Safety and Security Agreements Toolkit

2.4 Contract

A contract is a legally binding agreement between parties obligating one to provide goods or services for consideration or payment. It is utilized when professional resources or services are required from private suppliers. The contract specifies the what, when, where, and how of the goods or services to be delivered and the amount and terms of payment. It may also specify consequences for default or failure to perform according to the contract. A contract may provide for priority status for services. For example, when a building has suffered severe flood damage, the District will require the timely services of a company with specialized equipment to extract water and sanitize the facility to protect against fungi, mold, and viruses.

Emergency procurement procedures are addressed in Chapter 44 of the Texas Education Code. Emergency purchases exceeding the dollar amount triggering competitive procurement requirements shall be made in conformance with subsection (h) Section 44.031 Texas Education Code. Specifically,

“TEC Sec. 44.031(h) If school equipment or a part of a school facility or personal property is destroyed or severely damaged or, as a result of an unforeseen catastrophe or emergency, undergoes major operational or structural failure, and the board of trustees determines that the delay posed by the methods provided for in this section would prevent or substantially impair the conduct of classes or other essential school activities, then contracts for the replacement or repair of the equipment or the part of the school facility may be made by methods other than those required by this section.”

While provisions are made for extreme emergencies, guidance in the Financial Accountability Resources Guide, 3.2.5.7, provides that “care should be taken that emergency purchases do not result from improper planning rather than from a true emergency.”

The contract sample below illustrates a vendor contract. It contains many of the elements listed in Section 3.0 including points of contact, payments and termination.

Sample Contract (D)

Contract Template