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BUSINESS PROCEDURES
SECTION 800
Joint SD391 Home Page
POLICY TITLE: Statement of Guiding
Principles POLICY NO: 800
The board of education recognizes that its primary purpose is to provide the best
education possible within the limits of the established curriculum and the financial
ability of the school district. The board of education also recognizes its deep
responsibility to the citizens of the school district for the efficient use of public
funds. It shall, therefore, be the duty of the board of education of determine guidelines
for the most effective use of public funds and for reporting to the public.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Section 33-506
POLICY TITLE: Budget Planning POLICY NO:
801
Budget planning and preparation is the responsibility of
the board working through the superintendent. The superintendent or designee
will develop all appropriate statistical and financial information required by
the board to develop final budget plans.
Following preliminary planning and no later than
twenty-eight (28) days prior to the board’s annual meeting, the proposed
budget will be available and a public hearing on the budget will be held. At the
public hearing, or at a special meeting held no later than fourteen (14) days
after the public hearing, the board will adopt a budget for the ensuing year.
Not later than April 30 of each year, the budget hearing
will be scheduled. The clerk of the board will notify the county clerk of the
date and location set for the budget hearing.
In the event no budget hearing will be held, the county clerk will be so
notified. Proper notice of the
budget hearing will be posted as required by law, and a copy of the proposed
budget will be available for public inspection at all reasonable times at the
administrative offices of the district.
A summary statement of the budget will also be prepared and
published for the ensuing year. The statement will be in a manner consistent
with standard accounting principles and in such form as required by the State
Superintendent of Public Instruction. The summary statement will show the
following:
-
Amounts
budgeted for all major classifications of income and expenditures, with
total amounts budgeted with salary and wage expenditures in each such
classification shown separately;
-
Amounts
previously budgeted for the two (2) previous years for the same
classification of proposed comparison.
The budgeted dollar amounts of revenue—as approved within
the adopted budget—in those categories included in Idaho Code section 33-802,
which deals with school levies, will be the same as presented to the respective
county commissioners for tax levying purposes.
Once the budget is approved by the board, it will serve as
a spending plan for the fiscal year. However, the board will have the authority
to amend the budget as provided by law when circumstances warrant.
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LEGAL
REFERENCE:
Idaho Code Sections
33-402(f) 33-801
33-512(2) 33-802
33-701
33-802A
ADOPTED:
July 8, 1996
AMENDED:
January 12, 1998
AMENDED: December
14, 1999
POLICY TITLE: Budget Adjustments POLICY
NO: 803
This board shall review the district's budget periodically and make appropriate budget
adjustments to reflect the availability of funds and the requirements of the district.
Any person or persons proposing any budget adjustments shall notify in writing each
member of the board one (1) week prior to the meeting in which such proposal will be made.
Prior to the final vote on such a proposal, notice shall be posted and published once as
described Section 33-402, Idaho Code.
A budget adjustment shall not be approved unless voted affirmatively by sixty (60)
percent of the members of the board. All amended budgets shall be submitted to the State
Superintendent of Public Instruction.
Revenues derived from maintenance and operation levies made pursuant to Section 33-802,
Idaho Code, shall be excluded from budget adjustments provided for in this policy.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Sections
33-402
33-701
33-802
POLICY TITLE: Monthly Budget and
Treasurer’s Report POLICY NO: 806
A monthly budget report shall be prepared showing operation of the maintenance and
operation budget, and giving cumulative expenditures and available balances in each major
section of the district's accounts.
A monthly treasurer’s report shall be prepared showing receipts, expenditures, and
cash balances in each budget account of this district.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Sections
33-506
33-509
POLICY TITLE: Conditions for
Use of District Vehicles POLICY NO: 808
OVERVIEW
As a driver of a district vehicle, the authorized driver has been given certain
privileges. He/she assumes the duty of obeying all motor vehicle laws,
maintaining the vehicle properly at all times, and, otherwise, following the
policies and procedures outlined below.
VEHICLE FLEET PURPOSE
District vehicles are provided to support business activities and are to
be used only by qualified and authorized employees. Use of a district vehicle
is not to be considered a part of an employee’s compensation. In all cases,
these vehicles are to be operated in strict compliance with motor vehicle laws
of the jurisdiction in which they are driven and with the utmost regard for
their care and cost-efficient use.
District vehicles may be used only as authorized by the district and for its
business activities.
DRIVER LICENSING
Persons authorized to drive district vehicles must have a valid driver’s license
issued by the State of Idaho or in the state of a driver’s current residence for
the class of vehicle being operated. Obtaining a driver’s license is a personal
expense.
DRIVER QUALIFICATIONS
Driver qualifications are as follows:
1.
Authorized employee of district.
2.
Must be at least 18 years of age.
3.
Have at least one year of experience in the class of vehicle operated.
4.
Must possess a current valid license for operation of the vehicle.
Persons will not
qualify to drive a district vehicle if, during the last 36 months, the driver
has:
1.
Been convicted of any felony.
2.
Been convicted of sale, possession and/or use of drugs.
3.
Been convicted of an alcohol- or drug-related offense while driving.
4.
Had a driver’s license suspended or revoked.
5.
Been convicted of three or more speeding violations or one or more other
major violation.
6.
Been involved in two or more chargeable accidents.
REVIEW OF MOTOR
VEHICLE RECORD
State Motor Vehicle Records (MVRs) may be used to verify a driver’s history.
MVRs may be obtained and reviewed at least annually. Privileges to drive
district vehicles may be withdrawn or suspended for any driver not meeting the
above requirements, based on a review of the MVRs. In addition, appropriate
disciplinary action up to and including termination may be taken.
DEFINITIONS
“Major
violations” are defined as:
1.
Driving under the influence of alcohol/drugs;
2.
Failure to stop/report an accident;
3.
Reckless driving/speeding contest;
4.
Driving while impaired;
5.
Making a false accident report;
6.
Attempting to elude law enforcement;
7.
Homicide, manslaughter, or assault arising out of the use of a vehicle;
8.
Driving while license is suspended/revoked; or
9.
Careless driving.
“Minor
violations” are defined as any moving violation other than a major violation,
with the following exceptions:
1.
Motor vehicle equipment, load, or size requirements;
2.
Improper/failure to display license plates (if they exist);
3.
Failure to sign or display registration; or
4.
Failure to have driver’s license in possession (if valid license exists).
TRAFFIC VIOLATIONS
Fines for parking or moving violations are the personal responsibility of the
assigned operator. The district will not condone nor excuse ignorance of
traffic citations that result in court summons being directed to itself as owner
of the vehicle, and will hold the employee responsible for payment of such
fines.
Each driver is required to report all moving violations to his/her direct
supervisor within 24 hours. This requirement applies to violations involving
the use of any vehicle (district, personal, or other) while on district
business. Failure to report violations may result in disciplinary action, up to
and including termination.
Traffic violations incurred during non-business (personal use) hours by an
employee in his/her own vehicle may affect the employee’s ability to drive
district vehicles and are subject to review.
EMPLOYEE
RESPONSIBILITIES
Drivers of district vehicles have responsibilities in operating the vehicle in a
safe manner and responding appropriately in the event of an accident or other
circumstance. All drivers will be informed of the contents of this policy and
have a signed acknowledgement placed in his/her personnel file, along with a
copy of his/her valid driver’s license, prior to operating a district vehicle
and annually thereafter. Drivers of district vehicles assume the following
responsibilities:
1.
Accidents Involving District Vehicles:
In the event of an accident, each driver is responsible for responding as
follows:
a.
Negligence or liability should not be admitted.
b.
No settlement, regardless of how minor, should be offered.
c.
The name, address, and phone number of any injured person and witnesses
should be obtained, if possible.
d.
Vehicle identification, insurance, district name, and policy numbers
should be exchanged with the other driver.
e.
Take a photograph of the scene of accident, if possible.
f.
Call the police if injury to others is involved. It may be appropriate
to call police even if there are no injuries.
g.
Complete the accident report form in the district vehicle.
h.
Turn all information relative to the accident over to the driver’s direct
supervisor within 24 hours.
2.
Theft or Damage:
Each driver is responsible for immediately reporting theft or damage of the
district vehicle to local police immediately. Additionally, all information
relative to theft or damage must be provided to the driver’s direct supervisor
within 24 hours.
VEHICLE OPERATION
Each driver is responsible for the actual possession, care, and use of the
district vehicle in their possession. Therefore, driver’s responsibilities
include, but are not limited to, the following:
1.
Operation of the vehicle in a manner consistent with reasonable practices
that avoid abuse, theft, neglect, or disrespect of the equipment.
2.
Obey all traffic laws.
3.
The use of seatbelts and shoulder harnesses is mandatory for driver and
passengers.
4.
Adhering to manufacturer’s recommendations regarding service,
maintenance, and inspection. Vehicles should not be operated with any defect
that would prevent safe operation.
5.
Attention to and practice of safe driving techniques, and adherence to
current safety requirements.
6.
Restricting the use of vehicles to authorized driver only.
7.
Reporting the occurrence of moving violations.
8.
Accurate, comprehensive, and timely reporting of all accidents by an
authorized driver and thefts of a district vehicle to the district.
Failure to comply with any of these responsibilities may result in disciplinary
action up to and including termination.
PERSONAL CARS USED FOR DISTRICT BUSINESS
The district does not assume any liability for bodily injuries or property
damage the employee may become personally obligated to pay arising out of an
accident occurring in connection with operation of his/her own car. The
reimbursement to the employee for the operation of his/her own car on district
business includes the allowance for the expense of automobile insurance. An
employee’s personal car insurance will be treated as primary and he/she is
required to have minimum liability coverage of $300,000. The district does not
specify and assumes no responsibility for any other coverage employees carry on
their own cars since this is a matter of individual status and preference.
Idaho Code Section 33-506
POLICY TITLE: Annual Statement of
Financial Condition POLICY NO: 809
Within one hundred twenty (120) days from the last day of each fiscal year, this board,
through its superintendent, shall prepare and publish an annual statement of financial
condition and report of the district as of the end of such fiscal year in the form
prescribed by the State Superintendent of Public Instruction.
This annual statement shall include, but not be limited to:
-
The amounts of money budgeted and received and from what sources; and
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The amounts budgeted and expended for salaries and other expenses by categories.
This district shall have available upon request, at the administrator's office, a full
and complete list of vendors and the amount paid to each, and the list of the number of
teachers paid at each of the several stated gross salary levels in effect in the district.
This board may authorize additional or supplementary statements and reports for the
purpose of informing the public of its financial operations, either as to form, content,
method, or frequency.
The annual statement of financial conditions and report shall be published within one
hundred twenty (120) days from the last day of the fiscal year in one issue of the
newspaper printed and published within this district.
The chairman, clerk, and treasurer of this district shall certify the annual statement
of financial condition and report it to be true and correct, and the certification shall
be included in each published statement.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Sections
33-701(5)
60-106
POLICY TITLE: Audit of Financial
Statements POLICY NO: 812
A full and complete audit of financial statements of this
district will occur on an annual basis. One (1) copy of the auditor’s report
will be filed with the State Department of Education after its acceptance by
this board, but not later than October 15 of each school year.
The district’s accounting system and audits will account
for all fixed assets which equal or exceed the value of $5,000, which will allow
for the tracking of at least 80% of the assets of the district. The threshold
for capitalization of improvements to real property, including buildings, will
be $20,000.
The audit will be performed by independent auditors
employed on a written contract and will be conducted in accordance with
generally accepted governmental accounting standards as defined by the United
States General Accounting Office.
COMPLIANCE WITH GASB 34
In compliance with GASB 34 (Governmental Accounting
Standards Board, Standard 34), the district’s annual audit will be developed to
make the audit easier to understand and more useful to patrons and others who
use the district’s financial information to make decisions. The district’s
audit will be based on a full accrual accounting of all financial activities,
and shall include the Management Discussion and Analysis (MD&A) as a part of
Required Supplementary Information (RSI), as mandated by GASB 34.
MANAGEMENT DISCUSSION AND ANALYSIS
The superintendent or designee will draft the MD&A, an
analysis of the district’s current overall financial position and operating
results, intended to allow others to assess whether the district’s finances have
improved or deteriorated.
The MD&A shall:
1.
Precede the basic financial statement and provide an objective and readable
analysis of the district’s overall financial activities;
2.
Be based solely on facts known to the administration at the date of the
auditor’s report;
3.
Emphasize current-year results in comparison with the prior year;
4.
Include charts and grafts, as appropriate, to enhance reader understanding;
5.
Report the change in the overall financial condition from the prior year to the
current year;
6.
Introduce and explain the difference from prior years in the format of the
financial material presented;
7.
Explain the newly required statement of net assets, and statement of activities,
and what they are intended to report. Relative to the district-wide statements,
identify all district assets and liabilities using the accrual basis of
accounting;
8.
Condense financial information derived from the district-wide statements with
explanation of significant changes between the current and prior years;
9.
Analyze balances and transactions of individual funds;
10.
Budgetary comparison schedules or statements; and
11.
Describe significant capital assets and long-term debt activities that
occurred in the prior year.
The annual budget will reflect all necessary expenses for
carrying out the provisions of this policy.
This district will file two (2) copies of each completed
audit report with the legislative council within ten (10) days after receiving
the audit from the contracting independent auditor.
Idaho Code Sections
33-701
67-450B
POLICY TITLE: Fidelity Bond POLICY NO:
815
The district shall carry a fidelity bond on the district treasurer, the district clerk,
the chairman of the board, and such other personnel as may be directed by the board.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Sections
33-508
33-509
POLICY TITLE: Investments POLICY NO: 818
This board may invest any money coming into the hands of the district in investments as
permitted by Section 67-1210, Idaho Code, pertaining to the investment of idle monies.
Unless otherwise provided by law, any interest or profit accrued from the investment of
any funds shall be credited to the budgeting fund from which the investment fund were
drawn.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Sections
33-701
33-901
67-1210
POLICY TITLE: Increase in
Fees POLICY NO: 820
Prior to a decision by this board of trustees to impose a new fee or to approve a fee
increase that exceeds 105% of the amount of the fee last collected, this board shall hold
a regular or special public meeting on the proposed fee imposition or fee increase.
For the purpose of this policy, the definition of "fee" shall include all
fees and charges of this school district for a direct public service, including fees for
voluntary activities and extra costs such as extracurricular activities, driver’s
education, towel or locker use, adult education courses, breakfasts and lunches, parking
and similar services or activities.
Public notice shall be given of this board’s intent to make a decision on a
proposed fee increase, as set forth above, by either:
-
Advertising in at least one newspaper once each week during the two weeks preceding the
week during which the hearing will be held. The advertisement shall state that the board
will meet on a certain day, time and place listed in the advertisement. The advertisement
shall also state the purpose of the meeting, which is to explain the reasons for and
hearing public comments about any proposed new fee or fee increase beyond 105%;
-
Holding three public meetings in three different locations in the district; or
-
A single mailing notice to all district residents, provided that the same information is
given and provided the meeting is held not less than seven days after the mailing of the
notice.
Failure to provide public notice and a hearing on the increase in fees will result in
possible voiding of the validity of all or a portion of the fee increase.
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ADOPTED: December 8, 1997
LEGAL REFERENCE:
Idaho Code Sections
63-1311A
60-106
Attorney General Opinion No. 94-4
POLICY TITLE: Issuance of Checks POLICY
NO: 821
SIGNATURES
All checks over $1,000 issued on a school district account shall be signed by two (2)
authorized individuals designated by the board.
DISBURSEMENTS
No disbursement shall be approved unless sufficient funds are available in the
appropriate account. Payments must be made to a specific person, company, or organization.
No checks shall be made payable to "cash."
No district check shall be presigned. All disbursements shall be documented by original
invoices, sales slips or register tapes with explanations provided.
Checks may be issued to students or employees to reimburse them for personal funds
disbursed for school purposes provided that prior approval was received, and proper
supporting documentation is submitted.
ADVANCE PAYMENTS
Advance payments may be authorized at the discretion of the superintendent. A written
request for an advance stating the amount needed and the purpose of the advance must be
submitted. When the activity is complete, the sponsor must submit a report of all
expenditures with the appropriate receipts and sales slips. Any unused funds shall be
returned immediately.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Section 33-506(1)
POLICY TITLE: Cancellation of Checks
POLICY NO: 824
A check shall be canceled when:
-
It is outstanding for more than six (6) months;
-
It has been lost or stolen; or
-
It has been returned by the payee for some reason.
In such an instance, the check shall be voided. If the check is replaced with a new
check, a "stop payment" order shall be filed with the bank from which the check
is drawn.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Section 33-506(1)
POLICY TITLE: Signature Authority POLICY
NO: 827
Each building secretary is appointed assistant treasurer to the district treasurer.
Each building principal is designated as a secondary signer of activity checks for an
amount not to exceed one thousand dollars ($1000). Expenditures in excess of one thousand
dollars ($1000) must have prior board approval.
The clerk of the board shall be provided monthly reports regarding the status of all
activity funds.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Section 33-705
POLICY TITLE: Purchasing POLICY NO. 830
It is the policy of this district to make purchases in such
a manner as to assure the best utilization of district funds. The board, or its
designee, reserves the right to determine what is in the best interest of the
district.
The superintendent is
authorized to direct expenditures and purchases within the limits of the
detailed annual budget for the school year. The superintendent shall establish
requisition and purchase order procedures as a means of monitoring the
expenditures of funds. Personnel are prohibited from obligating the district
relative to a purchase without prior authorization. Staff who obligate the
district without proper prior authorization may be held personally responsible
for payment of such obligations. Open purchase orders may be used (with a
maximum total amount specified) if such procedure will simplify repetitive small
purchases.
PURCHASES EXCLUDED FROM
THE STATUTORY PROCUREMENT PROCESSES UNDER IDAHO CODE SECTION 67-2803
The board will comply with all statutory procurement (bid)
requirements unless the expenditure is exempted from the processes. The
following are exempted from the bidding requirements:
1.
Procurement of an interest in real property.
2.
Contracts or purchases for personal property of less than twenty-five thousand
dollars ($25,000), provided such contracts and purchases shall be guided by the
best interests of the district, as determined by the board. The board may, when
practical, call for competitive price quotations for such purchases.
3.
The purchase of curricular materials, regardless of the purchase price.
“Curricular materials” is defined as textbook and instructional media, including
software, audio/visual media, and Internet resources.
4.
The procurement duplicates the price and substance of a contract for like goods
or services that has been competitively bid by the State of Idaho, one of its
political subdivisions, or an agency of the federal government.
5.
Disbursement of wages or compensation to any employee, official, or agent of the
district for performance of personal services.
6.
Procurement of personal or professional services to be performed by an
independent contractor.
7.
Procurement of insurance.
8.
Costs of participation in a joint powers agreement with other units of
government.
LEGAL REVIEW OF CONTRACTS
Before entering into a contract that entails the
expenditure of twenty-five thousand dollars ($25,000) or more, the board or its
designee will have the contract reviewed by legal counsel to ensure that the
district’s interests are adequately protected.
In the event the district anticipates expending over
twenty-five thousand dollars ($25,000) through a contract for bus transportation
services, Idaho Code Section 33-1510 will be followed.
PUBLIC CALAMITY RESOLUTION
If there is a great public calamity, such as an
extraordinary fire, flood, storm, epidemic, or other disaster, or it is
necessary to do emergency work to prepare for national or local defense, or it
is necessary to do emergency work to safeguard life, health, or property, the
board may pass a resolution declaring that the public interest and necessity
demand the immediate expenditure of public money to safeguard life, health, or
property. Upon adoption of the resolution, the board may expend any sum
required in the emergency without compliance with the bidding requirements
pursuant to Idaho Code 67-2808(1).
Idaho Code Sections
33-118A
33-402
33-601
67-2320
67-2326
through 67-2333
67-2800,
et seq.
67-5711C(3)
POLICY TITLE: Purchasing
for Leasing Personal Property POLICY NO. 830.30
PURCHASES AND LEASES
EXCLUDED FROM BIDDING PROCESSES UNDER IDAHO CODE SECTION 67-2803
When purchasing or leasing personal property, the board of
trustees will comply with all statutory bid requirements set forth in Idaho Code
Section 67-2800, et seq., unless the expenditure is specifically exempted
as follows:
1.
Contracts or purchases for personal property of less than twenty-five thousand
dollars ($25,000), provided such contracts and purchases shall be guided by the
best interests of the district, as determined by the board. The board may, when
practical, call for competitive price quotations for such purchases.
2.
The purchase of curricular materials, regardless of the purchase price.
“Curricular materials” is defined as textbook and instructional media, including
software, audio/visual media, and Internet resources.
3.
The purchase or lease duplicates the price and substance of a contract for like
goods or services that has been competitively bid by the State of Idaho, one of
its political subdivisions, or an agency of the federal government.
4.
Purchase of insurance.
5.
Costs of participation in a joint powers agreement with other units of
government.
PERSONAL PROPERTY VALUED BETWEEN $25,000 AND $50,000
When the board contemplates purchasing or leasing personal property, valued in excess of twenty-five thousand dollars ($25,000) but not to exceed fifty thousand dollars ($50,000), it will solicit competitive bids.
The written solicitation for bids will be sent to no fewer than three (3) vendors by electronic or physical delivery. The solicitation will describe the personal property to be purchased or leased in sufficient detail to allow a vendor dealing in such goods to understand what the board seeks to procure, the electronic or physical delivery method(s) authorized to submit a bid, and the date and time by which the board clerk must receive a bid proposal. The time to respond to the solicitation must be reasonable; except in the event of an emergency, such time will not be less than three (3) business days.
The board clerk must receive any written objections to specifications or bid procedures at least one (1) business day before the date and time the bids are due to be received. The board or designee will respond to any such objection in writing and communicate such response to all prospective bidders, adjusting bidding timeframes if necessary.
Upon receipt of the written bids, the clerk will compile and submit the written bids to the board or designee which will approve the responsive bid proposing the lowest procurement price or reject all bids and publish notice for bids, as before.
If the board finds that it is impractical or impossible to obtain three (3) bids for the proposed procurement, the board may acquire the property in any manner the board deems best from a qualified vendor quoting the lowest price. When fewer than three (3) bids are considered, the board will document the efforts undertaken to procure at least three (3) bids and such documentation will be maintained for at least six (6) months after any such procurement is made. If two (2) or more price quotations are the same and both constitute the lowest responsive bids, the board has discretion to accept either bid.
PERSONAL PROPERTY VALUED IN EXCESS OF $50,000
When the board contemplates an expenditure to purchase or lease personal property valued in excess of fifty thousand dollars ($50,000), an open competitive sealed bid process will be utilized.
The written request for bids, and notices thereof, will succinctly describe the personal property to be procured and set a date, time, and place for the opening of bids. Two (2) notices soliciting bids must be published in the newspaper of general circulation in the district. The first notice must be published at least two (2) weeks before the date for opening bids, with the second notice to be published in the succeeding week at least seven (7) days before the date that bids are scheduled to be opened. Copies of specifications, bid forms, bidder’s instructions, contract documents, and general and special instructions will be made available upon request by any interested bidder. Bids that do not substantially comply with the bid forms will not be considered.
The board clerk must receive any written objections to specifications or bid procedures at least three (3) business days before the date and time the bids are due to be received. The board or designee will respond to any such objection in writing and communicate such response to all prospective bidders, adjusting bidding timeframes if necessary.
If the board deems it is in the district’s best interest, it may require bidders to provide bid security in an amount equal to at least five percent (5%) of the amount bid. If required, a bid will not be considered unless one (1) of the forms of bidder’s security is enclosed with it. The board may require that the bid security be in one of the following forms:
2. A cashier’s check payable to the district;
3. A certified check payable to the district; or
4. A bidder’s bond executed by a qualified surety company, payable to the district.
Sealed bids will be opened in public at the date, time, and place specified in the notice, thereafter to be compiled and submitted to the board. Any bid received by the board may not be withdrawn after the time set in the notice for opening of bids.
In its discretion, the board may reject all bids and re-bid, or may, after finding it to be a fact, pass a resolution declaring that the subject goods can be procured more economically on the open market. If two or more bids are the same and both constitute the lowest responsive bids, the board may accept the one it chooses.
If the board chooses to award the contract to a bidder other than the apparent low bidder, the board will declare its reason(s) on the record and communicate such reason(s) in writing to all who have submitted a competing bid.
In its discretion, the board may preauthorize the purchase of equipment at a public auction.
Failure to Execute Contract
If the successful bidder fails to execute the contract, the amount of his bidder’s security may be forfeited to the school district at the sole discretion of the board and, thereafter, the proceeds may be deposited in a designated fund out of which the reasonable expenses for procuring substitute performance are paid.
The board may, on the refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest qualified bidder. If the board awards the contract to the next lowest qualified bidder, the amount of the lowest qualified bidder’s security may be applied by the board to the difference between the lowest responsive bid and the next lowest responsive bid, and the surplus, if any, shall be returned to the lowest bidder if cash or check is used, or to the surety on the bidder’s bond if a bond is used, less reasonable administrative costs not to exceed twenty-five percent (25%) of the amount of the bidder’s security.
Objection to Contract Award
If any participating bidder objects to the award of a contract, such bidder must submit a written response to the board’s notice within seven (7) calendar days of the date of transmittal of the notice, setting forth in such response the express reason(s) that the award decision of the board is in error. Thereafter, staying performance of any procurement until after addressing the contentions raised by the objecting bidder, the board will review its decision and determine whether to affirm or modify the award, or re-bid the contract, setting forth its reason(s) therefore. After completion of the review process, the board may proceed as it deems to be in the public interest.
AGREEMENT FOR JOINT EXERCISE OF PURCHASING
POWERS
If determined appropriate, the board may make
purchases of goods or services via contracts held by the State of Idaho or any
subdivision thereof, or any agency of the federal government, by entering into a
cooperative Agreement for the Joint Exercise of Purchasing Powers with that
entity, pursuant to Idaho Code Sections 67-2326 through 67-2333, 33-315 through
33-318, and 33-601. The vote on the decision to enter into a cooperative
Agreement for the Joint Exercise of Purchasing Powers will be by resolution of
the board and the minutes will reflect the board’s reason(s) for doing so. Upon
entering into such an agreement, the board will forego the bidding process.
JOINT PURCHASING AGREEMENTS ‑ NOT-FOR-PROFIT ASSOCIATIONS
The board may enter into joint purchasing agreements with the State of Idaho or other political subdivisions and may participate in joint purchasing agreements through a joint purchase program established by any not-for-profit association of political subdivisions. Personal property purchased pursuant to such joint purchase agreements will be acquired in accordance with the provisions of this chapter, provided such authority does not preclude or limit the board from entering into purchase agreements as otherwise provided by statute.
The board may participate in a program established by any not-for-profit association of which they become a member to assist such school districts in bidding and negotiating joint purchase contracts and discount purchase agreements. Participation in any such program does not obligate the board to purchase goods or services through the program. Any not-for-profit association operating such program will cause an independent, certified audit of the program to be performed annually. The audit will be made available to the Legislature upon request and a copy shall be made available for public inspection.
PUBLIC CALAMITY
RESOLUTION
If there is a great public calamity, such as an
extraordinary fire, flood, storm, epidemic, or other disaster, or if it is
necessary to do emergency work to prepare for national or local defense, or it
is necessary to do emergency work to safeguard life, health, or property, the
board may pass a resolution declaring that an emergency exists and the public
interest and necessity demand the immediate expenditure of public money to
safeguard life, health, or property. Upon adoption of the resolution, the board
may expend any sum required in the emergency without compliance with the bidding
requirements pursuant to Idaho Code Section 67-2808(1).
The board may declare that there is only one (1) vendor if there is only one (1) vendor for the personal property to be acquired. For purposes of this policy, “only one (1) vendor” refers to situations where there is only one (1) source reasonably available and includes, but is not be limited to, the following situations:
1. Where property is required to respond to a life-threatening situation or a situation which is immediately detrimental to the pubic welfare or property;
2. Where the compatibility of equipment, components, accessories, computer software, replacement parts, or service is the paramount consideration;
3. Where a sole supplier’s item is needed for trial use or testing;
4. The purchase of property for which it is determined there is no functional equivalent;
5. The purchase of public utility services;
6. The purchase of products, merchandise, or trademarked goods for resale at a school; or
7. Where competitive solicitation is impractical, disadvantageous, or unreasonable under the circumstances.
Upon declaring that there is only one (1) vendor for personal property, unless the property is required for a life-threatening situation or a situation that is immediately detrimental to the public welfare or property, the board will publish notice of a sole source procurement in a newspaper of general circulation in the district at least fourteen (14) calendar days prior to the award of the contract. If a potential vendor objects in writing within seven (7) calendar days and sets forth reasons therefor, the board may reconsider whether the personal property was properly declared as a sole source procurement. If, upon reconsideration, the board determines that there are more than one (1) vendor, it will follow any required bidding process.
Idaho Code Sections
33-601
67-5716
67-2326
through 67-2333
67-2800,
et seq.
POLICY TITLE: Service Contracts POLICY NO. 830.60
The board may enter into service contracts
with independent contractors as necessary for the operation of the district.
The board will comply with the requirements of Idaho Code Section 67-2800, et
seq., relative to competitive bidding for such contracts and this district’s
Policy 832, entitled “Supplemental Bidding Procedures.”
Before entering into a contract for the
expenditure of twenty-five thousand dollars ($25,000) or more, the board or its
designee will have the contract reviewed by legal counsel to ensure that the
school district’s interests are adequately protected.
SERVICE
CONTRACTS EXCLUDED FROM COMPETITIVE BIDDING
The district is not required to engage in
competitive bidding, pursuant to Idaho Code Section 67‑2803, as follows:
1.
Contracts for services, regardless of their nature, valued at less than
twenty-five thousand dollars ($25,000); and
2.
Contracts for personal or professional services to be performed by an
independent contractor. Contracts with certain public works construction
professionals must comply with requirements as set forth in “Contracts with
Certain Public Works Construction Professionals” section of this policy.
BUS TRANSPORTATION SERVICES
In the event the district anticipates expending over twenty-five thousand dollars ($25,000) through a contract for bus transportation services, Idaho Code Section 33-1510 will be followed.
SERVICE CONTRACTS VALUED BETWEEN $25,000 AND $50,000
When the board contemplates entering into a service contract for other than professional or personal services, valued in excess of twenty-five thousand dollars ($25,000) but not to exceed fifty thousand dollars ($50,000), it will solicit competitive bids.
The written solicitation for bids will be sent to no fewer than three (3) vendors by electronic or physical delivery. The solicitation will describe the services to be provided in sufficient detail to allow a vendor of such services to understand what the board seeks to procure, the electronic or physical delivery method(s) authorized to submit a bid, and the date and time by which the board clerk must receive a bid proposal. The time to respond to the solicitation must be reasonable; such time will not be less than three (3) business days, except in the event of an emergency.
The board clerk must receive any written objections to specifications or bid procedures at least one (1) business day before the date and time the bids are due to be received. The board or designee will respond to any such objection in writing and communicate such response to all prospective bidders, adjusting bidding timeframes if necessary.
Upon receipt of the written bids, the clerk will compile and submit the written bids to the board or designee, which will approve the responsive bid proposing the lowest price or reject all bids and publish notice for bids, as before.
If the board finds that it is impractical or impossible to obtain three (3) bids for the proposed services, the board may acquire such services in any manner the board deems best from a qualified vendor quoting the lowest price. When fewer than three (3) bids are considered, the board will document the efforts undertaken to obtain at least three (3) bids. Such documentation will be maintained for at least six (6) months after any such procurement is made. If two (2) or more price quotations are the same and both constitute the lowest responsive bids, the board has discretion to accept the bid it chooses.
SERVICE CONTRACTS VALUED IN EXCESS OF $50,000
When the board contemplates entering into a service contract for other than professional or personal services, valued in excess of fifty thousand dollars ($50,000), an open competitive sealed bid process will be utilized.
The written request for bids, and notices thereof, will succinctly describe the services to be provided and set a date, time, and place for the opening of bids. Two (2) notices soliciting bids must be published in the newspaper of general circulation in the district. The first notice must be published at least two (2) weeks before the date for opening bids, with the second notice to be published in the succeeding week at least seven (7) days before the date that bids are scheduled to be opened. Copies of specifications, bid forms, bidder’s instructions, contract documents, and general and special instructions will be made available upon request by any interested bidder. Bids that do not substantially comply with the bid forms will not be considered.
The board clerk must receive any written objections to specifications or bid procedures at least three (3) business days before the date and time the bids are due to be received. The board or designee will respond to any such objection in writing and communicate such response to all prospective bidders, adjusting bidding timeframes if necessary.
If the board deems it is in the district’s best interest, it may require bidders to provide bid security in an amount equal to at least five percent (5%) of the amount bid. If required, a bid will not be considered unless one (1) of the forms of bidder’s security is enclosed with it. The board may require that the bid security be in one of the following forms:
2. A cashier’s check payable to the district;
3. A certified check payable to the district; or
4. A bidder’s bond executed by a qualified surety company, payable to the district.
Sealed bids will be opened in public at the date, time, and place specified in the notice, thereafter to be compiled and submitted to the board. Any bid received by the board may not be withdrawn after the time set in the notice for opening of bids.
In its discretion, the board may reject all bids and re-bid, or may, after finding it to be a fact, pass a resolution declaring that the subject goods can be procured more economically on the open market. If two or more bids are the same and both constitute the lowest responsive bids, the board may accept the one it chooses.
If the board chooses to award the contract to a bidder other than the apparent low bidder, the board will declare its reason(s) on the record and communicate such reason(s) in writing to all who have submitted a competing bid.
Failure to Execute Contract
If the successful bidder fails to execute the contract, the amount of his bidder’s security may be forfeited to the district at the sole discretion of the board and, thereafter, the proceeds may be deposited in a designated fund out of which the reasonable expenses for procuring substitute performance are paid.
The board may, on the refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest qualified bidder. If the board awards the contract to the next lowest qualified bidder, the amount of the lowest qualified bidder’s security may be applied by the board to the difference between the lowest responsive bid and the next lowest responsive bid, and the surplus, if any, shall be returned to the lowest bidder if cash or check is used, or to the surety on the bidder’s bond if a bond is used, less reasonable administrative costs not to exceed twenty-five percent (25%) of the amount of the bidder’s security.
Objection to Contract Award
If any participating bidder objects to the award of a contract, such bidder must submit a written response to the board’s notice within seven (7) calendar days of the date of transmittal of the notice, setting forth in such response the express reason(s) that the award decision of the board is in error. Thereafter, staying performance of any procurement until after addressing the contentions raised by the objecting bidder, the board will review its decision and determine whether to affirm or modify the award, or re-bid the contract, setting forth its reason(s) therefor. After completion of the review process, the board may proceed as it deems to be in the public interest.
CONTRACTS
WITH CERTAIN PUBLIC WORKS CONSTRUCTION PROFESSIONALS
The board may negotiate contracts or
agreements for professional engineering, architectural, landscape architectural,
construction management, and professional land surveying services on the basis
of demonstrated competence and qualifications for the type of services required
at fair and reasonable prices, utilizing the following process:
1.
The board will follow the statutory guidelines in the securing of all contracts
for professional engineering, architectural, landscape architectural,
construction management, and land surveying services if it is anticipated that
the total service fee will exceed twenty-five thousand dollars ($25,000):
a.
Publish public notice in a newspaper of general circulation in the area where
the work is to be done, for at least fourteen (14) days when soliciting
proposals for engineering, architectural, landscape architectural, construction
management, or land surveying services;
b.
Encourage persons or firms engaged in the services being solicited to submit
statements of qualifications and performance data;
c.
Establish and make available to the public criteria and procedures used for the
selection of qualified persons or firms to perform such services;
d.
Select the persons or firms whom the board determined to be best qualified to
provide the required services, ranked in order of preference, pursuant to the
district’s established criteria and procedures;
e.
Negotiate with the highest ranked person or firm for a contract or agreement to
perform such services at a price determined by the board to be reasonable and
fair to the public after considering the estimated value, scope, complexity, and
nature of the services; and
f.
When unable to negotiate a satisfactory contract or agreement, formally
terminate negotiations and undertake negotiations, following the procedure
described in subsection d, above, with the next highest ranked person or firm,
until a contract or agreement is reached.
2.
In fulfilling the selection requirements, the board may limit its selection to a
list of three (3) persons or firms selected and preapproved for consideration by
the board. This preapproved list shall be established in the same manner as
selection of an individual contractor. No further publication is then required.
3.
The board may request information concerning a person’s or firm’s rates,
overhead, and multipliers, if any, but such information shall not be used for
the purpose of ranking in order of preference as required in subsections a
through f, above.
4.
If the anticipated expenditure for these services is less than twenty-five
thousand dollars ($25,000), the board will use the guidelines above, or
establish other guidelines for selection based on demonstrated competence and
qualifications to perform the type of services required, followed by negotiation
of the fee at a price determined by the district to be fair and reasonable after
considering the estimated value, the scope, the complexity, and the nature of
the services.
5.
When the board has previously awarded a professional services contract to a
person or firm for an associated or phased project, the board may, at its
discretion, negotiate an extended or new professional services contract with
that person or firm. Associated or phased projects are planned construction
projects comprised of developmental stages that are interrelated but
individually functional.
AGREEMENT FOR JOINT EXERCISE OF PURCHASING
POWERS
If determined appropriate, the board may make
purchases of goods or services via contracts held by the State of Idaho or any
subdivision thereof, or any agency of the federal government, by entering into a
cooperative Agreement for the Joint Exercise of Purchasing Powers with that
entity, pursuant to Idaho Code Sections 67‑2326 through 67‑2333, 33-315 through
33-318, and 33-601. The vote on the decision to enter into a cooperative
Agreement for the Joint Exercise of Purchasing Powers will be by resolution of
the board and the minutes will reflect the board’s reason(s) for doing so. Upon
entering into such an Agreement, the board will forego the bidding process.
PUBLIC
CALAMITY RESOLUTION
If there is a great public calamity, such as
an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is
necessary to do emergency work to prepare for national or local defense, or it
is necessary to do emergency work to safeguard life, health, or property, the
board may pass a resolution declaring that an emergency exists and the public
interest and necessity demand the immediate expenditure of public money to
safeguard life, health, or property. Upon adoption of the resolution, the board
may expend any sum required in the emergency without compliance with the bidding
requirements pursuant to Idaho Code Section 67-2808(1).
Idaho Code
Sections
33-601
67-5716
67-2326 through 67-2333
67-2800, et seq.
POLICY TITLE: Public Works Construction POLICY NO. 830.90
PUBLIC WORKS CONSTRUCTION UNDER $50,000; LACK OF AVAILABLE LICENSED CONTRACTORS
For any single contemplated public works construction project with an estimated total cost of less than fifty thousand dollars ($50,000), where the board determines that there may be a lack of available licensed contractors, the district may publish a notice of intent to solicit bids in the newspaper of general circulation in the district, concurrently sending such notice to the public works contractors license board, soliciting statements of interest from licensed public works contractors to determine whether one or more licensed contractors is interested in submitting a bid.
Such notice will describe the project in sufficient detail to allow an experienced public works contractor to understand the construction project, the method(s) authorized for submitting bids (electronic or physical delivery), and the date and time by which a bid proposal must be received by the board clerk. The solicitation must provide a reasonable time to respond to the solicitation, provided that, except in the event of an emergency, such time shall not be less than three (3) business days. If no licensed public works contractor submits a statement of interest, the board may purchase public works construction from other than a licensed public works contractor by using the same procurement procedures otherwise specified herein.
PUBLIC WORKS CONSTRUCTION BETWEEN $25,000 AND $100,000
When the board contemplates public works construction valued in excess of twenty-five thousand dollars ($25,000) but not to exceed one hundred thousand dollars ($100,000), the following procedures will be used:
The board will draft a written solicitation for bids for the public works construction, describing the project in sufficient detail to allow an experienced public works contractor to understand the construction project, the method(s) authorized for submitting bids (electronic or physical delivery), and the date and time by which a bid proposal must be received by the board clerk. The solicitation must provide a reasonable time to respond to the solicitation, provided that, except in the event of an emergency, such time shall not be less than three (3) business days. The solicitations will be delivered, by electronic or physical means, to no fewer than three (3) owner-designated licensed public works contractors.
The board clerk must receive written objections to specifications or bid procedures at least one (1) business day before the date and time upon which bids are scheduled to be received. The board or designee will respond to any such objection in writing and communicate its response to all prospective bidders, adjusting bidding timeframes if necessary.
When written bids have been received, they will be submitted to the board or designee, which may approve the lowest responsive bid or reject all bids and publish notice for bids, as before.
If the board finds that it is impractical or impossible to obtain three (3) bids for the proposed public works project, the board may acquire the work in any manner it deems best from a qualified public works contractor quoting the lowest price. When fewer than three (3) bids are considered, the board will document the efforts undertaken to procure at least three (3) bids, and such documentation shall be maintained for at least six (6) months after the decision is made. If two or more price quotations offered by different licensed public works contractors are identical and constitute the lowest responsive bids, the board may accept the one it chooses.
PUBLIC WORKS CONSTRUCTION IN EXCESS OF $100,000
When the board contemplates public works construction valued in excess of one hundred thousand dollars ($100,000), the board will engage in a competitive sealed bid process and contract with the qualified public works contractor submitting the lowest bid price complying with bidding procedures and meeting any prequalifications established by the bid documents. The board may elect to solicit competitive bids for public works construction with or without requiring prequalifications.
Soliciting Bids Without Prequalification Requirements
The board will consider bids submitted from any licensed public works contractor desiring to bid upon a public works project. In awarding a contract, the board may only consider the amount bid, bidder compliance with administrative requirements of the bidding process, and whether the bidder holds the requisite license.
The request for bids shall set a date and place for the public opening of bids. Two (2) notices soliciting bids shall be published in the newspaper with general circulation in the district. The first notice shall be published at least two (2) weeks before the date for opening bids, with the second notice to be published in the succeeding week at least seven (7) days before the date that bids are scheduled to be opened. The notice will succinctly describe the project to be constructed. Copies of specifications, bid forms, bidder’s instructions, contract documents, and general and special instructions will be made available upon request and payment of a reasonable plan copy fee by any interested bidder.
Soliciting Bids With Prequalification Requirements
The board may require that contractors “prequalify” prior to entering into competitive bidding for a public works project. Prequalification standards may be established by the board to consider the following issues: demonstrated technical competence, experience constructing similar facilities, prior experience with the district, available nonfinancial resources, equipment and personnel as they relate to the project, and overall performance history based upon a contractor’s entire body of work. Any licensed contractors desiring to be prequalified to bid on a project must submit a written response to the board’s request for qualifications. The board will accept bids only from prequalified contractors.
The board will provide notice of the prequalification stage by publishing two (2) notices soliciting prequalification statements in the newspaper with general circulation in the district. The first notice must be published at least two (2) weeks before the date for opening prequalification statements, with the second notice to be published in the succeeding week at least seven (7) days before the date that bids are scheduled to be opened. The notice will succinctly describe the project to be constructed, the standards for evaluating the qualifications of prospective bidders, and the date and time by which qualification statements must be received.
Objection to Prequalification Procedures
The clerk of the board must receive written objections to prequalification procedures at least three (3) business days before the date and time of which prequalification statements are due. The board or designee will respond to any such objections in writing and communicate its response to the objector and all other contractors seeking to prequalify, adjusting bidding timeframes if necessary.
Selection of Prequalified Contractors
After a review of qualification submittals, the board may select licensed contractors that meet the prequalification standards. If any licensed contractor submits a statement of qualifications but is not selected as a qualified bidder, the board will supply a written statement of the reason(s) why the contractor failed to meet prequalification standards.
Appeal of Prequalification Determination
Any licensed contractor may appeal the determination that it does not meet the prequalification standards. Such appeal must be submitted to the board within seven (7) days after transmittal of the prequalification results. The board will conduct the appeal by reviewing solely the written objection and accompanying documentation; the board will not meet with the licensed contractor. If the board sustains its prior decision, it will state its reason(s) for the record. The board’s decision concerning prequalification may be appealed to the public works contractors license board no more than fourteen (14) days following the board’s decision on appeal, pursuant to Idaho Code Section 67-2805(3)(b).
The board will stay the bidding process during the pendency of the prequalification appeal until the public works contractors license board completes its review, but in no instance more than forty-nine (49) days after the board issued its final decision regarding the prequalification appeal. Any licensed public works contractor affected by a decision on appeal by the public works contractors license board may, within twenty-eight (28) days of the final decision, seek judicial review as provided by Chapter 52, Title 67, Idaho Code.
Following the conclusion of the prequalification administrative procedures, the bidding stage shall proceed by the setting of a time, date, and place for the public opening of bids. A notice soliciting bids shall be transmitted to prequalified bidders at least fourteen (14) days before the date of opening the bids. The notice shall succinctly describe the project to be constructed. Copies of specifications, bid forms, bidder’s instructions, contract documents, and general and special instructions shall be made available upon request and payment of a reasonable plan copy fee by any prequalified bidder.
Objections to Bid Specifications/Procedures
The clerk of the board must receive written objections to specifications or bidding procedures at least three (3) business days before the date and time upon which bids are scheduled to be opened. The board supervising the bidding process will respond to any such objection in writing and communicate such response to the objector and all other plan holders, adjusting bidding timeframes if necessary.
All bids must be presented or otherwise delivered under sealed cover to the clerk of the board with a concise statement on the outside identifying the project to which the bid pertains.
If the board deems it is in the district’s best interest, it may require the bidder to provide bid security in an amount equal to at least five percent (5%) of the amount bid. If required, a bid will not be considered unless the bidder’s security is enclosed with it. The board may require that the bid security be in one of the following forms:
2. Cashier’s check, payable to the district;
3. Certified check, payable to the district; or
4. Bidder’s bond executed by a qualified surety company, payable to the district.
When sealed bids have been received, they shall be opened in public at a designated place and time, thereafter to be compiled and submitted to the board for award. Any bid received by the board may not be withdrawn after the date and time set in the notice for opening of bids. A bid will not be considered if it is not submitted in a form that substantially complies with the form provided by the board, and/or the bid security, if required, is not enclosed.
Failure to Execute Contract
If the successful bidder fails to execute the contract, the amount of his bidder’s security may be forfeited to the district at the sole discretion of the board and the proceeds deposited in a designated fund to pay the expenses of obtaining substitute performance.
The board may, on the refusal or failure of the successful bidder to execute the contract, award the contract to the qualified bidder submitting the next lowest responsive bid. If the board awards the contract to the next lowest qualified bidder, the amount of the lowest qualified bidder’s security may be applied by the board to the difference between the lowest responsive bid and the next lowest responsive bid, and the surplus, if any, shall be returned to the lowest bidder if cash or check is used, or to the surety on the bidder’s bond if a bond is used, less reasonable administrative costs not to exceed twenty-five percent (25%) of the amount of the bidder’s security to the owner.
In its discretion, the board may accept a bid, reject all bids presented, and re-bid, or, after finding it to be a fact, pass a resolution declaring that the project can be performed more economically by purchasing goods and services on the open market. If identical bids are received, the board may choose the bidder it prefers. If no bids are received, the board may procure the goods or services without further competitive bidding procedures. The board will send written notice of its decision regarding the award of the contract to all contractors who submitted a bid.
If the board chooses to award a competitively bid contract involving public works construction to a bidder other than the apparent low bidder, the board must declare its reason(s) on the record and communicate such reason(s) in writing to all persons who have submitted a competing bid.
Objections to Contract Award
Any participating bidder may object to the contract award by written response to the board’s notice of a contract award. Such response must be submitted to the board clerk within seven (7) calendar days of the date of transmittal of the notice, and set forth the express reason(s) that form the objection to the award decision. The board will stay performance of the public works construction until it has addressed the contentions raised by the objecting bidder. The board will review its decision and determine whether to affirm its prior award, modify the award, or choose to re-bid, setting forth its reason(s) therefor in writing. After completion of the review process, board may proceed as it deems to be in the public interest.
POLICY TITLE:
Supplemental Bidding
Procedures
POLICY NO:
832
This board of trustees will at all times comply with Idaho statutes regarding
the efficient and cost-effective purchasing of goods, services, and public works
construction by competitive bidding, as appropriate. Further, the district shall
purchase goods and services from vendors with a significant Idaho economic
presence when possible.
Before entering into a contract which requires competitive bidding pursuant to
Idaho Code Sections 33-601 and 67-2800, et seq., the board will utilize the
following supplemental procedures. . Nothing herein is intended to conflict with
the statutory requirements and other district policies.
DEFINITIONS
Bid: A formal, sealed written offer, containing the original or electronic
signature of the bidder, to perform a contract to purchase or supply property or
services in response to a Request for Proposal.
Bid closing: The date and time advertised, after which no further bids will be
accepted by the district. Any bid received after the bid closing will be
returned, unopened, to the bidder.
Bidder: An individual or entity that has submitted a bid in response to a
specific solicitation on a specific item or items of property to be acquired by
this district or for work services to be performed on behalf of the district.
Contractor: A bidder who has been awarded a contract by the district under this
procedure.
Lowest Responsible Bidder: The responsible bidder whose bid reflects the
acquisition price to be paid by this district; except that when specifications
are valued or comparative performance examinations are conducted, the results of
such examinations and relative score of valued specifications will be weighed,
as set out in the specifications, in determining the lowest acquisition price.
Request for Proposal (RFP): The written specifications setting forth the
property or services to be purchased upon which a bid can be submitted.
PREPARATION OF RFP
A Request for Proposal (RFP) setting forth the specific needs and requirements
for the construction, repair, or improvement of real property, purchase of
services, or purchase or repair of any equipment or other personal property for
which the bid is sought will be drafted and approved by the board. A rating
sheet setting forth the weight, calculated as a percentage, to be given each of
the elements in the RFP will be included in the RFP.
In those instances when this district issues a RFP for the construction, repair
or improvement of public works, public buildings, public places, or other work,
the following will be provided:
1. Written plans and specifications of the work to be performed or materials
furnished will be available for review by all interested and prospective
bidders.
2. The plans and specifications, when applicable, will include the number, size,
kind, and quality of materials and service required for the contract.
3. The plans and specifications shall not specify or provide the use of any
articles of a specific brand or mark, or any patented apparatus or appliances
when other materials are available for such purposes and when such requirements
would prevent competitive bidding. In the event that brand names or other
identifying information is included in the plans and specifications, such
identification shall be used solely for the purpose of communicating the
expectation of a quality level and shall not be interpreted as requiring use of
a particular item.
LOWEST RESPONSIBLE BIDDER
The following factors will be considered in determining the lowest responsible
bidder:
1. The bid amount;
2. Compliance with administrative requirements of the bidding process;
3. Requisite licensure of the bidder;
4. Meeting prequalification standards, if applicable; and
5. Verification that the bidder holds a current Idaho public works license, and
previous and existing compliance of the bidder with laws relating to public
works.
Unless precluded by statute, the district may also consider any of the following
factors in determining the lowest responsible bidder:
1. Specific needs and requirements identified in the RFP;
2. Project costs;
3. Financial solvency of the individual or corporation bidding;
4. Prior work experience, if any, between the individual or entity and the
district, including the quality of performance of previous contract or services;
5. Demonstration of the ability, capacity, and skill of bidder to perform the
work required;
6. The character, integrity, reputation, judgment, experience, and efficiency of
the bidder;
7. Listing of the names and addresses of all subcontractors and providing
assurance of appropriate licenses or certificates;
8. Posting and verification of a bid bond, if required; and
9. Such other information related to the performance of the contract as deemed
appropriate.
REVIEW OF BIDS
All bids received will be date and time stamped to ensure they were received
prior to the bid closing. All bids received after the bid closing will be
returned, unopened, to the bidder and will not be considered for award of the
contract. After the bid closing, at the time and place stated in the
advertisement for bids, bids will be opened, recorded, and made available for
inspection. Any interested person may attend the bid opening.
Only those bids submitted by bidders with a current Idaho public works license
at the time of bid closing will be considered.
The superintendent or designee may appoint an individual or panel, with
appropriate expertise, to review and evaluate, pursuant to the rating sheet, all
accepted bids. The rating sheet will designate the weight, calculated as a
percentage, to be attached to each element set forth in the RFP, which will be
applied by the reviewing panel in evaluating each bid.
AWARD OF THE CONTRACT
Based on the rating of the bids, the superintendent will make a recommendation
to the board at the next regularly scheduled board meeting after the rating has
been completed, unless it is determined a special board meeting to review the
bids is appropriate. Such recommendation may include:
1. A recommendation that the board contract with the lowest responsible bidder,
as determined by the rating sheet;
2. A recommendation to reject all bids;
3. A recommendation to reject all bids and re-bid; or
4. A recommendation that the board proceed under its own direction, subject to
the approval of the state board of education, if the bid had been re-bid and no
satisfactory bid was received.
Upon a majority vote of the board, the contract will be awarded to the lowest
responsible bidder, as determined by the board. The district will enter into a
contract and the terms set forth in the RFP and the successful bid response
shall be incorporated into therein. Written contracts shall be prepared for all
major construction and repair projects, signed by the board chairman on behalf
of the district.
An acceptable bid or offer and a district purchase order may constitute the only
contract necessary for the purchase of supplies, equipment, and minor repairs of
construction projects, except that the successful bidder must meet all
conditions included in the RFP.
The security of unsuccessful bidders shall be returned in a reasonable period of
time, in no event any later than sixty (60) days after the bid is awarded.
BIDDING RELIEF
In the event a bidder made a mistake on a bid, this district will determine if
the bidder is entitled to relief from the bid. Bidders will be granted relief
from the bid if the bidder established to the satisfaction of the district that
the following occurred:
1. A clerical or mathematical mistake was made;
2. The bidder gave this district written notice within five (5) calendar days
after the opening of the bid of the mistake, specifying in the notice in detail
how the mistake occurred; and
3. The mistake was material.
The district will document the receipt of the request for relief, its review of
the bid, and any action taken by the district. The report will be filed with the
superintendent and will be available for inspection as a public record.
In the event the district determines that relief is to be granted as set forth
above, it will return any bid security filed with the district or agent thereof.
Bidders who did not satisfy the conditions for relief shall forfeit any bid
security. Additionally, any bidders failing to execute a contract, and not
satisfying the conditions of a mistake shall forfeit any bid security.
Any bidder claiming a mistake, or who forfeits a bid security, is prohibited
from participating in any re-bidding of the same project on which the mistake
was claimed, or security forfeited.
NON-MATERIAL BID IRREGULARITIES
Non-material irregularities in the bid will be waived by this district, and the
bid will not be rendered non-responsive. The following will apply in determining
whether non-material irregularities exist:
1. Clerical errors, such as obvious arithmetic errors, must be discernible from
the bid documents. If the errors can be corrected, the bid will be considered
responsive. The revised bid amount will be used in evaluating the bid.
2. Both the error and the bidder’s intent must be readily discernible from the
bid documents.
3. The correction or waiver of non-material irregularities must not affect the
relative standing of, or be otherwise prejudicial to other bidders.
PROHIBITION AGAINST BID SPLITTING
Neither this district, nor any of its employees, will split or separate
purchases or work projects for the purpose of evading any laws of the State of
Idaho, which require competitive bidding.
♦ ♦ ♦ ♦ ♦ ♦ ♦
LEGAL REFERENCE:
Idaho Code Sections
33-601
67-5716
54-1904B, C, D, E
59-1026
67-2326 through 67-2333
67-2800, et seq.
ADOPTED: February 12, 2002
AMENDED: July 13, 2004
AMENDED: November 15, 2005
POLICY TITLE: Lease-Purchase Agreements
POLICY NO: 833
This board may enter into lease-purchase agreements for goods, equipment, buses or
portable classrooms, provided the written agreement meets the following requirements:
-
The annual lease payments shall reflect reasonable compensation for use;
-
No penalty shall be imposed on the district for proper cancellation of the lease;
-
The right to exercise the option to purchase shall be at the sole discretion of the
district; and
-
The cost of purchase shall not exceed the reasonable value of the goods, equipment,
buses or portable classrooms as of the time the option to purchase is exercised.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Section 33-601A
Idaho Constitution, Art. 8, Section 3
POLICY TITLE:
Personal Service Contracts; Notice Requirements
POLICY NO: 834
The board may enter into personal service contracts, as determined to be in the
best interest of the district, to carry out its responsibilities and duties in
governing the district and accomplishing the district’s educational goals and
objectives. Such contracts are exempt from statutory bidding requirements.
“Personal service” is defined as a performance for remuneration by an individual
on a specified contractual basis of specialized professional or consultive
expertise germane to administration, maintenance, or conduct of governmental
activities which require intellectual or sophisticated and varied services,
dependent upon facilities, invention, imagination, or a specific talent which
the district cannot itself provide or accomplish.
The district must publish, within fifteen (15) days of entering into any
personal service contract, the parties, amount, and a one-sentence purpose for
all personal service contracts over ten thousand dollars ($10,000) annual
payment, regardless of what fund the contract moneys are derived from. The
publication must be in a newspaper of general circulation within the
geographical area wherein such personal service is to be performed.
♦ ♦ ♦ ♦ ♦ ♦ ♦
LEGAL REFERENCE:
Idaho Code Sections
33-506
59-514
67-2803(4)
ADOPTED: November 15, 2005
AMENDED:
POLICY TITLE:
Contracted Educational Services
POLICY NO: 835
The board of trustees of this district authorizes the
superintendent or designee to enter into agreements with private service
providers when he/she determines that the necessary educational services are not
available through the district or that it is in the best interest of a student
and the district to enter into an agreement with a private service provider.
Such agreements may be entered into for services identified on a student’s IEP
or 504 plan, or for other educational services as needed by the district. In no
event shall such agreement exceed twelve (12) calendar months.
Any agreement signed by the superintendent/designee with
private service providers, pursuant to this policy, shall set forth the terms of
the agreement, the relationship of the parties, the services to be provided,
provisions for record keeping and confidentiality of records, the billing
procedures, as well as other terms that are deemed to be necessary.
The superintendent/designee shall select private service
providers hired pursuant to this policy based on their qualifications, work
experience, availability, lack of conflict of interest with the district, and
financial stability. While the superintendent/designee may also consider a
parent’s request for a particular service provider, such request will not be the
controlling factor in selecting a private service provider. The
superintendent/designee shall be able to terminate contract for a specific
individual for action related to job performance.
No private service providers hired under this policy shall
be considered employees of the district. Further, all private service
providers, and their employees, shall be fully qualified for the services for
which the agreement specifies.
DEFINITIONS
“Private service provider” is an individual, either
self-employed or working for an agency, who is properly licensed and/or
certified to provide the educational service for which he or she is contracted.
Such services may include, but are not limited to, occupational therapy, speech
therapy, physical therapy, behavioral specialist, etc.
Idaho Code Section 33-506(1)
POLICY TITLE:
Bond and Licensure Requirements For Public Works
POLICY NO: 837
All contractors for public works construction are required to have a current
state license as a public works contractor to be a “qualified” contractor,
unless the contractor is exempted from the licensure requirements, as
follows:
1. Contractors responding to a request for bids or quotes or who hold a
contract for construction, alteration, or repair for services involving a
single project with an estimated cost of less than ten thousand dollars
($10,000); or
2. Contractors responding to a request for bids or quotes or who hold a
contract for a project estimated to cost less than fifty thousand dollars
($50,000) for which no responsive statement of interest was received from a
licensed public works contractor when statements of interest were solicited
as provided in Idaho Code Section 67-2805(1).
Before the district awards any contract to a qualified contractor for the
construction, alteration, or repair of any district building, or other
public work or improvement, the contractor will provide to the district
proof of public works licensure, if required, and bonds which will become
binding upon the award of the contract to such contractor. The following
bonds must be payable to the district and must be filed in the district
office when the contractor’s bid is submitted for consideration:
1. A performance bond in any amount to be fixed by the district, but in no
event less than eighty-five percent (85%) of the contract amount conditioned
upon the faithful performance of the contract in accordance with the plans,
specifications and conditions thereof. The amount of performance bond will
be set forth in the applicable Request for Bids. Said bond shall be solely
for the protection of this district.
2. A payment bond in an amount to be fixed by the district, but in no event
less than eighty-five percent (85%) of the contract amount, solely for the
protection of persons supplying labor or materials, or renting, leasing, or
otherwise supplying equipment to the contractor, or his or her
subcontractors for such contract. The amount of payment bond will be set
forth in the applicable Request for Bids.
If this district requires a performance bond or payment bond in excess of
fifty percent (50%) of the total contract amount, it shall not be authorized
to withhold from the contractor or subcontractor any amount exceeding five
percent (5%) of the total amount payable as retainage. Further, the district
will release to the contractor any retainage for those portions of the
project accepted by the district and the contractors as complete within
thirty (30) days after such acceptance. Regarding contract work with this
district, contractors are not authorized to withhold from a subcontractor
any amount exceeding five percent (5%) of the total amount payable to the
subcontractor as retainage. The contractor shall remit the retainage to the
subcontractor within thirty (30) days after completion of the subcontract.
Each bond shall be executed by a surety company or companies duly authorized
to do business in this state, or the contractor may deposit any of the type
of government obligations approved by state law. The bonds may not be
required to be furnished by a particular surety company, or through a
particular agent or broker.
Nothing in this policy shall be construed to limit the authority of the
district to require a performance bond or other security in addition to the
above bonds, or to require bonds in other circumstances.
♦ ♦ ♦ ♦ ♦ ♦ ♦
LEGAL REFERENCE:
Idaho Code Sections
54-1903
54-1926
ADOPTED: December 14, 1999
AMENDED: November 15, 2005
POLICY TITLE:
Contracted Educational
Services POLICY NO: 835
The board of trustees of this district authorizes the
superintendent or designee to enter into agreements with private service
providers when he/she determines that the necessary educational services are not
available through the district or that it is in the best interest of a student
and the district to enter into an agreement with a private service provider.
Such agreements may be entered into for services identified on a student’s IEP
or 504 plan, or for other educational services as needed by the district. In no
event shall such agreement exceed twelve (12) calendar months.
Any agreement signed by the superintendent/designee with
private service providers, pursuant to this policy, shall set forth the terms of
the agreement, the relationship of the parties, the services to be provided,
provisions for record keeping and confidentiality of records, the billing
procedures, as well as other terms that are deemed to be necessary.
The superintendent/designee shall select private service
providers hired pursuant to this policy based on their qualifications, work
experience, availability, lack of conflict of interest with the district, and
financial stability. While the superintendent/designee may also consider a
parent’s request for a particular service provider, such request will not be the
controlling factor in selecting a private service provider.
No private service providers hired under this policy shall
be considered employees of the district. Further, all private service
providers, and their employees, shall be fully qualified for the services for
which the agreement specifies.
DEFINITIONS
“Private service provider” is an individual, either
self-employed or working for an agency, who is properly licensed and/or
certified to provide the educational service for which he or she is contracted.
Such services may include, but are not limited to, occupational therapy, speech
therapy, physical therapy, behavioral specialist, etc.
Idaho Code Section 33-506(1)
POLICY TITLE: Payment for Goods and
Services POLICY NO: 836
Bills or invoices for payment of goods or services shall be submitted to the district
office, along with supporting purchase orders and other documentation. When the bills or
invoices are received by that office, they shall be reviewed by the superintendent and
other appropriate administrative personnel.
Verified bills will be processed for payment by attaching information related to the
budget account. The bills shall be reviewed by appropriate administrative personnel and a
recommendation shall be made to the board regarding payment.
A final payment determination shall be made by the board. Checks or warrants for the
approved bills will be drawn by the superintendent or his/her designee.
All bills shall be accepted, certified for payment, and paid within sixty (60) calendar
days of receipt of bill, unless a contract specifies another payment arrangement.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Section 67-2302
POLICY TITLE: Personnel Conflict of
Interest POLICY NO: 839
No employee shall make any purchase of incur any obligations for on behalf of the
district from any private business or vendor in which or with which the employee has a
direct or indirect financial or ownership interest.
Purchases or contracted services from any private business or venture in which any
employee of this district has a direct or indirect financial or ownership interest shall
be made on a competitive bid basis strictly in accordance with the following procedures:
-
The interested employee, the business, or the vendor shall seek, in writing, from the
superintendent, a clarification of this policy stating the transaction at issue. The
employee's exact relationship to the business or vendor shall be identified and disclosed
fully in writing.
-
Upon written clarification from the superintendent, which shall include written
specifications to be followed in advertising for bids, the affected business or vendor may
submit a bid in compliance with the specifications outline by the district.
-
The interested employee shall not be involved in any part of the bidding process,
including, but not limited to preparing specifications, advertising, analyzing, or
accepting bids.
-
It shall be the duty of each employee, to the best of his or her knowledge and belief to
disclose in writing to the superintendent his or her financial or ownership interest in
any business or other purchase arrangement with the district.
-
This policy shall apply to any organization, fund, agency or other activity maintained
or operated by the district.
No employee shall receive gifts, prizes, awards, merchandise, or commission as a result
of ordering any items secured as a result of placing any purchase order with a vendor on
behalf of the district.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Sections
18-1351 et seq.
59-701 et seq.
POLICY TITLE: Insurance
POLICY NO: 842
Adequate insurance shall be maintained to insure all school buildings and other
property, and the district, against any loss by fire, casualty or liability, and the
board, its officers, and employees, and it shall preserve the district's property for the
benefit of the district. In case of loss of any insured property, the proceeds from
insurance may:
-
Be expended in constructing a temporary or permanent structure, but no sum greater than
the insurance proceeds shall be expended except on approval of a majority of the school
district's electors voting in an election called for that purpose;
-
Be placed in or made a part of the school plant facilities reserve fund of the district,
if the district has such a fund; or
-
Be placed in a separate account in the bond interest and redemption fund of this
district to repay any kind of obligation incurred by the district in replacing or
restoring the property for which the insurance proceeds were received. The funds shall not
be included in the computations of bond and bond interest levies as provided in Section
33-802A, Idaho Code.
If the proceeds of any insurance received by a district by reason of loss of real
property shall be less than five thousand dollars ($5000), the proceeds may be credited to
the general fund of the district.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Sections
33-701
33-802A
POLICY TITLE: Educational
Material Fees POLICY NO: 845
The board of trustees shall have authority to establish a system of fees to be charged
to students to cover the cost of consumable materials used by the student for creation of
learning projects of intrinsic value which become the property of the student. The board
of trustees shall also have the authority to establish a system of deposits, or charge to
cover excessive wear and tear, damage or loss of instructional materials or equipment used
by the students or district employees.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Section 33-705
Paulson v. Minidoka County Joint District, No. 331,
93 Idaho 469, 463 P.2d 935 (1970)
POLICY TITLE: Activity Funds POLICY NO:
848
This district will have a fund or funds for the purpose
of controlling and accounting for the receipts, deposits, expenditures,
assets, liabilities, and fund balances arising from the following
transactions:
-
Admission
charges for interscholastic activities;
-
The
sale of the yearbooks and annuals; and
-
Student
fee collections which are used to provide more than one (1) activity or
benefit to all of the students of the school or school buildings.
-
Receipts from vending machines located on school
property.
Disbursement from any of the activity funds will be made
by regular bank checks signed by the treasurer or assistant treasurer of this
district countersigned by the chairman or vice-chairman of the board or other
employee of the district designated by the board.
The following sets forth the nature and type of
expenditures for student activities and the requirements for the expenditures
and withdrawal of monies:
GENERAL ACTIVITIES
Definition
Ledger account for controlling, accounting for, and
dispersing money received from sources including but not limited to student
body fees, concessions, vending machines and interest income. Functional
accounts necessary to operate and maintain a standard accounting system are
also included in this category.
Purpose
These funds are used to promote the general welfare of
each school and the educational development and morale of all students.
Fund Disbursement
These funds are dispersed at the discretion of the
building principal.
ATHLETICS AND
ATHLETIC ACTIVITIES
Definition
Ledger accounts for controlling, accounting for, and
dispersing monies received from sources including, but not limited to, gate
receipts, athletic fundraisers, and the sale of athletic clothing.
Purpose
These funds are used to promote the athletic program of
the student body.
Fund Disbursement
These funds are dispersed at the discretion of the
athletic director and the building principal.
CLUBS AND
ORGANIZATIONS
Definition
Ledger accounts for controlling, accounting for, and
dispersing monies received from sources, including but not limited to, club
dues, fundraisers, and donations.
Purpose
These funds are used to promote specific areas of
interest of the student body.
Fund Disbursement
These funds are dispersed at the discretion of the
club’s advisors with approval of the building principal.
CLASSES
Definition
Ledger accounts for controlling, accounting for, and
dispersing monies received from sources including, but not limited to, fund
raisers by specific grade level classes or donations for specific classes.
Purpose
These funds are used to finance specific projects
sponsored by a designated class.
Fund Disbursement
These funds are dispersed at the discretion of the
student body with the approval of the class advisor and the building
principal.
PUBLICATIONS
Definition
Ledger accounts for controlling, accounting for, and
dispersing monies received from sources, including but not limited to, the
sale of yearbooks.
Purpose
These funds are used to finance the publication of the
yearbook and support of the student body.
Fund Disbursement
These funds are dispersed at the discretion of the
yearbook advisor and the building principal.
EDUCATIONAL
MATERIALS
Definition
Ledger accounts for controlling, accounting for, and
dispersing of monies received from fees charged to cover costs of consumable
materials used in class projects if the finished project becomes the property
of the student.
Purpose
These funds are used to purchase consumable materials
that become the property of the student.
Fund Disbursement
Funds are dispersed at the discretion of a teacher with
the approval of the building principal.
SPECIAL CLEARING
ACCOUNTS
Definition
Ledger accounts for controlling, accounting for and
dispersing monies belonging to other area schools received from sources
including, but not limited to, hosting district or regional events. These
funds should not be counted as part of the athletic or organizational income
and expense of the host school. Other accounts in this group may be a division
of net income between the host school and one or more schools.
Purpose
Monies are collected and held in these accounts until all
income and expenditures have been properly accounted and the accounts can be
cleared.
Fund Disbursement
These funds are dispersed at the discretion of the
treasurer with the approval of the building principal.
BUDGETS
A budget will be prepared for each program for each
fiscal year showing the sources of income (in detail) and the proposed
expenditures (itemized).
The budget is to be signed by the advisor for the
program.
RECEIPTS
All cash and check collection will be recorded by the
person receiving the collection. A cash receipt will be prepared immediately.
Cash receipts are to be issued in numerical sequence.
The receipt must be filled in completely including:
-
Date;
-
The
amount;
-
The name of the person or
company delivering the funds;
-
The source of the funds
(fund raiser, yearbook payment, etc.); and
-
The
account code and description of the account.
An actual cash count of all currency and coin must be
made by the person receiving the funds in the presence of the person
delivering the funds.
Checks received will not be post-dated for any reason.
A cash receipt will not be altered for any reason. If an
error occurs, the person receiving the cash or check will indicate the receipt
was voided, will mark void on the receipt and file the voided receipt in
numerical sequence with the copies of the receipts.
The original receipt will be given to the person
delivering the money. If an individual mails a check and requests a receipt
for the payment, a receipt acknowledging the check number will be
prepared and returned by mail to the individual making the
payment. The copy of the receipt will be filed in numerical order and retained
for auditing purposes.
Receipts are to be issued in numerical order. Access to
receipts will be limited to the individual responsible for the particular fund.
If funds are delivered to a building office when the person
responsible for the school fund is out of the office, the employee receiving the
cash or check will follow the receipt procedures set forth above. The funds will
then be locked in a safe until the person responsible for the school fund is
available.
All funds received by clubs or school organizations must be
properly documented.
All funds collected by staff members will be submitted
daily to the building principal or his or her designee for receipt. No money
will be kept overnight in classrooms, desks, file cabinets or other areas within
the building.
The official financial records of the student activity
funds for any school in this school district will be audited annually by a
qualified public accountant or other responsible person approved by the board of
trustees. The employee responsible for maintaining student activity funds will
be under bond in an amount which protects the maximum funds on hand at any time.
An annual report will be prepared for the board of trustees, disclosing all
results of the audit.
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LEGAL
REFERENCE:
Idaho Code Section 33-705
Paulson v. Minidoka
County Joint District, No. 331,
93 Idaho 469, 463 P.2d 935 (1970)
ADOPTED:
July 8, 1996
AMENDED:
February 9, 1998
AMENDED:
December 14, 1999
POLICY TITLE: Gifts, Grants, and
Bequests POLICY NO: 851
It shall be the policy of the school district to accept gifts, grants and bequests in
the form of money and or property when it is in the interest of the school district to do
so.
Once accepted by the district, the gift, grant or bequest becomes the sole property of
the school district subject only to the control of the school district.*
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ADOPTED: May, 1996
LEGAL REFERENCE:
Idaho Code Section 33-506
POLICY TITLE: Inventory Records POLICY
NO: 854
A physical inventory of all fixed assets (equipment,
materials, supplies, and real property) owned by the district will be maintained
and updated yearly by the superintendent or designee. The inventory will be
reconciled with the district’s accounting records and will be reported to the
board.
“Fixed asset” means property that is tangible in nature,
including real property, buildings and improvements, equipment, and materials
and supplies, which will not be consumed or converted to cash in the current
accounting period.
Fixed assets shall be acquired, maintained, used, and
disposed of consistent with district policies and all applicable laws and
regulations.
Fixed assets will be depreciated using the straight-line
depreciation for financial reporting. The useful life of an asset will be based
on current industry standards.
Idaho Code Section 33-506(1)
POLICY TITLE: Payroll Periods and
Schedule POLICY NO: 857
Salary checks will be issued on or about the 22nd day of each month. A list of paydays
for the school year will be included in the superintendent's bulletin at the opening of
the school term.
Salary checks will be issued on a twelve-month basis. Employees may draw their summer
checks in advance only if they plan to attend summer school, or plan to terminate their
employment with the district.
Retiring personnel may be paid on a nine-month basis in order to obtain the greatest
retirement benefits.
All payroll deductions will be pro-rated over the full twelve-month period, or as
determined by the superintendent. Deductions for unauthorized absences will be made on the
payroll for the pay-period following the month in which the absence is reported to the
payroll clerk.
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ADOPTED: June 9, 1980
LEGAL REFERENCE:
Idaho Code Section 33-701
POLICY TITLE: Payroll Deductions POLICY
NO: 860
Payroll deductions for school employees are authorized as provided by federal and state
law and the master agreement.
If a total of 25 percent of the school district employees request payroll
deduction for a given private insurance company, such deduction will be approved. (See
minutes of November 22, 1962.)
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Section 33-506(1)
POLICY TITLE: Supplemental Pay POLICY
NO: 863
Supplemental pay for special assignments will be paid according to a schedule approved
by the board of trustees. Such payments will be made by the regular payroll procedures.
In cases where the supplemental assignment covers the full school term, the
supplemental pay, by arrangement with the superintendent of schools, may be pro-rated over
the twelve-month pay program.
When the assignment involves a seasonal activity, the employee may request payment of
the supplement two weeks after the activity assignment is undertaken. The request for such
payment must be submitted to the payroll clerk prior to the close of the payroll period
for the month in which payment is requested.
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ADOPTED: July 8, 1996
LEGAL REFERENCE:
Idaho Code Section 33-506
POLICY TITLE: HIPAA Privacy
Rule Compliance POLICY
NO: 864
PRIVACY RULE COMPLIANCE
The federal Privacy Rule of the Health Insurance
Portability and Accountability Act (HIPAA) requires the district to adopt a
policy protecting the privacy rights of its employees.
DEFINITIONS
For the purposes of this policy, the following
definitions apply:
1.
“Privacy Officer” shall mean the superintendent or the superintendent’s
designee.
2.
“HHS Privacy Regulations” or “Privacy Rule” shall mean the Standards
for Privacy of Individually Identifiable Health Information as defined
at 45 C.F.R. Parts 160 and 164, Subparts A and E.
3.
“Protected Health Information” or “PHI” shall have the same meaning as
the term “protected health information” as defined in 45 U.S.C. Section
164.501, but is limited to any such information created or received by
Business Associate from or on behalf of Covered Entity.
4.
“Business Associate” shall mean a person or organization not a part of
the district’s work force that performs certain functions or activities, such
as, but not limited to, claims processing, data analysis, and billing, on
behalf of the district that involves the use or disclosure of individually
identifiable health information.
5.
“Covered Entity” shall mean a district that acts as a “health plan,”
including an employer-sponsored group health plan. Exceptions to this
definition are those health plans with less than fifty (50) participants that
are administered solely by the employer.
PRIVACY NOTICE
A notice of privacy practices regarding Protected Health
Information (PHI) and the use or disclosure that may be made of PHI shall be
provided annually to employees who are covered by the district’s health plan.
ACCESS TO PROTECTED HEALTH INFORMATION
Employees, or their personal representatives, have the
right to inspect or copy their PHI. This right to access includes access to
the information held by a Business Associate of the district. Requests to
access PHI shall be in writing and the Privacy Officer shall respond within
thirty (30) days of the request. If the PHI is not readily available on site,
the Privacy Officer shall have an additional sixty (60) days to respond. If
the Privacy Officer is not able to respond within these time limits, a written
notification will be provided to the individual making the request. Responses
shall be consistent with the requirements of the Privacy Rule.
RIGHT TO REQUEST AMENDMENT OF PHI
An individual has the right to request the amendment of
his or her PHI. All such requests are required to be in writing and must
provide a reason for the requested amendment. The Privacy Officer shall act
and respond within sixty (60) days of receipt of the request. If the request
is denied, the following information will be provided:
1.
The basis for denial.
2.
How the person may submit a written statement disagreeing with the
denial.
3.
A statement that, if the individual does not submit a statement of
disagreement, the individual may request that the district include the request
for amendment and the denial in any future disclosures of the PHI at issue.
4.
A description of how the individual may complain to the district,
including contact information.
All requests and related documentation shall be
maintained for six (6) years.
RIGHT TO ACCOUNTING
An individual has the right to an accounting of
disclosures of PHI made by the district, except disclosures made for payment,
treatment, health care operations, disclosures to the subject individual,
incidental disclosures, or disclosures made pursuant to a valid
authorization. Such request must be in writing.
Accounting of disclosures shall include:
1.
The date of disclosure, name of the entity or person who received the
PHI and a brief statement of the purpose, or a copy of the individual’s
authorization or written request for disclosure.
2.
For multiple disclosures of PHI to the same person or entity, the
following may be provided in the accounting: the time of the first
disclosure, a full accounting with all elements described above, the frequency
period, periodicity or number of disclosures made during the accounting
period, and the date of the last disclosure in the accounting period.
3.
The first accounting within a 12-month period will be at no cost to the
individual. A reasonable cost-based fee will be charged for all subsequent
accountings of disclosures during the 12-month period.
RIGHT TO RESTRICT USE OR DISCLOSURE
An individual has the right to request in writing that
the district restrict the use or disclosure of PHI for purposes of treatment,
payment, or health care operations. The district shall honor any restriction,
except in the case of an emergency. Any agreement to restrict disclosure
shall be retained for a period of six (6) years from the date of its
creation. Any termination of such restriction shall be documented.
Individuals have the right to restrict the manner and
method of communication regarding PHI. Reasonable requests as determined by
the Privacy Officer will be accommodated. Such requests or agreements for
confidential communication shall be reduced to writing.
DISCLOSURES WITHOUT CONSENT/AUTHORIZATION
In compliance with the Privacy Rule, the district shall
disclose PHI upon request to the individual who is the subject of the PHI and
to the Secretary of the U.S. Department of Health and Human Services.
At the discretion of the Privacy Officer, the district
may disclose PHI for treatment, payment, and health care operations
without a signed authorization from the subject individual and as otherwise
may be permitted under the Privacy Rule.
Disclosures for worker’s compensation purposes are
excluded from coverage by HIPAA and are covered by state law.
DISCLOSURE OF PHI WITH AUTHORIZATION
A signed authorization is required for disclosure of PHI
unless an exception applies. The authorization must comply with the
requirements of the Privacy Rule and the disclosure shall be consistent with
the terms of the authorization. The signed authorization form must be
retained for six (6) years and the individual who signed the authorization
must be given a copy.
AUTHORIZATION CONTENT
The authorization form shall contain, at a minimum, the
following:
1.
The specific and meaningful description of the information.
2.
The name or other specific identification of the person(s) or class of
persons (such as a personal representative) authorized to make the requested
use or disclosure.
3.
The name or specific identification of the person(s) or class of
persons to whom the district may make the requested use or disclosure.
4.
An expiration date or event that relates to the individual or the use
or disclosure purpose, but in no case shall the expiration date be more than
one (1) year after the date of the signature.
5.
A statement of the individual’s right to revoke the authorization in
writing and the procedure to do so.
6.
A statement that any PHI used or disclosed based on the authorization
may be subject to redisclosure by the recipient and may no longer be protected
by the Privacy Rule.
7.
A statement of the inability to condition treatment, payment,
enrollment, or eligibility for benefits on the authorization.
8.
The individual’s dated signature.
9.
If an individual’s personal representative signs the authorization, a
description of that representative’s authority to act on the individual’s
behalf.
HEALTH INFORMATION FOR EMPLOYMENT PURPOSES
Health information regarding employees provided to the
district as the employer for a specific employment purpose is not PHI and will
be kept in the employee’s personnel record. PHI will not be made part of an
employee’s personnel record without the signed authorization of the employee
or personal representative, as required by the Privacy Rule.
PRIVACY OFFICER
The superintendent or designee is appointed as the
Privacy Officer/Contact Person for the district. All complaints should be
forwarded to (address) and addressed to the attention of the Privacy Officer.
PL 104-191
42 USC � 1320d-2(d)
45 CFR �� 160-164
[DISTRICT
LETTERHEAD]
Date
Dear Employee:
The ____________ School District No. ___ reimburses
certain medical costs of employees consisting of
______________________________ (describe what costs the school district
reimburses under its plan) or provides an employer-sponsored group
health plan to its employees. Under the Health Insurance Portability and
Accountability Act (HIPAA), the district must maintain the confidentiality of
protected health information regarding employees received in the course of
providing a healthcare plan. Enclosed for your review is a notice (similar to
a notice received from a healthcare provider), which provides an overview of
the district’s practices and procedures and sets forth your rights to access
the protected health information about you and your family members maintained
by the district.
Please review this information. If you have any
questions, please feel free to contact me at __________ (telephone number).
Sincerely,
Name
HIPAA Privacy Officer
NOTICE OF PRIVACY
PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU
MAY BE USED OR DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
I.
Privacy
Obligations:
The ______________________ School District
(hereinafter “School District”) is considered to be a Health Plan under the
Health Insurance Portability and Accountability Act and receives Protected
Health Information regarding employees in the course of making reimbursement
to those employees for deductibles paid in conjunction with insurance coverage
for employees and their family members. Accordingly, we are required to
maintain the privacy of certain financial, personal, and health information
(Protected Health Information, PHI) and to provide you with this notice of our
legal duties and privacy practices with respect to PHI. When we use or
disclose PHI, we are required to abide by the terms of this notice or any
subsequent notice in effect at the time of the use or disclosure.
The School District
utilizes a private business entity, ____________________________ (hereinafter
“Business Associate”), to implement the reimbursement payments for employees.
Statement of Benefits documents may be disclosed to our Business Associate for
this purpose. This disclosure will be made without the signed authorization
of the employee. Other disclosures may be made for purposes of treatment,
payment, or health care operations without the authorization of the employee.
The School District shall comply with the requirements of the federal Privacy
Rule.
II.
Uses and
Disclosures of PHI based upon on your written authorization:
Other uses and disclosures of your PHI will be
made only with your written authorization, unless otherwise permitted or
required by law, as described below. This authorization will describe how the
information will be used, and a copy of this Privacy Notice will accompany
each request for authorization that is made by a third party or by the School
District and sent to you. You may revoke your written authorization at any
time, in writing, except to the extent that your physician or the physician’s
practice had taken an action in reliance on the use or disclosure indicated in
the authorization.
Uses and Disclosure for Research: No PHI
will be released for clinical research unless you agreed to participate in a
specific research program and have provided written consent at the time of
your enrollment in that research program.
III.
Permitted
and Required Uses and Disclosure that may be made without your consent or
authorization or opportunity to object:
There are occasional circumstances in which we
may use or disclose your PHI without obtaining your authorization to do so.
Generally speaking, you have the right to agree to and authorize the
disclosure of your PHI, then we may, in these limited circumstances using
professional judgment, determine whether the disclosure is in your best
interest. In this case, only the PHI that is relevant to your health care
will be disclosed.
A.
Emergency Circumstances. Unless you object, we may use or disclose
some or all of the PHI in an emergency situation because of an individual’s
incapacity or an emergency treatment circumstance.
B.
Compliance with Legal Authority. We may use or disclose your PHI
when we are required to do so, as in the case of reporting abuse or neglect to
appropriate federal or state law enforcement agencies.
C.
Others Involved in Your Health Care. Unless you object, we may
disclose to a member of your family, a relative, a close friend, or any other
person you identify, your PHI that directly relates to that person’s
involvement in your health care, or to notify or assist in notifying a family
member, personal representative, or any other person that is responsible for
your care, of your location, general condition, or death. Finally, we may use
or disclose your PHI to an authorized public or private entity to assist in
disaster relief efforts and to coordinate uses or disclosure to family or
other individuals involved in your health care.
IV.
Your
Individual Rights:
A.
Right to Request Additional Restrictions. You may request a
restriction on our use or disclosure of PHI for treatment, payment, and
operations. We will consider additional restrictions carefully, but we may
not and are not required to agree to a requested restriction. If agreed, we
will abide by the restriction.
B.
Right to Receive Confidential Communications. We will accommodate
any reasonable written request for you to receive PHI by alternative means of
communication or at alternate locations.
C.
Right to Inspect and Copy Your Records. You may request, in
writing, access to your PHI in order to inspect or request copies of the
records. You may be charged a fee for each copy. Under limited
circumstances, as permitted by law, we may deny you access to a portion of
your records, for example when a licensed health care professional feels that
such disclosure may cause harm.
D.
Right to Request an Amendment of Your Records. You have the right
to request that your PHI maintained by the School District be amended in cases
where information is erroneous or incomplete and the information originated
with the School District or its Business Associate.
E.
Right to Receive Accounting of Disclosures. You have the right to
receive an accounting of disclosures of your information and to whom those
disclosures have been made.
F.
Right to Receive a Paper Copy of this Notice. Upon request, you
may obtain a copy of this notice, even if you agreed to receive such notice
electronically.
V.
Effective
Date and Duration of this Notice.
This notice of Privacy Policy for the School
District will become effective on or after ________________, 2004. We may
change the terms of this notice from time to time as may be deemed necessary.
If we change this notice, a copy will be posted in the business office of the
School District. You will receive a copy of the current notice any time the
School District’s obligations under your health insurance coverage changes.
If you desire further
information regarding your privacy rights or are concerned that your rights
have been violated, you may contact our Privacy Officer at
______________________________, ____________, Idaho ________, or you may
contact the Office of Civil Rights, U.S. Department of Health and Human
Services, 2201 Sixth Avenue, Mail Stop RX-11, Seattle, Washington 98121,
(206) 615‑2290 (telephone); (206) 615-2296 (TDD); (206) 615-2297 (facsimile).
HIPAA Authorization Form
At my request, I authorize the ________________________ School District No.
_____ (hereinafter “School District”) to disclose personal health information
as described below.
Name:
Date of Birth:
Street Address:
City/State/Zip:
Telephone Number:
Person or Organization
Receiving the Information:
Name:
Street Address:
City/State/Zip:
Telephone Number:
Description of Specific
Information to be Disclosed:
The date or event when this Authorization
expires:
(If a date or event it
nor specified, this authorization will expire one year from the date of
signature.)
I understand that if the person or organization that
receives the information is not a health care provider or health plan covered
by federal privacy regulations, the person or organization may not be
obligated by state or federal law to protect it.
I understand that I may cancel this authorization in
writing at any time by sending a written request to the School District
offices. My cancellation of this authorization will not affect any action the
School District took prior to receiving my cancellation request.
This authorization is voluntary. The School District
will not condition my enrollment in the health plan or eligibility for payment
of benefits on receiving this authorization.
Date:
Signature:
(If signed by a
personal representative of the employee, please complete the following.)
Personal Representative’s
name:
Relationship to member:
(Such as parent, legal guardian, holder of power of attorney - please attach
legal documentation if you are the legal guardian, holder of power of
attorney, etc.)
BUSINESS
ASSOCIATE AGREEMENT
THIS
AGREEMENT is entered into on this ____ day of _____________, 2004, by and
between ____________________________________ SCHOOL DISTRICT NO. _____ doing
business at ______________________________________, __________________, Idaho
8______, validly organized as a body corporate and politic hereby authorized to
enter into contracts pursuant to Idaho Code Title 33, Chapter 6, and is a
Covered Entity under the provisions of the Health Insurance Portability and
Accountability Act (hereinafter “Covered Entity”), and
____________________________, a Business Associate under the provisions of the
Health Insurance Portability and Accountability Act and doing business at
_______________________, __________________, Idaho 8______ (hereinafter
“Business Associate”).
WHEREAS, Covered Entity will
make available and/or disclose to Business Associate certain employee Protected
Health Information (PHI), along with goods or services that are being provided
by the Business Associate to the Covered Entity; and
WHEREAS, Business Associate will
have access to and/or receive from Covered Entity certain PHI that can be used
or shared only in agreement with this Agreement and the U.S. Department of
Health and Human Services (HHS) Privacy Regulations.
NOW, THEREFORE, the Covered
Entity and the Business Associate agree to the following for the mutual benefit
of each:
1.
DEFINITIONS. The following words are defined below:
1.01
Agreement shall refer to this document.
1.02
Business Associate shall mean __________________________, the organization
receiving the Information.
1.03
Covered Entity shall mean ______________________ School District No. ____,
the organization providing or making available the Information.
1.04
Designated Record Set shall mean the PHI information regarding enrollment,
payment, claims adjudication, case/medical records systems, and any other
records used in whole or in part to make decisions about an individual.
1.05 HHS
Privacy Regulations or Privacy Rule shall mean the Standards for
Privacy of Individually Identifiable Health Information as defined at 45
C.F.R. Parts 160 and 164, Subparts A and E.
1.06
Individual shall mean the person who is the subject of the Protected Health
Information, and has the same meaning as the term “individual” as defined in 45
C.F.R. Section 164.501, and shall include a person who qualifies as a personal
representative in accordance with 45 C.F.R. Section 164.502(g).
1.07
Parties shall mean Business Associate and Covered Entity.
1.08
Protected Health Information or PHI shall have the same meaning as
the term “protected health information” as defined in 45 U.S.C. Section 164.501,
but is limited to any such information created or received by Business Associate
from or on behalf of Covered Entity.
1.09
Required by Law shall have the same meaning as the term “required by law”
found at 45 C.F.R. Section 164.501.
1.10
Secretary shall mean the Secretary of the U.S. Department of Health and
Human Services and/or his designee.
2.
OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE.
2.01
Business Associate agrees to not use or disclose PHI other than as permitted
or required by the Agreement or as Required by Law.
2.02
Business Associate agrees to use appropriate safeguards to prevent use or
disclosure of the PHI other than as provided by this Agreement.
2.03
Business Associate agrees to mitigate, to the extent practicable, any
harmful effect that is known to Business Associate of a use or disclosure of PHI
by Business Associate in violation of the requirements of this Agreement.
2.04
Business Associate agrees to report to Covered Entity any use or disclosure
of the PHI not provided for by this Agreement of which it becomes aware.
2.05
Business Associate agrees to ensure that any agent, including a
subcontractor, to whom it provides PHI received by Business Associate on behalf
of Covered Entity agrees to the same restrictions and conditions that apply
through this Agreement to Business Associate with respect to such information.
2.06
Business Associate agrees to make any amendment(s) to PHI in a Designated
Record Set that the Covered Entity directs or agrees to pursuant to 45 C.F.R.
Section 164.526 at the request of Covered Entity or an Individual, and in the
time and manner agreed between the parties.
2.07
Business Associate agrees to make internal practices, books, and records,
including policies and procedures related to PHI, relating to the use and
disclosure of PHI received from, or created or received by Business Associate on
behalf of, Covered Entity available to the Covered Entity or to the Secretary,
in a time and manner agreed between the parties, or designated by the Secretary,
for purposes of the Secretary determining Covered Entity’s compliance with the
Privacy Rule.
2.08
Business Associate agrees to document such disclosures of PHI and
information related to such disclosures as would be required for Covered Entity
to respond to a request by an Individual for an accounting of disclosures of PHI
in accordance with 45 C.F.R. Section 164.528.
2.09
Business Associate agrees to provide to Covered Entity or an Individual, in
the time and manner agreed by the parties, information collected in accordance
with Section 2.08 of this Agreement, to permit Covered Entity to respond to a
request by an Individual for an accounting of disclosures of PHI in accordance
with 45 C.F.R. Section 164.528.
2.10
Business Associate shall provide an accounting of all claims to Covered
Entity by ________________, 2004, and each month thereafter by the ____ day of
the month.
3.
PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE.
3.01
Specific Purpose. Except as otherwise limited in the Agreement, Business
Associate may use or disclose PHI on behalf of, or to provide services to,
Covered Entity for the following purposes, if such use or disclosure of PHI
would not violate the Privacy Rule if done by Covered Entity or the minimum
necessary policies and procedures of the Covered Entity:
3.01.01
Covered Entity contracts with Business Associate for the implementation
of the agreement of Covered Entity with employees for the payment of certain
deductibles buy downs, reimbursement of specified deductibles and out-of-pocket
expenses of employees or members of the family of employees of the Covered
Entity.
3.01.02
(If there is an underlying written service agreement or contract, it
should be referenced here.)
4.
SPECIFIC USE AND DISCLOSURE PROVISIONS.
4.01
Except as otherwise limited in this Agreement, Business Associate may use
PHI for the proper management and administration of the Business Associate or to
carry out the legal responsibilities of the Business Associate.
4.02
Except as otherwise limited in this Agreement, Business Associate may
disclose PHI for the proper management and administration of the Business
Associate, provided that disclosure are Required by Law or Business Associate
obtains reasonable assurances from the person to whom the information is
disclosed that it will remain confidential and used or further disclosed only as
Required by Law or for the purpose for which it was disclosed to the person, and
the person notifies the Business Associate of any instances of which it is aware
in which the confidentiality of the information has been breached.
4.03
Except as otherwise limited in this Agreement, Business Associate may use
PHI to provide data aggregation services to Covered Entity as permitted by 44
C.F.R. Section 164.504(e)(2)(i)(B).
4.04
Business Associate may use PHI to report violations of law to appropriate
federal and state authorities, consistent with 45 C.F.R. Section 164.502(j)(1)
5.
OBLIGATIONS AND ACTIVITIES OF COVERED ENTITY.
5.01 Provisions
for Covered Entity to Inform Business Associate of Privacy Practices and
Restrictions.
5.01.01
Covered Entity shall notify Business Associate of any limitation(s) in
its notice or privacy practices of Covered Entity in accordance with 45 C.F.R.
Section 164.520, to the extent that such limitation may affect Business
Associate’s use or disclosure of PHI.
5.01.02
Covered Entity shall notify Business Associate of any changes in, or
revocation of, permission by Individual to use or disclose PHI, to the extent
that such changes may affect Business Associate’s use or disclosure of PHI.
5.01.03
Covered Entity shall notify Business Associate of any restriction to the
use or disclosure of PHI that Covered Entity has agreed to in accordance with 45
C.F.R. Section 164.522, to the extent that such restriction may affect Business
Associate’s use or disclosure of PHI.
5.01.04
Covered Entity shall pay Business Associate on a quarterly (monthly)
basis, on or before the ___ of the month, the amount of ________ (at the rate
of ________).
6.
PERMISSIBLE REQUESTS BY COVERED ENTITY.
6.01
Covered Entity shall not request Business Associate to use or disclose PHI
in any manner that would not be permissible under the Privacy Rule if done by
Covered Entity, including use and disclosure of PHI for data aggregation or
management as requested by the Covered Entity, and for administrative activities
of Business Associate.
7.
TERM AND TERMINATION.
7.01
The term of this Agreement shall be effective as of ____________, 2004, and
shall terminate when all of the PHI provided by Covered Entity to Business
Associate, or created or received by Business Associate on behalf of Covered
Entity, is destroyed or returned to Covered Entity. If it is infeasible to
return or destroy PHI, protections are extended to such information, in
accordance with the termination provisions in this Agreement.
8.
TERMINATION FOR CAUSE. Upon Covered Entity’s knowledge of a material
breach by Business Associate, Covered Entity shall either:
8.01
Provide an opportunity for Business Associate to cure the breach or end the
violation and terminate this Agreement, if Business Associate does not cure the
breach or end the violation within the time specified by Covered Entity;
8.02
Immediately terminate this Agreement if the Business Associate has breached
a material term of this Agreement and cure is not possible; or
8.03
If neither termination nor cure is feasible, Covered Entity shall report the
violation to the Secretary.
9.
EFFECT OF TERMINATION.
9.01
Except as provided in paragraph 9.02 of this section, upon termination of
this Agreement, for any reason, Business Associate shall return or destroy all
PHI received from Covered Entity, or created or received by Business Associate
on behalf of Covered Entity. This provision shall apply to PHI that is in the
possession of subcontractors or agents of Business Associate. Business
Associate shall retain no copies of the PHI.
9.02
In the event Business Associate determines that returning or destroying the
PHI is infeasible, Business Associate shall provide to Covered Entity
notification of the conditions that make return or destruction infeasible. Upon
mutual agreement that return or destruction of PHI is infeasible, Business
Associate shall extend the protections of this Agreement to such PHI and limit
further uses and disclosures of such PHI to those purposes that make the return
or destruction infeasible, for so long as Business Associate maintains such PHI.
10.
MISCELLANEOUS PROVISIONS.
10.01
Regulatory References. A reference in this Agreement to a section in the
Privacy Rule means the section as in effect or as amended.
10.02
Amendment. The parties agree to take such action as is necessary to amend
this Agreement from time to time as is necessary for Covered Entity to comply
with the requirements of the Privacy Rule and the Health Insurance Portability
and Accountability Act of 1996, Pub. L. No. 104-191.
10.03
Survival. The respective rights and obligations of Business Associate under
Section 9 of this Agreement shall survive the termination of this Agreement.
10.04
Interpretation. Any ambiguity in this Agreement shall be resolved to permit
Covered Entity to comply with the Privacy Rule.
10.05 Choice
of Law. This Agreement shall be governed by the laws of the State of Idaho.
10.06 Change
of Address. Either party may at any time change its address for
notification purposes by mailing a notice stating the change and giving the new
address.
10.07 Entire
Agreement. This Agreement consists of this document, and is the entire
agreement between the parties regarding compliance with the Privacy Rule. There
are no other agreements that are not fully stated in this Agreement and no
change, release, or discharge of responsibilities arising under this Agreement
shall be valid unless it is in writing and carried out by the party against whom
such change, release, or discharge is sought to be enforced.
10.08
Independent Contractor. The relationship of Covered Entity and Business
Associate is that of independent contractors. All acts performed by Business
Associate shall be deemed to be performed in its capacity as an independent
contractor.
IN
WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
COVERED
ENTITY: ______________________ SCHOOL DISTRICT NO. ___
By
Chairman
Board of Trustees
BUSINESS
ASSOCIATE: _______________________________________________
By
Its
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