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  2. Purchasing

Purchasing

CO-OP Memberships:

Florence ISD utilizes cooperative and inter-local contracts so that goods and services can be purchased at competitive prices. The cost savings and reduced administrative costs is a great benefit to the District and Florence ISD is a member of the following purchasing cooperatives and governmental entities:

  • US Communities / Omnia
  • BuyBoard
  • TIPS / Region 8
  • Texas SmartBuy
  • 1GPA
  • ASC / Region 19
  • DIR / TX Dep.Inform.Res.
  • Sourcewell
  • PACE / Region 20
  • Houston-Galveston Area Cooperative (H-GACBUY)

Purchase Order Terms & Conditions:

ACCEPTANCE: This Purchase Order constitutes a binding contract between the Vendor and Florence Independent School District (Florence ISD), to furnish the goods or service(s) specified on the face of the Purchase Order. By acceptance of this Purchase Order, the Vendor agrees to furnish all goods or service(s) in accordance with these terms and conditions specified herein.

AGREEMENT: This Purchase Order represents the basis for the Vendor to deliver the required goods or service(s). The terms and conditions of applicable Florence ISD Request for Proposal, cooperative purchasing agreements and job order contracts are incorporated herein.

ASSIGNMENT: The rights and responsibilities of the Vendor to furnish the goods or service(s), specified herein will not be subcontracted, assigned, transferred, mortgaged, pledged or disposed of, unless agreed to by Florence ISD and the Vendor.

CANCELLATION: Florence ISD reserves the right to cancel this Purchase Order at any time. If this Purchase Order is cancelled pursuant to the Vendor’s default, Florence ISD may obtain similar goods or service(s) elsewhere, and charge the Vendor for any damages incurred.

CHANGES: Florence ISD reserves the right to make changes to this Purchase Order (e.g., increase/decrease quantities, change delivery address). Any changes to the Purchase Order will be communicated to the Vendor.

DELIVERY: The Vendor shall deliver all goods Free On Board (F.O.B.) Destination, unless specified on Purchase Order.

DISCOUNTS: The Vendor shall indicate on the invoice any prompt payment discounts or trade discounts.

INDEMNIFICATION: The vendor shall indemnify and hold harmless Florence ISD (including the Board of Trustees and the employees of Florence ISD) from all claims of liability to third parties (including but not limited to: the injury or death of person(s), or the loss or damage to property) arising out of or in connection with the performance of the Vendor. The Vendor shall indemnify and hold harmless Florence ISD (including the Board of Trustees and the employees of Florence ISD) from all liabilities, cost, expenses, attorney fees, fines, penalties, or damages for any or claimed infringement of any patents, trademarks, copyrights, or other corresponding right(s) which is related to any part of the goods or service(s) the Vendor is required to provide or perform. The Vendor’s obligation to this clause shall survive acceptance and payment of the goods or service(s) by Florence ISD.

INSURANCE: The Vendor shall be required to carry insurance protection as approved by Florence ISD.

INSPECTION: Prior to acceptance and payment, Florence ISD reserves the right to inspect all goods (in whole or in part) and service(s) furnished by the Vendor. Goods or service(s), which (in the opinion of Florence ISD) fail to conform to the required specification(s) or standard(s), may be considered nonconforming.

INTERPRETATION: This Purchase Order shall be construed and interpreted solely in accordance with laws of the State of Texas. Venue of any suit, right or cause of action arising shall lie exclusively in Williamson County, Texas.

INVOICING: Invoices should include the Florence ISD Purchase Order number. Payment may be delayed if Purchase Order number is not on invoice.

NON-CONFORMANCE: The Vendor assumes all liability for shipping goods that do not meet the specification(s) and standard(s) specified on the face of the Purchase Order. Florence ISD reserves the right to accept or reject goods that are non-conforming. If Florence ISD rejects the non-conforming goods, said goods shall be returned to the Vendor at the Vendor’s expense. The Vendor shall use “best efforts” to replace any non-conforming good(s) at the Vendor’s risk and expense.

PERFORMANCE: By acceptance of this Purchase Order, the Vendor agrees to use “best efforts” to furnish the required goods or service(s).

PRICES: The price(s) specified on the face of the Purchase Order shall remain firm until Florence ISD has processed the Vendor’s invoice, or until the item has been accepted by Florence ISD (whichever is later).

PRODUCT RECALL: The vendor shall notify the Purchasing Agent of Florence ISD immediately if a product recall is instituted on any item(s) the Vendor has delivered. This requirement shall survive payment and acceptance.

QUANTITIES: Quantities in excess of the quantities specified on the face of the Purchase Order may be returned to the Vendor at the discretion of Florence ISD. All risk and expense for the return of the good(s) shall be borne by the vendor.

QUALITY: In the event no quality is specified on the face of the Purchase Order, the goods delivered and/or service(s) rendered hereunder shall be of the best quality. The Vendor shall ensure that all goods delivered to Florence ISD will be new (i.e., previously unused and in its original packaging), and have not been remanufactured or refurbished. The Vendor also warrants that all services will conform to the standard(s) established herein.

SAFETY: If applicable, the Vendor shall deliver Material Safety Data Sheets (MSDS) with the requested good(s).

TAXES: The Vendor shall not include taxes on the invoice. Tax Exempt # 74-6000844.

TERMS: Unless otherwise specified, payment terms are net thirty (30) days. All payments are subject to Texas Government Code Chapter 2251.

TERMS OF PURCHASE PAYMENT - The Vendor will not sell or release on credit terms, any goods, product or service (s) to persons who do not produce a Florence Independent School District Purchase Order and District ID. In this event, the Vendor assumes all liability for cost of said product or goods.

TITLE: The title to any item delivered shall pass to Florence ISD upon acceptance or payment (whichever is later).

WARRANTY: The Vendor warrants that all goods and service(s) furnished, shall be free from all defects, conform to all applicable specifications, and be suitable for its intended purpose(s). Neither acceptance of, nor payment for said goods and service(s) shall constitute a waiver or modification of any warranties of the Vendor, or the rights of Florence ISD.

Vendors:

Vendors are approved/added through the District Accounts Payable office. Items may be procured through District bidding, through co-op awarded bid (listed below), through price quote, or through spot purchase, depending on the amount. The aggregate amount of like-item purchases throughout the year can also determine the method of procurement. Prior approval in the form of an approved purchase order is required before any purchase may be made.  Single purchases of $50,000 or more require board approval before the purchase may be authorized. As a note, technology devices that work with the district network must be approved by the Technology Department. Instructional software and services are approved though the Curriculum Department. 

 

Vendors / Contractors – Fingerprinting Notice:

The Texas DPS will change how it grants Clearinghouse access to schools and contractors for the purposes of reviewing criminal history under TEC §22.0834. School contractors will only be granted access to fingerprint results that were obtained under the federal National Child Protection Act (NCPA) if the contractor meets NCPA criteria. Additionally, schools will no longer be given access to fingerprinting results if they were obtained under NCPA authority or through another agency. 

When these changes are implemented, school districts and charter schools will lose access to the criminal history records of individuals who were previously fingerprinted by contractors or by HHSC. Although the fingerprint results will be in the DPS Clearinghouse, the results will be partitioned and cannot be accessed. If school districts or charter schools need to review the criminal history of these individuals, they will need to fingerprint the individuals again. 

School districts and charter schools may only access the records of individuals that districts printed under TGC §411.097, TEC Chap. 22, Subchapter C, or through a Local Education Entity (LEE) pass.

OPTIONS FOR ACCESSING THE DPS CLEARINGHOUSE GOING FORWARD:

School districts or charter schools may take one of two paths to ensure that contractors are fingerprinted:

•    Option 1 – Schools may fingerprint a contractor and/or contractor’s employees using the Local Education Entity (LEE) Fast Pass option. The contractor, however, will not be able to view the results through the DPS Clearinghouse. 

•    Option 2 – Texas-based contractors that provide care or care placement services may fingerprint their W-2 employees who have access to students. In this situation a contractor can certify that they are in compliance with TEC §22.0834. However, schools will not have access to the same fingerprint results. A private contractor that does not meet the NCPA criteria to access criminal history will not be granted access to the DPS Clearinghouse. 

Schools and contractors may request access to the DPS Secure Site FACT Clearinghouse by calling 512-424-2474, Option 1.

 

Conflicts of Interest: 

Florence ISD Maintains a public internet list of local government officers and disclosure statements covering conflicts of interest.

Any individual or business entity that contracts or seeks to contract for the sale or purchase of property, goods, or services with Florence ISD must file a Conflict of Interest Questionnaire with the FISD Business Office in accordance with Texas Local Government Code Chapter 176, no later than the seventh business day after the recipient becomes aware of facts that require filing. 

Disclosure is required if:

  1. the person has employment or other business relationship with the local government officer or a family member resulting in the officer or family member receiving taxable income more than $2,500; or
  2. the person has given the local government officer or family member one or more gifts (excluding food, lodging, transportation, and entertainment) that have an aggregate value of more than $100 in the twelve-month period preceding the date the officer becomes aware of an executed contract or consideration of the person for a contract to do business with the district; or
  3. the person has a family relationship with a local government officer that is either 3rd degree of consanguinity (blood) or 2nd degree of affinity (marriage).

Statements must be filed within 7 business days after the officer becomes aware a conflict of interest exists.

Officers of the Florence Independent School District are:

  • Rick Kirkpatrick, Superintendent
  • Ed Navarette, President
  • Joshua Atkinson, Vice President
  • Jason Earp, Secretary
  • Jeff Stone
  • Anthony DeAugustineo
  • Charles Giddens
  • Pete Burson
  • Any agent/employee who exercises discretion in the planning, recommending, selection or contracting of a vendor

The Texas Ethics Commission owns the form and necessary revisions, and the vendor is responsible for obtaining the latest form. For your convenience, we have provided a link to the Conflict of Interest Questionnaire (Form CIQ). Please complete, email to ebanfield@florenceisd.net or mail to:

Florence ISD
Business Office
306 College Avenue

Florence, TX 76527

For further information, call (254) 793-2850.

Filed Conflict of Interest Forms:

Sue Banfield – CIQ

Eric Banfield – CIS

Filed Affidavits of Substantial Interest:

20230122 Rick Kirkpatrick/Walsh Gallegos Affidavit of Substantial Interest

20231107 Rick Kirkpatrick/O’Connell Robertson Affidavit of Substantial Interest