Contract Creation

Contract creation is a multistep process and requires a good amount of data. You should collect all necessary information before beginning to expedite the data entry process. Materials include, but are not limited to, those items listed below:

• Certificate of Insurance
• Board Action Item
• Budget
• Statement of Work
• Grant Quote Form (if applicable)
• Grant Agreement
• Background Checks
• RFP/RFQ and all addenda, Best and Final Offers and Proposal (if applicable, reach out to Procurement to get the final PDF documents)

Process

When creating a Contract, there are a number of steps that you must take to ensure that data is entered into the system fully and completely. Failing to do so will result in your contract being rejected and you will need to start the process over again.

Plan ahead if a contract need is identified, reaching out to your OGC Attorney for support in drafting the Action Item well in advance of your timeline for submission of the Action Item.

1. All contracts must be reviewed by your OGC attorney prior to hitting “Submit” to ensure that all necessary contract components are completed, required documents have been attached, and all information is correct. You are responsible for ensuring that the Supplier information is correct and complete.
2. Once the contract is approved by all approvers, your attorney will send the contract for signature.
3. When it is fully signed, you will receive an email from OGC that your contract is in an Active Status, and you will be able to return to the Fulfillment tab to begin purchasing.

Resources & Guides

• ERP Help Webpage – step by step guidance on entering contracts
• ERP Contracts Quick Reference Guide.
• Administrator/Attorney Assignments

Forms and Standard Terms

• Grant Quotation Form – School District
• Grant Quotation Form – IU
• LCA – Standard Terms and Conditions –use with the Limited Contract Form
• LCA Information Sheet (OGC-2) – complete and submit as part of Limited Contract
• Agreement for Services – Standard Terms and Conditions– use with Agreement for Services
• Memorandum of Understanding – Standard Terms and Conditions– use with the Memorandum of Understanding
• Addendum to vendor forms – School Student Funds Contracts – Use this form to contract for things like proms, class trips or events, yearbooks, class rings or photography expenditures, that is, from the school’s student funds account(s).
• OGC Office Manual – This is an internal office policy manual.

Grant-Funded Federal Contracts – Contractor Requirements and PDE Terms

Contractor Requirements for Pennsylvania Department of Education Grant-Funded Contracts:

• Agreements for Services
• Limited Contracts
• Purchase Orders

The Office of Real Property Management manages the acquisition, disposition and leasing of facilities for the School District of Philadelphia. The Office of General Counsel assists the Office of Real Property Management in negotiating and preparing the required legal documents for the acquisition, disposition and leasing of facilities. Questions regarding Real Property matters should be directed to the following:

• Leases and License Agreements related to non-charter schools – Laurie Reilly, Esq. (215) 400-6352
• Leases and License Agreement related to charter schools – Elizabeth Gutman, Esq. (215) 400-5154

For contracts in which the School District spends up to $20,000.00, generally, you will not need to prepare a Board of Education Action Item to approve the contract (except if you must ratify a contract, that is, ask the Board of Education to approve it after work begins). The Limited Contract Review Committee has the job of approving proposed contracts expending up to $20,000.00 (the Committee has no authority from the Board of Education to ratify a contract, however). The Committee reviews Limited Contracts weekly. In order to have a proposed limited contract approved, you must have OGC’s permission to submit the contract to the Oracle workflow. You must submit a completed OGC-2 form, an insurance certificate (ACORD form), and all required background checks, as well as any approvals required to spend grant funds.

In order to prepare a contract over $20,000.00, you must first prepare an Action Item for Board of Education consideration. After you enter the Action Item for Board of Education approval, you should immediately reach out to the Office of General Counsel to prepare the Agreement for Services (or if applicable, a Standard Amendment Agreement) which includes the Agreement for Services, the action item, the Statement (the description) of the Work, the Budget, and any other required documents.

Grant-Funded Contracts and Subaward Agreements

Grant-funded contracts and subawards must comply with the applicable grant requirements and state and federal regulations, in addition to the School District’s Board authorization and procurement policies. Please refer to the Office of Grant Compliance and Fiscal Services Policies and Procedures for more information about grant-funded contracts, including GP0600: Subgrantee Identification and Monitoring and GP1700: Contracted Services for Grant Funded Programs.

In order to accept outside programs or services at no cost to a school or the School District, please complete a Memorandum of Understanding. While the Office of General Counsel recommends that clients obtain Action Items approved by the Board of Education whenever feasible, and we may direct you to do so in a specific case. We customarily do not require separate Action Items to accept programs and services at no cost to the School District that are valued up to $100,000.00. See Policy 702. A Memorandum of Understanding has three (3) parts: (a) the Memorandum of Understanding, (b) a Statement of Work attached as Exhibit “A” that describes the Provider’s Work, program or services, and (c) the Memorandum of Understanding Standard Terms and Conditions attached as Exhibit “B”.

Contract to spend such funds, contract for things like proms, class trips or events, yearbooks, class rings, or photography expenditures, from the school’s student funds account(s).

1. Take the form of agreement provided by the vendor, verify that the terms of the deal (price, date, description of the work or services) are acceptable to you,
2. Complete the Addendum for Student Funds Contracts
3. Have the vendor and the principal of the school sign “Vendor’s Form of Agreement” AND “Addendum for Student Funds Contracts”

Note:

• For proms and other events, please read the vendor’s agreement carefully. These agreements typically provide for the forfeiture of the fee to the vendor if the school cancels the event before its scheduled date. Schools need to be aware of these clauses and plan accordingly.
• The District pays for graduations with school funds, not student funds.
• To spend student funds, please refer to Policy 618. You do not need a Board of Education resolution (24 P.S. Sec. 5-511(d)).

Assistance with Graduation Contracts: Contracting@philasd.org

Use this form to

Whom do I call to draft a Limited Contract? Jason Imler at (215) 400-5411

Can my office use a Limited Contract for services that have already been performed?
No. The limited contract process may be used only for services that are to be performed in the future. If the services have already started or are completed, you must use the resolution process to obtain authorization after the fact for the contract.

Can a Limited Contract be used to purchase services across fiscal years?
Ordinarily, no. If the contract is funded by a grant and the granting funding extends over the end of one fiscal year into the next, a Limited Contract may be used.

Can a Limited Contract be used to purchase supplies?
No. Limited contracts are to be used only for the purchase of services or in connection with a site rental. If the purchase of services includes the purchase of supplies, a limited contract may be used if the value of the supplies is small compared to the value of the services.

Is a Limited Contract vendor required to demonstrate that is has liability and other insurance?
Yes. The insurance requirements are set forth in the Standard Terms and Conditions part of the Limited Contract. The Office of Risk Management will review each vendor’s proof of insurance and may in certain circumstances require the vendor to show proof of insurance coverage(s) beyond the requirements set forth in the standard terms.

Does the School District of Philadelphia have published policies and procedures for the purchase of supplies, materials, equipment or services?
Yes. You can find these published policies and procedures on the Office of Procurement Services website.

The Political Subdivision Tort Claims Act (42 Pa.C.S. Section 8501, et seq.) governs claims against all Pennsylvania municipal entities, including the School District.

The Tort Claims Act grants immunity to the School District except in certain types of matters. Only certain types of claims, such as some motor vehicle accidents and certain types of accidents on school property, may be actionable against the School District under the Act.

The Act also limits the amount and types of damages that may be recovered.

Claims must be submitted using the online form. Submit a Claim

If you need assistance completing the form or are unable to access it online, please contact Elizabeth Otero, Legal Secretary at 215-400-5256.

The time it takes to process a claim depends on a host of different factors.  Generally, within one week you will receive a communication acknowledging your claim and providing instructions about what we will need to begin our investigation.

After we receive your documents, the Office of General Counsel will evaluate your claim and either deny your claim or, in certain instances, make an offer to settle the matter. This may take several months, your patience is appreciated.

If you accept the School District’s offer (if made), you will receive a General Release, which you will need to have notarized and then returned to generalcounsel-claims@philasd.org. Upon receipt of the General Release from you, a check will be issued for the amount agreed upon. It can take several weeks for the School District’s Office of Accounting to process your check.

The School District’s Office of Accounting requires a signed, completed W-9 form in order to issue checks.

Email your claims documents as attachments to generalcounsel-claims@philasd.org. If you prefer to mail your documents, please use the following address:

School District of Philadelphia
Office of General Counsel
Attn: Claims
440 N. Broad Street, Suite 313
Philadelphia, PA 19130

You may also fax information to: 215-400-4121.

No. The School District, like the City of Philadelphia, is self-insured.

Yes. The principal or his/her designee must inform the student who is going to be suspended of the alleged violation as well as give the student a chance to respond. After that conference with the student, the principal or designee must then send the parent the notice of the suspension, including the length of the suspension and the day that the student can return to school.

Yes. Pennsylvania law provides for this as long as the activities are classified as extra-curricular.

A due process hearing is an administrative legal proceeding before a neutral state-appointed hearing officer. This type of hearing can be requested by a parent or the District to resolve a dispute about a student’s eligibility or identification under IDEA, the educational placement of a student or the provision of free appropriate public education to a student.

A Service Agreement is also called a “Section 504 Service Agreement.” These agreements come from Section 504 of the Rehabilitation Act of 1973, which requires the District to provide “reasonable accommodations” to students who demonstrate that they have a disability that significantly impacts school performance. This agreement is not the same as an IEP under IDEA.

A written request to the School District under the RTKL must be addressed to the School District Open Records Officer (“ORO”):

Open Records Officer
The School District of Philadelphia
Office of General Counsel
440 N. Broad Street, Suite 313
Philadelphia, PA 19130

Telephone: (215) 400-4120
Facsimile: (215) 400-4121
Email: openrecordsofficer@philasd.org

If you address your request to anyone other than the School District’s ORO, your request may not be processed as a RTKL request or there may be a delay in processing your request until such time as it is received by the ORO.

Not every request for records requires the use of a form. The Pennsylvania Office of Open Records’ standard request form is available at their website.

The regular business hours of the RTKL Office are 8:00 a.m. to 4:00 p.m., Monday through Friday. Any RTKL request received by the ORO after the close of regular business hours or on a day the School District administrative offices are closed or partially closed shall be deemed to have been received by that officer on the following business day.

Requests for records must be sufficiently specific to enable the School District to ascertain which records are being requested. The Commonwealth Court has determined that in order for a request to be considered “sufficiently specific” it must:
A. Identify the transaction or activity of the School District for the record(s) being sought;
B. Identify a discrete group of documents by type (email, manual, contract, invoice, etc.) and, if applicable, recipient, and;
C. Identify a finite time period for which records are sought.

A RTKL request may be denied if it does not identify the records requested with sufficient specificity. The ORO may contact the Requester to obtain clarification or additional information to aid the ORO in responding to the request; however, the ORO is not required to do so.

RTKL requests received by the School District are considered a “public record,” and such requests may be made available for public access upon request. Do not provide social security numbers, student identification numbers or other nonpublic information on your request.

If the Requester writes to the School District within 30 days of the date on the School District’s response that the Requester is unable or unwilling to access the information electronically, the School District will provide the records in paper format, upon payment for the same.

No. An agency is not required to convert a paper document into an electronic document. The School District will provide a public record to a Requester in the medium requested if the record exists in that medium (electronic or hard copy). Otherwise, the record will be provided in the medium in which it exists unless the School District exercises its discretion to convert the document. If a public record only exists in one medium, the School District is not required to convert that public record to another medium, except that if the public record is only available in an electronic form, the School District must convert the record to paper if the Requester so requests.

No. The School District is not required to create a public record that does not already exist at the time of the Request, nor is it required to compile, maintain, format, or organize a public record in a manner in which the School District does not currently do so.

Paper copies: The fee for duplication of records is determined by the Office of Open Records. The fee schedule is posted on the Office of Open Records’ website. Unless otherwise directed by statute or the OOR’s fee schedule, the School District will charge $.25 per page for paper duplication of a standard 8 1/2” x 11” document or when electronic copies require redaction. The School District may waive duplication fees at its discretion. The School District does not charge for electronic copies of documents that do not require redaction. However, if the request is voluminous and access cannot be provided via email the School District will charge the actual cost of the compact disc or flashdrive used to provide the information.

If the estimated fees that are required to fulfill the RTKL request exceed $100, upon request from an agency a Requester must pay the estimated amount in advance. The request for prepayment will specify a reasonable period of time in which the Requester must make such prepayment. Failure to make the estimated payment by the date required by the School District in its interim response will result in the request being deemed withdrawn and no records will be duplicated or produced.

In its final response, the School District has the discretion to produce the records and invoice for the amount due or to require payment prior to actual provision of the records. If the School District requires payment prior to providing the copies, the School District’s final response will specify a reasonable period of time in which the Requester must pay the duplication fee. Failure to make the required payment by the date specified by the School District in its final response will result in the request being deemed withdrawn and no records will be duplicated or produced.

The RTKL provides that all applicable fees must be paid in order to receive access to the record requested. Any Requester who has unpaid amounts outstanding to the School District, in relation to a RTKL request where access to the record was granted by the School District and the record was duplicated, will not be granted access to records sought in future RTKL requests until such prior amounts due have been paid in full.

When a request is denied or deemed denied, whether in whole or in part, the Requester may file an appeal with the Office of Open Records (OOR). An appeal form is available on the OOR’s website.