campuses or departments in a decentralized receiving. Centralized receiving provides
more control. Having only one centralized receiving point ensures that merchandise received
agrees with merchandise ordered. However, it is normally timelier and sometimes in the best
interest of the end user or the district to have the vendor deliver goods directly to a campus or
department; this requires decentralized receiving, also known as "drop shipping."
If decentralized receiving is used, the school/department should assign the receiving
responsibility to an individual trained in receiving procedures. Procedures regarding the receipt
of goods should be in place at each school/department; this includes specific procedures for
receiving goods during summer and winter breaks.
Monitoring the delivery and receipt of purchase orders is the end user's responsibility.
This ensures that the district actually receives what it purchases.
Online Receiving Records
It is imperative that after physical delivery of goods and services, that an online receiving record
be created in the Munis system for the particular purchase order the delivery pertains to. This
online receiving record communicates to Accounts Payables how much to pay and that those
goods and services have been received in a satisfactory manner. Without timely online
receiving, the payment process is curtailed and jeopardizes future business relations with our
vendors.
Physical Receiving Procedures
1. Locate the "packing slip." The packing slip contains the information of the items shipped
from the vendor. The packing slip should list the following information:
• Date of shipment from the vendor
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• FWISD Purchase Order Number
• Quantities and descriptions of items shipped
If the individual performing the receiving cannot locate the packing slip, he/she must
immediately contact the vendor and request a copy.
2. Compare the packing slip with the requisition/purchase order and verify that the shipment is
intended for your school/department. If it is, continue the receiving procedures. If you are
certain that the shipment is not intended for your school/department, refuse the shipment or
aid in determining the proper destination.
3. Ensure that the items on the packing slip match the items on the requisition/purchase order;
accept the items that were ordered and contact the vendor for instructions for handling the
incorrect items.
4. Compare the number of containers delivered to the number on the carrier's packing slip.
Record any discrepancy on the carrier's shipping documents.
5. Examine the outside of the containers for damage:
• Minor Visible Damage -Record any damage to the shipping containers on the carrier's
shipping document and ensure that it is signed by the delivery person before the shipment
is accepted. Recording minor damages to containers provides added documentation in
the event that there is concealed damage.
• Severe Visible Damage -The process for severely damaged containers differs depending
on whether the order was shipped F.O.B. Origin or F.O.B. Destination. F.O.B stands
for "Free On Board" and is a transportation term that indicates that the price for goods
includes delivery at the vendor's expense to a specified point (normally your destination
i.e. school, department, or the FWISD warehouse). The FOB term is used with an
identified physical location to determine:
1. the responsibility and basis for payment of freight charges, and
2. the point at which title (or ownership) for the goods transfers from vendor to the
District.
F.O.B. Destination
• The vendor retains title and control of goods until they are delivered and the contract of
carriage has been completed.
• The vendor selects the carrier and is responsible for the risk during transportation.
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• The vendor is responsible for -filing claims for loss or damage.
o For F.O.B. Destination, if the shipping containers are damaged enough that it is
probable that the contents are also damaged, you may:
1. Reject the entire shipment.
2. Accept the entire shipment.
3. Accept part of the shipment and reject the damaged part of the shipment.
o If all or part of the shipment is accepted, contact the vendor to obtain replacement
instructions for the damaged items. If the vendor abandons the merchandise (fails or
refuses to pick it up), contact the Purchasing Department to aid in resolving the
problem. If the entire shipment is refused, record the reason for refusal on the
carrier's shipping documents and notify the vendor that the shipment was refused and
needs to be reshipped due to severe damage.
FOB Origin
• The end user/receiver assumes title and control of the goods the moment the carrier signs
and picks up the goods from the vendor's location.
• The end user/receiver assumes risk during transportation.
• The end user/receiver is responsible for filing claims for loss or damage.
o For F.O.B. Origin, if the shipping containers are damaged enough that it is probable
that the contents are also damaged, accept the shipment and then record the damage
on the carrier's freight bill. Contact the Purchasing Department to aid in resolving
the problem.
The district discourages the use of F.O.B. Origin as a shipping method.
6. If possible, open the container(s) and compare the contents with the packing slip. If the
contents do not match the packing slip, contact the vendor to attempt to resolve the
discrepancy. If absolutely necessary, refuse the shipment.
7. Finally, an authorized person should accept delivery by signing and dating the packing slip.
8. If an invoice is included in the container, forward it to the Accounts Payable department
immediately.
Inspection Procedures
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Inspect the shipment for concealed damage. Concealed damage is damage that was not evident
at the time of delivery. If damages are discovered after unpacking the shipment, notify both the
carrier and the vendor in writing by email or facsimile.
After the shipment is unpacked, check the following against the Purchase Order:
• Compare the quantity received with the quantity ordered.
• Check for:
o Over -shipments: An over -shipment is a shipment that contains more of an item
than you ordered. Contact the vendor to resolve the issue.
o Under -shipments: Only pay for the actual items received.
• Compare the brand name and model number received with the brand name and model
number on the Purchase Order.
• Compare the shipment with the physical descriptions on the Purchase Order.
• Compare the packaging, labeling, marking, etc. with those on the Purchase Order.
• Make certain that "used" items are reflected as such on the Purchase Order.
• Retain copies of all shipping documentation until all discrepancies are resolved.
Resolving Discrepancies
If the school or department determines there is damaged merchandise or a discrepancy exists,
they should notify the vendor immediately and attempt to resolve the discrepancy. All
correspondence between the school/department and vendor must be noted on the packing slip, if
possible. If the discrepancy is discovered during or after inspection or unpacking, the vendor
should be contacted in a timely manner. It is the end user's responsibility to contact the
vendor and attempt to resolve deficiencies.
Notify the vendor of all discrepancies in
n writing and follow-up all telephone notifications in
writing. Written notification must include instructions on what action the vendor should take
and the deadline for that action. Give the vendor the opportunity to make the shipment good.
Be sure to keep detailed records (dates, times, names, and phone numbers) and contact the
Purchasing Department for assistance if satisfactory results are not obtained in a timely
manner. Send copies of all documentation by email or fax to the Purchasing Department for
record keeping, follow-up, and vendor performance evaluation.
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After the physical receiving function has been performed (shipment and packing slip are correct),
electronic receiving must be performed in the Munis system as approval of payment after the
invoice is received by Accounts Payable.
Further detail on receiving goods and services online, how to handle invoices, and payment
procedures are contained in the Accounts Payable Processing Manual. Please contact Accounts
Payable at (817) 871-2123 for a copy of this manual.
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In accordance with Board Policy CH (Local), any purchase order or contract not supported by a
purchase order that exceeds $50,000 shall require Board approval before a transaction may take
place.
• Competitive Procurements (i.e. Bid or Proposal)
• Sole Source Procurements (Also called Single Source)
• Interlocal Agreement Purchases
• Emergency Procurements
Requirements for Fetters to the Board
The following are the minimum requirements that Schools/Departments need to include in their
letter to the Purchasing Department when requesting an item be submitted to the Board for
approval. The Letter should be typed on department letterhead and include the following
information:
Letter Head
Date:
To: Jonathan Bey, Executive Director, Purchasing
From: Requestors name, Title
Subject: Appropriate subject
Description/justification: Concise and accurate description of the goods or services that you
plan to purchase. Provide enough information so that the Board
will have no questions. For professional/consultant services
include the rate of pay per hour or per day and the length of service
(total numbers days, the school year, etc.).
Vendor name: XYZ Company (if the vendor is a consultant, this may be the name
of an individual).
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Category: Bid/Proposal number, Sole Source, InteI %J% aQ Agreement, etc.
Funding source: General Fund, Special Revenue Fund (for example IDEA-B), etc.
Cost: $(Total expense) or price per unit if applicable.
Participating Schools: Lists locations/schools, if applicable.
Signature: Name, title, and signature of requestor and the appropriate Cabinet
Member (i.e. Deputy Superintendent or Chief)
Cut -tiff Dates
Cut-off dates are very important when submitting items to the Board for approval. Board
meetings normally occur on the second and fourth Tuesday of each month. However during the
months of winter and summer break, there is normally only one Board meeting. Agenda
development schedules can be obtained by contacting the Policy, Planning and Governmental
Relations Division at 817-871-2755.
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Acknowledgement: Aform used by a vendor to advise a purchaser that an order has been
received, and usually implying acceptance.
Act of God: A contingency or occurrence that cannot be avoided by human power; a cause of
damage which is irresistible (e.g., hurricane, flood, lightening) and not attributable to negligence.
Advertising: A form of public notice of an intended purchase. See "Legal Notice."
Agency: (1) An administrative division of a government. (2) A relationship between two parties
by which one, the agent, is authorized to perform or transact certain business for the other, the
principal; also, the office of the agent.
All -or -None Bid: A bid submitted for a number of different items, services, etc., in which the
bidder states he will not accept a partial award, but will accept only an award for all the items,
services, etc., included in the Invitation for Bids. Such bids are acceptable only if provided for in
the Invitation, or if the bidder quoted an individual price for each of the items, services, etc., as
listed and is the low bidder on each item.
Alternate Bid: A bid submitted in knowing variance from the specifications, terms, conditions,
or provisions of the solicitation. Such a bid is acceptable only when the variance is deemed to be
immaterial.
Approved Vendor: An "approved vendor" is a vendor that has been awarded aBid/Proposal
through the FWISD competitive procurement process or through an Interlocal Agreement.
Assigned Budget Owners: Managers who are assigned ownership of a Board approved budget
and who are authorized to procure goods or services in accordance with the approved budget.
An ownership code is assigned as the last three digits of the account code.
Award: The acceptance of a bid or proposal.
Back Order: That portion of an order which a vendor does not deliver at the scheduled time and
has re-entered for shipment at a later date.
Best Interests of the District: The rationale granting the District discretion in taking action most
advantageous to the district when it is impossible to delineate adequately a specific response by
law or regulation.
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Bid: The executed document submitted by a Bidder in response to an Invitation for Bids, or a
multi -step bidding procedure.
Bid Bond: An insurance agreement in which a third party agrees to be liable to pay a certain
amount of money in the event that a specific bidder, if the bid is accepted, fails to accept the bid
award as bid.
Bid Deposit: A sum of money or check deposited with and as instructed by the prospective
purchaser to guarantee the bidder (depositor) will, if selected, accept the bid award in accordance
with the bid. If the bidder does not accept the bid award, he forfeits the amount of the deposit.
Bid Opening: The formal process through which bids are opened and the contents revealed for
the first time to the district, other bidders and usually, to the public.
Bid Sample: A sample required of a bidder for examination, comparison, testing, and evaluation
by the prospective purchaser.
Bid Security: A guarantee, in the form of a bond or deposit, that the bidder, if awarded a bid,
will accept the bid award as bid, otherwise the bidder (in the case of a deposit) or his/her
guarantor (in the case of a bond) will be liable for the amount of the bond or deposit.
Bidder: Any person submitting a competitive bid in response to a solicitation.
Bidders List: A mailing list maintained by the purchasing department setting out the names and
addresses of suppliers of various goods and services from whom bids, proposals, and quotations
can be solicited (also called the vendor mailing list).
Bill: A list of charges or costs presented by a vendor to a purchaser, usually enumerating the
items furnished, their unit and total costs, and a statement of the terms of sale: an invoice.
Blanket Purchase Order: A blanket purchase order is issued to an approved vendor
authorizing purchases from that vendor over a period of time. An arrangement under which a
purchaser contracts with an approved vendor to provide the purchaser's requirements for an item
or a service, on an as -required and often over-the-counter basis. Properly prepared, such an
arrangement sets a limit on the period of time it is valid and the maximum amount of money
which may be spent at one time or within a specified period.
Bona Fide: In good faith.
Brand Name: A name which serves to identify a product of a particular manufacturer. A trade
name.
Brand Name or Equal Specification: A specification that cites brand names, model numbers,
or other identifications as representing quality and performance called for, and inviting bids on
comparable items or products of any manufacturer.
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Bulk Purchasing: Purchasing H, large quantities to seek a lower price per unit; volume
purchasing.
Budgeted Purchases: Purchases that assigned budget owners are authorized to make within
approved budget limits.
Calendar Day: Every day shown on the calendar, Saturdays, Sundays, and holidays included.
Cash Discount: A discount from the purchase price allowed by the seller to the purchaser when
payment is made within a designated period.
Cash on Delivery (COD): Payment due and payable upon delivery of goods.
Catalog: A listing of item identifications arranged systematically.
Centralized Purchasing: A system of purchasing in which authority, responsibility, and control
of activities is concentrated in one administrative unit.
Change Order: A written order directing the contractor to make changes which the Changes
clause of the contract authorizes the District to order without consent of the contractor.
Code of Ethics: Written guidelines within which judgments and considerations of professional
ethics and behavior should be made for all public officials and employees of a district.
Collusion: A secret agreement or cooperation between two or more persons to accomplish a
fraudulent, deceitful, or unlawful purpose.
Combination Specifications: Contain elements of both design and performance specifications.
Some features of each are included to allow a vendor to use ingenuity to meet the performance
needs of the government and also to require certain necessary design characteristics. This is
probably the most common type of specification.
Commodity: An article of trade, a movable article of value, something that is bought or sold;
any movable or tangible thing that is produced or used as the subject of barter or sale.
Competition: The process by which two or more vendors vie to secure the business of a
purchaser by offering the most favorable terms as to price, quality, delivery and/or service.
Competitive Bidding: The submissions of prices by individuals or firms competing for a
contract, privilege, or right to supply merchandise or services.
Competitive Negotiation: A method for contracting for goods and services, whereby proposals
are solicited from qualified suppliers, following submission of which changes in proposals and
prices are allowed, and the offer deemed by the awarding authority to be most advantageous in
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terms of criteria as designated in the Request for Proposals is accepted; a negotiated
procurement.
Compeve Sealed Proposals: A term used for competitive negotiation as a source selection.
Component Purchases: Purchases of the component parts of an item that in normal purchasing
practices would be made in one purchase.
Confirming Order: A de facto purchase order issued to a vendor listing goods or services
procured verbally and/or outside established purchasing procedures. Since a confirming order
precludes competition it may be illegal under certain laws/ordinances.
Conflict of Interest: A situation where the personal interests of a contractor, public official or
employee are, or appear to be, at odds with the best interests of the district.
Contingency: A possible futw•e event or condition arising from presently known or unknown
causes, the outcome of which is indeterminate at the present time.
Cooperative Purchasing: (1) The combining of requirements of two or more political entities
to obtain the advantages of volume purchases, reduction in administrative expenses, or other
public benefits. (2) Procurement conducted by, or on behalf of, more than one Public
Procurement Unit, or by a Public Procurement Unit with an External Procurement Activity.
Delivery Schedule: The required or agreed time, or rate, of delivery of goods or services.
Delivery Terms: Conditions in a contract relating to freight charges, place of delivery, time of
delivery, or method of transportation.
Descriptive Literature: Information, such as illustrations, charts, drawings, and technical data
which show the characteristics or construction of a particular product or explains its operations,
furnished by a bidder as part of the bid to describe the items he offers. The term refers only to
information required to evaluate a product, and need not include other information such as that
relates to the qualifications of a bidder or operating or maintaining equipment.
Design -Build: The district and the design build contractor enter into a specific contract wherein
the contractor undertakes the responsibility to provide for the design and construction of the
project in conformance with basic requirements which have been set forth by the district. The
contract may be lump sum, cost plus a fee or guaranteed maximum, lease or lease -purchase. The
contract is generally entered into after project definition but before substantial design work has
been done.
Design Specifications: Atype or manner of writing a purchase description characterized by
detail as to how the product is to be manufactured or work is to be performed; generic
specification. Appropriate for a unique product or custom work.
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Designee: A duly authorized representative of a person holding a superior position.
Discount: An allowance or deduction from a nol mal or list price extended by a seller to a buyer
to make the net price more competitive.
Emergency Purchases: Two types of emergency purchases are made in districts. One type
results from an eminent threat to the health, safety, or welfare of students. Such purchases must
comply with state law and may be made only after a formal board action declaring an emergency
and authorizing the purchase. The second type of emergency purchase usually is defined by
local policy to provide for the acquisition of goods or services to meet an immediate need such
as purchases to repair damage to a facility which may imperil students or the security of the
facility.
End User: Staff member from a school or department who initiates the request for purchase
(requisition).
Equipment: Personal property of a durable nature which retains its identity throughout its useful
life.
Evaluation Committee: A committee which advises and assists the purchasing office in
evaluation and award, usually employed in high tech and purchase of services transactions.
Evaluation of Bid: The process of examining a bid after opening to determine the bidder's
responsibility, responsiveness to requirements, and to ascertain other characteristics of the bid
that relate to determination of the successful bidder.
Fiscal Year: A period of 12 consecutive months selected as a basis for annual financial
reporting, planning, or budgeting.
F.O.B.: "Free on Board" specifies when the title for shipped merchandise transfers to the
district. F.O.B. is often followed by the text that specifies which party is responsible for freight
charges and damages or losses while in transit.
F.O.B. Destination: Under these terms, the risk of loss of goods does not pass to the district
until the goods are delivered and the district has accepted the shipment. If the shipment is
refused or never reaches its destination, the vendor is responsible for re -shipping new goods at
their expense. It is recommended that all orders be placed as F.O.B. Destination.
F.O.B. Origin: Under these terms, the risk of loss passes to the district when the carrier picks
up the shipment from the vendor. The district is responsible for the merchandise at that point. If
the merchandise is damaged or lost in shipment, the district owes the vendor full payment
regardless. If there are damages or shortages, the district is responsible for filing any needed
freight claims to attempt to recover the damages. If goods must be replaced, a new order must be
placed with the vendor. The district does not recommend using F.O.B. Origin.
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Identical Bid: A bid that is the same in all respects with another bid.
Ineligible Bidder: A supplier or prospective supplier who, by reason of financial instability,
unsatisfactory reputation, poor history of performance, or other deficiency, does not meet the
qualifications for placement on the vendor mailing list (bidder's list) or for awards also non -
responsible bidder.
Inspection: Critical examination and/oi• testing of items to determine whether they have been
received in the proper quantity and condition and conform to the applicable specifications.
Invitation for Bids (IFB): (1) The solicitation document used for competitive sealed bidding,
the customary method used by state and local governments for the purchase of equipment,
materials, supplies, and construction. (2) All documents, whether attached or incorporated by
reference, utilized for soliciting bids.
Late Bid Proposal: A bid or proposal received at the place specified in the solicitation after the
time designated for all bids or proposals to be received.
Legal Notice: Notice of a proposed purchase as required by law. Depending upon the legal
requirement, notice may be satisfied by posting an announcement of the purchase in a public
place, notification of the appropriate bidders from the vendor mailing list (bidder's list), formal
advertisement in a newspaper or newspapers, or a combination of these methods.
Lease -Purchase Agreement: A lease contract containing a purchase option in which the lessee's
periodic payments or parts thereof may be applied to serve both as the rental obligation and as
installments for acquiring ownership of the property upon lessee exercising the purchase option,
a conditional sales contract.
Life -Cycle Costing: A procurement technique which takes into account demonstrable and
documented operating, maintenance, the cost of money, and other costs of ownership and usage,
and resale or residual value in addition to acquisition price in malting an award on low total cost.
Lowest (Responsive and) Responsible Bidder: Originally, the bidder submitting the lowest
initial price and capable of performing the proposed services or provide the proposed goods.
Under modern purchasing concepts, often construed as generally the same as the "lowest
responsive and responsible bidder," or the bidder who submits the "lowest and best bid," or the
most advantageous bid, price, and other factors considered." For clarity and accuracy, the
recommended provision for determining award is the "responsive and responsible bidder whose
bid is most economical for the purpose intended, according to criteria set forth in the
solicitation."
Multiple Awards: The award of bids/proposals to two or more bidders for the same or
essentially similar items. Appropriate only in situations where a single award would be
impossible or impractical and awards are limited to the least number of suppliers necessary for a
workable contract.
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Multi -Step Competitive Bidding: A competitive process calling for separate submissions of a
technical proposal (which may be negotiated) as the first step or steps of the process followed by
a call for non-negotiable competitive price bid as the final step.
Munis Vendor: A "Mums vendor" is a vendor that is established in the Munis Financial
Management System.
Non -responsive Bid: A bid that does not conform to the essential requirements of the invitation
for Bids; nonconforming bid; unresponsive bid.
Option to Renew: Abid/proposal clause that allows a party to elect to re -institute the
bid/proposal for an additional term.
Performance Bond: A contract of guaranty executed subsequent to award by a successfiil
bidder to protect the district from loss due to vendor's inability to complete the bid/proposal as
agreed.
Performance Record: Record to indicate a supplier's ability to keep delivery promises and
reliability, together with consistency of quality and performance of the products and services
furnished.
Performance Specifications: Where the goods and/or services are described in terms of
required performance. They may include such details as required power, strength of material,
test methods and standards of acceptability and recommended practices.
Pre-Bid/Proposal Conference: A meeting scheduled in a solicitation for the purpose of
providing clarification as needed. Substantive questions raised at a pre -bid conference are
answered in writing and may modify the solicitation.
Procurement: The procedures for obtaining goods or services, including all activities from the
planning steps and preparation and processing of a requisition, through receipt and acceptance of
delivery and processing of a final invoice for payment. The acts of preparing specifications,
evaluating bids or proposals, making awards, and administering contracts are involved, in some
contexts property management is implied.
Professional Services: Often technical, and/or• unique functions performed by independent
contractors whose occupation is the rendering of such services. While not limited to licentiates,
the services are considered "professional," and the contract may run to partnerships, firms, or
corporations as well as individuals. Examples of professional services include medicine and the
medical arts, architectural and engineering services, management and systems consultation,
research, and the performing arts.
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Proposal: The executed document submitted by an offeror in response to a Request for Proposal
and the basis for subsequent negotiation).
Proposal Evaluation Criteria: Factors, usually weighted, relating to management capability,
technical capability, manner of meeting performance requirements, price and other importance
considerations used to evaluate which proposer in a competitive negotiation has made the most
advantageous offer.
Purchase Order: This document serves as a formal order for goods, materials and/or services
from a vendor. A purchase order, once approved, is a binding commitment for a district to remit
payment to the vendor after the item(s) and an invoice are received by the district. Acceptance
of a purchase order by the vendor constitutes a contract.
Quotation: A statement of price, terms of sale, and description of goods or services offered by a
prospective seller to a prospective purchaser, usually for purchases below the amount requiring
formal bidding; the stating of the current price of a commodity, or the price so stated.
Request for Information (RFI): The document used in informal, uncompetitive solicitation of
information, data, comments, or reactions from possible suppliers preceding the issuance of a
Request for Proposals or a multi -step bidding procedure.
Request for Proposal (RFP): (1) All documents, whether attached or incorporated by reference,
utilized for soliciting (competitive) proposals. The RIP procedure permits negotiation of
proposals and prices as distinguished from competitive bidding and an Invitation for Bids. (2)
The solicitation document used in the competitive negotiation process. The procedure allows
changes to be made after proposals are opened and contemplates that the nature of the proposals
and/or prices offered will be negotiated prior to award.
Requisition: A requisition is an internal document by which a campus or department of the
district requests the purchasing department to initiate a purchase order. It is a request generated
electronically (through use of the automated system Munis) for the purchase of supplies,
services, equipment, etc. A requisition is an un-approved purchase order. No purchasing
commitment shall be made without an approved purchase order.
Responsible Bidder: A person who has the capability in all respects to perform in full the bid
requirements, and the integrity and reliability which will assure good faith performance.
Responsive Bidder: (1) A person who has submitted a bid which conforms in all material
respects to the Invitation for Bids. (2) One whose bid conforms in all material uespects to the
terms and conditions, the specifications and other requirements of the Invitation for Bids.
Sealed Bid: A bid which has been submitted in a sealed envelope to prevent its contents being
revealed or known before the deadline for the submission of all bids: usually required by law or
rule on major procurements, to enhance fair competition.
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Separate Purchases: Purchases, made separately, of items that in normal purchasing practices
would be made in one purchase.
Sequential Purchases: Purchases, over a period, of items that in normal purchasing practices
would be made in one purchase.
Sole Source Procurement: A purchase or award for a commodity or service to the only legally
capable supplier, occasioned by the unique nature of the requirement, the supplier, or market
conditions.
Special Revenue Fund: Proceeds of specific program grants that are legally restricted to
expenditures for specified purposes.
Specification: A description of what the purchaser seeks to buy, and consequently, what bidder
must be responsive to in order to be considered for award of a contract. A specification may be a
description of the physical or functional characteristics, or the nature of, a supply of service. It
may include a description of any requirements for inspecting, testing, or preparing a supply or
service item for delivery. A purchase description.
Standardization (of Specifications): The process of examining characteristics and need for
items of similar end usage and developing a single specification that will satisfy the need for
most or all purchases for that purpose.
Supplies: Customarily, items that are consumed or expended in the course of being used, as
distinguished from equipment and materials; but in some purchasing terminology, all items
except construction and services.
Tabulation of Bids: A recording of bidders and abstract of their bids listing items offered,
prices, deliveries, etc., in response to a specific solicitation, made for purposes of comparison
and recordkeeping, an abstract.
Terms and Conditions: A general reference applied to the provisions under which bids must be
submitted and which are applicable to most purchase orders.
Testing: Determination of the physical, chemical, or performance characteristics of items.
Testing may be conducted in connection with developing specifications and standards, making
comparative evaluations of products offered on bids, and ascertaining compliance with
specifications before or after a bid/proposal award.
Title: The means whereby a person's ownership of property is established.
Uniform Commercial Code: Uniform statute law adopted by states for consistency and
modernity in law governing commercial transactions.
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Warranty: A representation of utility, condition, and durability made by a bidder for a product
offered.
Warehouse Requison: A warehouse requisition may be used to obtain supplies or materials
(a catalog describing items in the warehouse is available by contacting the Warehouse
Department). A warehouse requisition is completed at the department or campus level and
submitted to the warehouse. Warehouse personnel then review the requisition for accuracy,
completeness and availability of funds. After processing the requisition, the supplies and
materials are removed from the warehouse stock and delivered to the appropriate party. A
Warehouse Inventory Catalog can be printed at any time. Contact Richard Longoria, Warehouse
Director, with any questions (817) 871-2663.
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individual entity the cost of going through the competitive process. Vendors with TCPN awarded
contracts have agreed to provide the best pricing, terms and conditions available to similar
customers. The website is �vww.tcpn.org.
Texas Procurement and Support Services (TPASS)
Texas Procurement and Support Services (TPASS) awards and manages hundreds of statewide
contracts on behalf of more than 200 state agencies and 1,800 cooperative purchasing members.
With a massive marketplace and billions of dollars in purchasing power, Texas offers abundant
opportunities for vendors of a wide variety of goods and services, including minority- and
women -owned businesses. The website is w ww.N.\ indow.state. ta us/procurement.
1. TXMAS —Texas multiple award schedule (TXMAS) contracts that have been developed
from contracts that have been competitively awarded by the federal government or any
other governmental entity of any state. As the responsible federal entity, the General
Services Administration's .(GSA) Federal Supply Service awards Federal Supply
Schedule contracts by competitive procurement procedures for more than 50 schedules
that cover multiple commodities and services. The prices reflected on GSA schedule
contracts are the most favored customer (MFC) prices and the maximum price allowable.
TXMAS contracts take advantage of the MFC pricing and under certain circumstances,
an agency or local government entity, may negotiate a lower price for the goods or
services offered on a schedule contract. A "best value" purchase can be made by
following the TXMAS purchasing procedures.
2. DIR —Department of Information Resources. The 79th Texas Legislature signaled a clear
mandate for the state to restructure the roles and responsibilities for its investment in
information and communications technology. DIR responded to this mandate in its 'OO7
State Strategic Plan for Information Resources Mana�jement. In that document, DIR
established five statewide goals:
• Reduce Government Costs
• Drive Effective Technology Contracting
• Leverage Shared Technology Operations
• Promote Innovative Use of Technology that Adds Value
• Protect Technology and Information Assets
DIR continues to ensure the effective and efficient use of public funds by promoting
opportunity and economic prosperity for the state's citizens through the successful
application of statewide services and technologies that are beneficial, secure, accessible,
and utilize a statewide shared infrastructure.
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EXHIBIT
GRANT REQUIREMENTS
1. In order to assist the City in the monitoring of the grant, and in fulfilling its requirement
under the grant to submit to monitoring by the Department of Justice, District will be
responsible for submitting periodic program and progress reports as requested by the
City, Grants and Contracts Management Division. The program and progress reports
must contain all or part of the following information:
(1) Progress in achieving the following project goals and objectives:
(a) Establishing a purchasing plan that will identify all grant related equipment and
providing a copy to the City.
(b) Increasing security personnel's ability to monitor and protect students
throughout all District school campuses.
(c) Improving the City's ability to respond to an incident on campus quickly and
safely
2. District execution of this MOU will serve as written proof (certification) of cash
matching funds under this grant program.
3. The Department of Justice may conduct or sponsor national evaluations of the COPS
Program. District agrees to cooperate with the evaluators and with City in its participation
in the evaluation.
4. District agrees to abide by the terms, conditions, and regulations as found in the Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, 28 C.F.R. Part 66 (or the Uniform Administrative Requirements for Grants
and Cooperative Agreements with Institutions of Higher Education, Hospitals and other
Non -Profit Organizations, 28 C.F.R. Part 70, as applicable).
5. District agrees to comply with the terms and conditions in the 2009 COPS Secure Our
Schools Grant Owner's Manual; COPS statute (42 U.S.C. 3796dd, et, seq.); and all other
applicable program requirements, laws, orders, regulations, or circulars.
6. District agrees to comply with request for information as reasonable requested by the
City.
Memorandum of Understanding 7 of 7
District and City of Fort Worth
2009 COPS SOS Grant Program
1AN
i . •Mull
el
COUNCIL ACTION: Approved on 12/15/2009 —Ord. No. 18977-12-2009
DATE: Tuesday, December 15, 2009 REFERENCE NO.: G-16803
LOG NAME: 35SOSCOPS09
SUBJECT:
Ratify the Application for a Community Oriented Policing Services Office, Secure Our Schools, Fiscal Year
2009 Grant Award in the Amount of $459,550.00 from the United States Department of Justice; Authorize the
Execution of a Contract with the Department of Justice in Order to Accept the Award; Authorize the
Execution of a Related Memorandum of Understanding with the Fort Worth Independent School District and
Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to ratify the application for a Department of Justice, Community Oriented
Policing Services Office, Secure Our Schools Grant in the amount of $459,550.00;
2. Authorize the City Manager to execute a Contract with the Department of Justice in order to accept the
award;
3. Authorize the City Manager to execute a Memorandum of Understanding with the Fort Worth Independent
School District which provides that the City of Fort Worth will serve as the cognizant fiscal agent for the
purposes of administering the grant and that the Fort Worth Independent School District will spend
$495,550.00 in matching funds towards meeting the goals outlined in the Memorandum of Understanding;
4. Authorize the Fort Worth Independent School District match to be recorded as in —kind in an amount not to
exceed $4595000.00; and
5. Adopt the attached appropriation ordinance, increasing estimated receipts and appropriations in the Grants
Fund by $919,100.00 upon receipt of of the grant.
DISCUSSION:
The Fort Worth Independent School District (District) currently operates traditional video systems in only
some of its schools. The lack of a surveillance system at District schools is of particular concern because
many of the campus structures create voids in viewable spaces on campus that are not easily monitored by
staff during the school day. Far too often, school officials are not aware of a problem until it has escalated to
a more serious incident. Therefore, the District developed plans to install additional video surveillance
equipment in its high schools and middle schools. This grant will fund such installation at all District high
schools and a number of middle schools.
The Department of Justice, Community Oriented Policing Services (COPS) Office, was established as a
result of the Violent Crime Control and Law Enforcement Act of 1994 to assist law enforcement agencies in
enhancing public safety through the implementation of community policing strategies across the country. In
May 2009, the Department of Justice issued a grant program announcement enabling law enforcement
agencies to partner with local school districts in a joint grant proposal to acquire and deploy cutting edge
crime fighting technologies. The Fort Worth Police Department and the District jointly developed a
collaborative proposal that will provide $459,550.00 in grant funds with the District providing a cash match
of $459,550.00 for a total program budget of $919,100.00. The combined program budget will fund the
purchase of 634 Outdoor 2.8-10mm IP Dome Cameras as part of an integrated security system made up of
cameras, servers, hard drives, physical access controls and internal alarm systems. The system will provide
central monitoring by staff and police allowing the capability to monitor school grounds at all times utilizing
this web —based system. The program funds will also allow for the purchase of one Qstar Flashcam Movable
Graffiti Camera, five walk through metal detectors, 30 media servers, 300 one—terabyte STA Drives for
monitoring platforms and six all —terrain grade laptops to be used exclusively for police personnel access to
the web —based surveillance system. This police monitoring capability will provide police personnel critical
real time access of incident situations throughout the District. All District high schools and one half of the
District's middle schools will be equipped under this program. The remainder of the middle schools will also
be equipped with the same system but will be funded solely by the District. The COPS Office will reimburse
the District through the City as the fiscal agent for this grant award.
A Memorandum of Understanding (MOU) will be developed and executed by the City and the District to
define the responsibilities of each entity to work together to manage the program's total funding to purchase
and install the digital surveillance system. The Fort Worth Police Department, Grants and Contracts
Management Division, will oversee the administration and program performance aspects of the program,
handle reporting for the sub —recipient and will act as the fiscal agent for the grant funds through the life of
the grant. The Police Department will receive and install the six all —terrain laptop computers in six patrol
cars for monitoring purposes. The District will design, purchase and install the systems equipment under this
grant and provide the 50 percent cash match for the grant.
The Contract for the purchase and installation of the digital surveillance system will be developed and
awarded by the District in accordance with the District's purchasing policy. The District will own the system
upon purchase and installation.
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451891 035423435000 $459.550.00
GR76 5(VARIOUSI 035423435010 �459.550.00
3R76 488149 035423435000 $45U50.00
3R76 541130 035423435020 $459,550900
CERTIFICATIONS:
Submitted for City Manager's Office by_ Tom Higgins (6192)
Originating Department Head: Jeffrey W. Halstead (4210)
Additional Information Contact: Monique Lee (4221)
ATTACHMENTS
1. 35SOSCOPS09 Ordinance.doc