BUS6.1 - Purchasing and Acquisition: Vendor Disclosures and Contracts
Section B - Business
Vendor / Contractor Relations
Objective:
The district is committed to maintaining positive and lawful relationships with vendors and contractors. All contractors, subcontractors, and vendors must comply with state and federal laws, particularly regarding fingerprinting requirements and employment verification.
Fingerprinting Requirements:
Any contractor, subcontractor, vendor, or their employees who provide services regularly at a district school must obtain a valid fingerprint clearance card in compliance with A.R.S. 41-1758 et seq. However, the Superintendent or a principal, with the Superintendent’s approval, may exempt a contractor or vendor from this requirement if it is determined that they are unlikely to have unsupervised contact with students. The exemption must be provided in writing and filed in the district office.
The Superintendent will develop district-wide criteria for determining whether or not an exemption is warranted.
Required Contract Provisions:
All district contracts will contain specific provisions to ensure compliance with federal and state laws. The Superintendent will also implement procedures to verify contractor and subcontractor records periodically.
Each district contract with a contractor must include the following warranties:
- Immigration Compliance: The contractor must warrant that they comply with all federal immigration laws and have verified the employment eligibility of each employee through the E-Verify program. A breach of this warranty is considered a material breach of contract, which could lead to contract termination.
- Right to Inspect: The contractor must acknowledge the district’s right to inspect the papers of any contractor or subcontractor employee working under the contract to ensure compliance with immigration and employment laws. The contractor must notify their employees of this requirement.
Legal References:
- Arizona Revised Statutes (A.R.S.) 15-512, 23-214, 41-1758 et seq., 41-4401
- Public Law 92-544
Vendor / Contractor Relations (Employment Records Verification)
Objective:
The district will ensure that vendors and contractors comply with employment verification requirements. A district-appointed contract liaison will conduct random inspections of contractor and subcontractor employment records to verify compliance with contractual obligations.
- Random Employment Records Inspections:
The district’s contract liaison will request contractor and subcontractor employment records without prior notice. The information required by I-9 forms will be reviewed to confirm each employee’s legal work status. The liaison will report the findings to the Superintendent.
Sales Calls and Demonstrations
Objective:
The district will regulate the activities of sales representatives to avoid disruptions to the educational process. Sales representatives are not permitted to meet with teachers or school staff without prior authorization from the Superintendent.
Legal References:
- Arizona Revised Statutes (A.R.S.) 15-341
Payment Procedures
Objective:
The district will ensure the prompt payment of bills and salaries, provided that due diligence is exercised in verifying that the amounts represent legitimate district obligations for services or materials received.
- Review and Payment of Invoices:
The Superintendent will implement procedures to review purchase invoices and ensure the following:- The services or materials invoiced align with the district’s budget.
- Goods or services have been received satisfactorily.
- Funds are available to cover the payment.
- Invoices are accurate and correspond to the contracted amounts.
Legal References:
- Arizona Revised Statutes (A.R.S.) 15-304, 15-321, 15-906