Revised August 4, 2008

Contracts

What is a Contract?

A contract is……--An enforceable agreement

between two parties--An agreement in which each party

agrees to give up something in exchange for something else

--Legally binding and can be settled in a court of law

Typical Contract Provisions Duties and obligations of the parties Representations and warranties Termination Clauses Assignment Clauses Acts of God Indemnity and Damages Insurance Choice of Law Venue

SAMPLE WFISD CONTRACTS

Software licensing agreements Professional engineering agreements Rental agreements Consultant agreements Maintenance agreements

CONTRACT ACTION FORM

(CAF)

SIGNATURE AUTHORITY

Level of ApprovalActivity

Funds

District

Funds

Has it met

purchasing

requireme

nts?

Principal or Director Approval

Required

Under

$10,000

Under

$10,000Yes

Assistant Superintendent or

CFOO

Approval Required

Over

$10,000

Over

$10,000Yes

Superintendent Approval

Required

Over

$50,000

Over

$50,000Yes

Board of Trustee Approval

Required

Over

$100,000

Over

$100,000Yes

After CAF is completed and two copies of

contracts are executed by appropriate WFISD employee, originator is

responsible for obtaining signatures from vendor.

Vendor Signatures

Contract Routing

One original fully executed contract should be kept by vendor, one original fully executed contract should

be forwarded to Legal Services.

Additional Contract Routing

Copies of contracts should be retained by originator and provided to other employees “deemed necessary”.

Purchase Orders with Vendor Contracts

Purchase Orders should be issued at the time the contracts are executed

Services – including services purchased through Student Activity Funds• Band consultants• Color Guard trainers• Athletic trainers

Reason:• Gives better control over your budget• 1099s should be issued for many services

• This shifts the burden of the 1099 to the Finance department and away from your campus

New TEA Account Codes and definitions for Services

6219 – Professional Services • New definition

• required to be licensed/registered with the state

• Fee basis for specialized services

• Normally in areas that supplement the expertise of the school district

• Examples:• Architecture Optometry

• Professional Engineering Medicine

• Accounting Professional Nursing

New TEA Account Codes and definitions for Services (cont’d)

6291 – Consulting Services• Definition

• Practice of improving performance through analysis of existing problems and development of future plans

• May involve:• identification of best practices• analytical techniques• change management and coaching skills• technology implementations• strategy development• operational improvement

• Consultants rely on their “outsider’s” perspective to provide unbiased recommendations• They bring formal frameworks or methodologies to identify problems or suggest more

effective/efficient ways of performing tasks• Cover all functional areas:

• Instruction – • Curriculum• Administration

New TEA Account Codes and definitions for Services (cont’d)

6299 – Miscellaneous contracted services not specified elsewhere• Outside presenters for staff development

trainings