Manila, Utah
May 9, 2007
The regular meeting of the Daggett Board of Education was held in Room 6 of the district office building on May 9, 2007. President Asbill called meeting to order at 6:00 P.M. Also attending were members Steen, Olsen, Barber and Pallesen; Superintendent Northcott; Business Administrator Robinson; Principal Taylor and Vice Principal Schell; Tim Walker, Bette Dickison and Dot Coombs.
Mrs. Pallesen moved that the minutes of the April 11, 2007 meeting be approved as written, seconded by Mr. Olsen, motion carried.
Mrs. Steen moved to approve this monthÕs warrants and payroll in the amount of $241,950.27, and approve the financial statement, seconded by Mrs. Barber, motion carried.
Mrs. Barber moved to approve Policy #1620 – Administrative Personnel: Evaluation on the 3rd Reading, seconded by Mrs. Steen, motion carried.
Mr. Olsen moved to approve the policies in Article II – Business Management/Support Services as follows, seconded by Mrs. Steen, motion carried.
1st Reading:
Policy #2300 – Use of School Facilities: Employee Access;
Policy #2310 – Use of School Facilities: Employee Use of Equipment;
Policy #2330 – Legal Status of School Buildings;
3rd Reading:
Policy #2120 – Fund Raising by Schools;
Policy #2420 – Prison Work Crews on District Property;
Policy #2500 – Risk Management;
Policy #2600 – Pupil Transportation;
Policy #2610 – Transportation: Planning and Funding – Funding;
Policy #2620 – Transportation: Planning and Funding – Route Planning;
Policy #2625 – Transportation: Planning and Funding – School Site Selection;
Policy #2630 – Transportation: Personnel – Director of Transportation;
Policy #2640 – Transportation: Personnel – Operators and Mechanics;
Policy #2645 – Transportation: Personnel – Training;
Policy #2650 – Transportation: Equipment – Buses;
Policy #2655 – Transportation: Equipment – Inspection and Maintenance;
Policy #2660 – Transportation: Operations – Communications;
Policy #2662 – Transportation: Operations – Pupil Management;
Policy #2664 – Transportation: Operations – Unauthorized Persons on Buses;
Policy #2666 – Transportation: Operations – Emergencies;
Policy #2668 – Transportation: Operations – Rental of School Buses;
Policy #2670 – Transportation: Operations – District Vehicles;
2nd Reading:
2100
Purchasing
1. Bidding Requirements
1.1. Contracts Which Must Be Bid
1.1.1. All purchases and contracts to purchase any goods or services shall be competitively bid if the procurement is estimated to be $10,000.00 or more.
Utah Code Ann. ' 63-56-23
Utah Procurement Rules & Regulations ' 3-301
1.2. Chief Procurement Officer
1.2.1. The District shall designate the assigned purchasing director as its chief procurement officer.
Utah Procurement Rules & Regulations ' 2-101
1.3. Delegation of Authority
1.3.1. The chief procurement officer may delegate such authority as deemed appropriate to any employee. Such delegation of authority must be in writing.
Utah Procurement Rules & Regulations '' 2-101, 102
1.4. Authority of Procurement Officers
1.4.1. The chief procurement officer and designee may take any action of a procurement nature to advance the economic well-being and efficient operation of the District that is not in conflict with these policies and the Utah Procurement Regulations.
Utah Procurement Rules & Regulations ' 2-103
1.5. Competitive Bids
1.5.1. All competitive bids shall be initiated by an invitation to bid by submission of sealed bids to the Board or, if authorized by the Board, to the procurement officer or designee.
Utah Procurement Rules & Regulations ' 3-101
1.6. Invitation To Bid
1.6.1. The invitation to bid shall include:
1.6.1.1.Instructions and information to bidders concerning the bid submission requirements such as the time and closing date for submission of bids, the address of the office to which bids are to be delivered and any other special information;
1.6.1.2.The purchase description, evaluation factors, delivery and performance schedule, and inspection and acceptance requirements not included in the purchase description; and
1.6.1.3.The contract terms and conditions, including warranty and bonding or other security requirements, as applicable.
Utah Procurement Rules & Regulations ' 3-101
1.7. Acknowledgment or Receipt of Amendments
1.7.1. The invitation for bids shall require the acknowledgment of the receipt of all amendments.
Utah Procurement Rules & Regulations ' 3-101(4)
1.8. Bidding Time
1.8.1. The invitation to bid shall state the date set for opening of bids. The opening of bids shall be set at least 10 days after distribution of the invitation to bid unless a shorter time is deemed necessary for a particular procurement as determined in writing by the District's chief procurement officer.
Utah Procurement Rules & Regulations ' 3-102
1.9. Bidder Submissions
1.9.1. The invitation for bids shall include a form containing a space in which the bid price shall be inserted and which the bidder must sign and submit together with other necessary submissions.
Utah Procurement Rules & Regulations ' 3-103
1.10. Bid Security
1.10.1. The solicitation for bids shall require performance bonds as security for all construction contracts and may require additional security as determined by the District's chief procurement officer. Bid and performance bonds or other security may be required for supply contracts or service contracts as the procurement officer deems advisable to protect the interests of the District. Any requirements for security shall be set forth in the solicitation for bids. Bid or performance bonds shall not be a substitute for determination of bidder or offer or responsibility.
2. Purchasing Procedures
2.1. Procedures for Purchasing Various Cost Items
2.1.1. When it is necessary to receive bids by telephone, a record shall be made on the requisition and attached to a subsequent purchase order showing the following:
2.1.1.1.Name of the company invited to bid.
2.1.1.2.Name of the person making the quotation for the company.
2.1.1.3.Date of price inquiry.
2.1.1.4.Bid price of items requested.
2.2. Purchases of Less Than $1000
2.2.1. The Board may delegate to the principal of any school, the authority to make small supply item purchases for less than $1,000 without employing the competitive purchasing policy. Single items estimated to cost less than $100.00 that are not consumable, might be classified as a supply item. Non-consumable single items estimated to cost over $500.00 would be classified as equipment.
Utah Procurement Code 3-302 (January 2004)
2.3. Purchases Over $1,000 But Under $2,000
2.3.1. Requested items that cost more than $1,000 and less than $2,000.00 may be purchased, when necessary, after obtaining at least two (2) qualified fax quotations by the purchasing director or personnel authorized by the procurement officer.
Utah Procurement Code 3-302(1a)(January 2004)
2.4. Purchases Over $2,000 But Under $10,000
2.4.1. Purchases over $2,000.00 and less than $10,000.00 may be purchased after obtaining and documenting at least three (3) fax bid quotations. These documented quotations will be attached to the procurement officer's copy of the purchase order issued.
Utah Procurement Code 3-302(1b)(January 2004)
2.5. Purchases over $10,000.00 But Under $20,000.00
2.5.1. Purchases over $10,000.00 and less than $20,000.00 may be purchased after obtaining and documenting at least three (3) written bid quotations if possible. These documented quotations will be attached to the procurement officer's copy of the purchase order issued.
Utah Procurement Code 3-302(January 2004)
2.6. Purchases over $20,000 Exception for Food Service
2.6.1. Refer to District Policy Procurement Vendors # 3.
2.6.1.1.Exception to Food Services Purchases are purchases estimated to cost over $2,000.00 and less than $20,000. The Purchasing Department will maintain a current list of vendors who participate in bids furnished them for school lunch supplies.
2.6.1.2.When a purchase is contemplated between these limits, the Purchasing Department will contact the interested vendors and request a minimum of two (2) faxes or written bid quotations for the required items as requisitioned.
2.6.1.3.School food purchases are excluded from advertising within these limits because of the time factors of two (2) weeks for the vendor to reply, three (3) or four (4) days for a summary to be prepared before a decision could be made on the District level.
Utah Procurement Code 3-302(1c)(January 2004)
3. Procurement: Vendors
3.1. Procurement Responsibility
3.1.1. The following must be considered in evaluating a vendorÕs ability to fulfill District contractual requirements.
3.1.1.1.Governing Vendors
3.1.1.1.1.Adequate financial backing.
3.1.1.1.2.Adequate materials and/or inventory (or ability to access same).
3.1.1.1.3.Adequate facilities.
3.1.1.1.4.Adequate personnel.
3.1.1.1.5.Demonstrated expertise.
3.1.1.1.6.Demonstrated history of fulfilling contractual requirements and record of integrity.
3.1.1.1.7.Qualified legally to contract with the District.
3.1.2. A prospective vendor shall supply information requested by the Purchasing Department concerning the responsibility of such vendor. If such vendor fails to supply the requested information, the purchasing director shall base the determination of responsibility upon any available information or may find the prospective vendor non-responsible if such failure is unreasonable.
Utah Procurement Rules & Regulations ¤3-103(4)
3.2. Bid Price
3.2.1. Bid prices may not be dependent on a bid submitted by any other bidder.
Utah Procurement Rules & Regulations ¤3-103(5)
3.3. Public Notice
3.3.1. Notice of Invitation for Bids shall be mailed or otherwise furnished to a sufficient number of potential bidders to secure reasonable compensation. The notice shall indicate where, when, and for how long the Invitation for Bids may be obtained; describe the supply, service or construction for which bids are sought and other appropriate information.
Utah Procurement Rules & Regulations ¤3-103(5)
3.4. Procurement in Excess of $20,000
3.4.1. Every procurement in excess of $20,000 shall be publicized in a newspaper of general circulation, or local circulation, or in a government publication designed to give such notice.
Utah Procurement Rules & Regulations ¤3-104(2)(January 2004)
3.5. Bidder Lists
3.5.1. A list of qualified bidders may be maintained by the District but bids shall not be limited to those on the list and such lists may not be used for promotional, advertising or marketing purposes.
Utah Procurement Rules & Regulations ¤3-105
3.6. Amendment to Invitation for Bids
3.6.1. Invitations for Bids may be amended to correct defects, ambiguities or change quantity, delivery schedule, opening dates or other descriptions. Any such amendment shall be sent to all bidders and marked ÒAmendment to Invitation for BidsÓ
Utah Procurement Rules & Regulations ¤3-107
3.7. Receipt Opening and Recording of Bids
3.7.1. All bids shall be time stamped upon receipt but not opened until bid opening time. Bids and modifications shall be opened publicly in the presence of one or more witnesses at the time designated for opening of bids. The names of the bidders, bid price and other appropriate information shall be read aloud or otherwise made available. The opened bids shall be available to public inspection except to the extent the bidder clearly marks and designates trade secrets or proprietary data as Òconfidential.Ó
Utah Procurement Rules & Regulations ¤3-110
3.8. Mistake in Bid
3.8.1. Bid mistakes attributable to errors in judgment cannot be corrected. Typographical, arithmetic or scrivenerÕs errors may be corrected. Mistakes not attributable to judgment may be corrected at the discretion of the DistrictÕs procurement officer. However, a bidder may correct any mistake discovered before bid opening by withdrawing the bid or correcting it by written or telegraphic notice provided such notice is received by the District prior to bid opening.
Utah Procurement Rules & Regulations ¤3-111
3.9. Bid Evaluation and Award
3.9.1. The Board shall have the right to reject any and all bids. Contracts should be awarded to the lowest responsible bidder whose criteria has been set forth in Invitation for Bids. However, the Board may reject any or all bids, in whole or in part, when the Board determines by a majority vote that it is in the best interest of the District to do so.
Utah Procurement Rules & Regulations ¤3-112
3.10. Responsible Bidder
3.10.1. A Òresponsible bidderÓ is any person or entity who has submitted a bid which conforms in all material respects to the Invitation of Bids.
Utah Code Ann. ¤63-56-5(2)
3.11. Determination of Lowest Bidder
3.11.1. All evaluation criteria of bids shall be stated in the Invitation for Bids. The Invitation for bids shall state the criteria of product acceptability and cost criteria such as, but not limited to, transportation costs, insurance costs, energy cost, personnel cost, ownership, life-cycle etc.
Utah Procurement Rules & Regulations ¤3-112(4)
3.12. Small Purchases
3.12.1. See District Policy Purchasing: Procedures # 2
3.13. Sole Source Purchases
3.13.1. If a requirement is obviously reasonably available only from a single supplier, the DistrictÕs procurement officer may elect to solicit no less than two potential bidders to so submit telephone bids or written quotations. The bid shall be awarded to the lower acceptable quotation.
Utah Procurement Rules & Regulations ¤3-402
3.14. Emergency Purchases or Unsolicited Bids
3.14.1. If the DistrictÕs procurement officer determines that an emergency condition exists which creates a serious need to procure any item or service, then the procurement officer may negotiate such procurement without competitive bids.
3.15. Tie Bids
3.15.1. If the district receives two or more bids from responsible bidders that are identical, in nature and amount, it shall select only one bidder from the identical bids.
3.15.2. If only one of the bidders submitting identical bids is a resident of the District, that bidder shall be selected. If two or more bidders are residents of the district, the bidder closest to the District offices or place of delivery shall be accepted.
Utah Procurement Rules & Regulations ¤3-113
3.16. Award of Bid (Any Amount)
3.16.1. The Board shall not award a contract for general construction, improvements, services, or public works projects or purchase of supplies, materials, or equipment to a bidder whose principal place of business is not in this state, unless the nonresidentÕs bid is lower than the residentÕs lowest bid.
3.17. Determination of Nonresponsibility
3.17.1. If a bidder who would have been awarded a contract is determined by the DistrictÕs procurement officer not to be in compliance with the bid requirements set fourth in the Invitation for Bids, the determination and grounds therefore shall be set forth in writing by the procurement officer and made a part of the bid file.
Utah Procurement Rules & Regulations ¤3-603
3.18. Professional Services
3.18.1. Competitive bids are not required for the professional services of fiscal agents or attorneys.
Utah Admin. R. 24-3-2(3)
4. Procurement Conflicts
4.1. Procurement Officer Conflicts
4.1.1. Any person acting as a procurement officer for the State of Utah or any subdivision thereof, or who in any official capacity participates in the procurement of any supplies, services, construction, real property, or insurance for any such political unit is guilty of a felony if the person asks, receives, or offers to receive any emolument, gratuity, contribution, loan, or reward, or any promise thereof, either for the personÕs own use or the use or benefit of any other person or organization from any person interested in the sale of such supplies, services, construction, real property, or insurance.
4.2. Board Member Conflict
4.2.1. Any Board member having an interest in any bid shall not participate in any vote in connection with such bids.
4.3. Employee Conflicts
4.3.1. Employees of the District shall not secure for their private use any supplies, equipment, services or real property through District purchasing facilities or warehouse.
5. Procurement: Construction
5.1. Remodeling
5.1.1. Procurement of New Construction Projects (Remodel Existing Building)
5.1.2. Procurements in this category will parallel the aforementioned bidding procedures. Please see authority guidelines as aforementioned.
5.2. New Construction
5.2.1. Procurement of New Construction (New Buildings)
5.2.2. Policies for the Procurement of Construction Loans found in the Utah Procurement Code are explicit in their instructions for safeguarding public funds and ensuring competition in the procurement and construction of school buildings. Because of the detail in the code itself, the Board herein summarizes the laws to serve as Board policy and adds only a few policies of its own. In addition to the Utah Procurement Code, see also Section 53A-20-101 and following, and Section 53A-22-101 and following.
5.3. Architect and Engineer
5.3.1. Procurement of the services of an architect and/or engineer shall be made by a duly appointed Selection Committee pursuant to the provisions of Utah Code Ann. ¤ 63-56-42-44, except when an architect or engineer is employed by the District as an employee. If the architect or engineer is employed by the District, competitive bids need not be taken.
5.3.2. A licensed architect shall prepare the plans and specifications for the construction or alteration of school buildings.
Utah Code Ann. ¤ 53A-20-105
5.3.2.1.Architects and engineers shall be encouraged to submit a statement of qualifications and performance data to the Selection Committee. Such data shall be maintained in a file for ready reference.
5.3.2.2.The Selection Committee screens potential candidates for architectural appointments. Consideration is given to past performance of current architects. Qualifications of new applicants are reviewed.
5.3.2.3.Periodically the Utah State Board of Education may choose to interview these architects screened by the District.
6. Construction: Bidding
6.1. Construction Bid Bonds
6.1.1. A bid bond in an amount equal to at least 5% of the amount of the bid shall be required for all competitive sealed bidding for construction contracts. The bond shall be provided by a surety company authorized to do business in the State of Utah. This bond may also be in the form of a cashierÕs check or money order.
Utah Code Ann. ¤ 53A-20-101
6.2. Failure to Provide Bid Security
6.2.1. When a bidder fails to comply with the requirement for bid security set forth in the Invitation for Bids, the bid shall be rejected unless it is determined that the failure to comply with the security set forth in the Invitation for Bid is nonsubstantial.
6.2.2. After bids are opened, they shall be irrevocable for the period specified in the Invitation for Bids. The bidder may be permitted to withdraw a bid before award and no action shall be taken against the bidder or the bid security.
6.2.3. The 5% bid bond required by law shall be drawn in favor of the board of education, and the check or bond of the accepted bidder shall be forfeited if the selected bidder fails or refuses to enter into the contract.
Utah Code Ann. ¤ 53A-20-101(4)
6.3. Form of Bid Bonds, Payment Bonds, and Performance Bonds
6.3.1. When a construction contract is awarded, the following bonds or security shall be delivered to the District Office and shall become binding on the parties upon the execution of the contract.
6.3.1.1.A performance bond satisfactory to the District in an amount equal to 100% of the price specified in the contract executed by a surety company authorized to do business in the State of Utah or a cashierÕs check equal to 100% of the amount of the contract.
6.3.1.2.A payment bond satisfactory to the District in an amount equal to 100% of the price specified in the contract executed by a surety company authorized to do business in the State of Utah which provides protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for the contract will be required for all contracts $30,000 and over.
6.3.1.3.Proof of insurances. See State Building Construction and Resource Manuel 6-5 and 6-6.
6.3.1.4.Performance bonds and payment bonds may not be necessary for contracts under $30,000 unless required by the District.
6.3.2. Any person who has furnished labor or material to the contractor or subcontractor for the work provided in the contract in respect of which a payment bond is furnished who has not been paid in full within ninety days from the date on which the last of the labor was performed or material was supplied by the person for whom the claim is made, shall have the right to sue on the payment bond for any amount unpaid at the time the suit is instituted and to prosecute the action according to State Law.
Utah Code Ann. ¤ 63-56-39
6.3.3. Requests for information regarding the security bonds must be in writing.
6.3.4. The bonds shall be originals or certified copies which can be obtained from a surety company authorized to do business in the State of Utah. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original.
6.4. Provisions for Advertising and Awarding Construction Contracts
6.4.1. The Policy on all building construction projects exceeding $20,000 is as follows:
6.4.2. For public work, the law requires that bids be advertised twice during ten working days. This is usually done in local newspapers or other publications as determined by school district purchasing agents. It is generally advantageous to the owner to advertise in a bid service such as the Intermountain contractor, or other bid service publications. The architect should also prepare the bid form for the owner. The form should be concise and filled in completely by the bidder.
Utah Code Ann. ¤ 53A-20-101
6.5. Bid Opening
6.5.1. At the time and place specified in said notice, the Board shall meet and publicly open and read all proposals received and if satisfactory, shall award the contract to the lowest responsible bidder. In case none of the proposals are satisfactory, all shall be rejected, and said Board shall advertise anew in the same manner as before.
6.6. Withholding Final Payment
6.6.1. The Board may require in the contract to be executed that at least 5% of the contract price be withheld until the building project is completed and accepted by the Board. The money withheld shall be placed in escrow and the interest accrued shall be for the benefit of the contractor and sub-contractors and shall be paid after the project is accepted by the Board.
6.7. No Satisfactory Bid Received
6.7.1. If after twice advertising as provided herein, no satisfactory bid is received, the Board may proceed under its own direction to erect the building required, or in the case of a building not exceeding $5,000 in cost, if no satisfactory bid is received after the first notice, the Board may proceed with construction as it may determine; provided, that no member of the board of education shall be financially interested in any contract directly or indirectly, for the erection or alteration of a school building.
Utah Code Ann. ¤ 53A-20-101(2)
6.8. Competitive Sealed Proposals
6.8.1. When school building construction projects do not exceed $20,000 in estimated cost, a contract may be entered into by using competitive sealed proposals.
Utah Code Ann. ¤ 53A-20-101
6.9. Non-Responsibility of Bidder or Offeror
6.9.1. A written determination of non-responsibility of bidder or offeror shall be made in accordance with Utah Code Ann. 63-56-26. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to the bidder or offeror. Such information furnished by a bidder or offeror shall not be disclosed outside of the purchasing division or the purchasing agency without prior written consent by the bidder or offeror.
Utah Code Ann. ¤ 63-56-26
6.10. Invitation for Bids
6.10.1. The Invitation for Bids is used to initiate a competitive environment. The Invitation for Bid includes the following:
6.10.1.1. Instructions and information to bidders concerning the bid submission requirements, including the time and closing date for submission of bids;
6.10.1.2. The address of the office to which bids are to be delivered; and