2-ATT C - LimitationsProhibitions.pdf

ATTACHMENT C

LIMITATIONS AND PROHIBITIONS

The statements in this attachment require acknowledgment and acceptance from each vendor applying to be placed on the SLCSD Approved Vendor List for fundraisers. Vendors indicate their understanding and acceptance by checking the block next to each statement.

The following policy items/assurances must be agreed to by vendors submitting an SOQ. Failure to agree to these policy items/assurances will result in the rejection of your SOQ. Violations after approval may result in the vendor being removed from the Approved Vendor List.

[ ] 1. Vendor meets the requirements of the Charitable Solicitations Act (see Utah Code 13-22).

[ ] 2. Vendor agrees to maintain confidentiality and secure all personally identifiable student information solely for the purpose of completing transactions associated with the fundraiser and to provide fundraiser accountability. This information shall not be sold, shared, or used for any other purpose (e.g. compilation of mailing lists, contact lists, marketing contacts, etc.), and must be destroyed after its intended use.

[ ] 3. Vendor agrees to comply with Attachment E, Data Sharing Agreement and to maintain the confidentiality and security of all personal information of individuals solicited by SLCSD students during fundraising activities. This information shall receive the same protections as outlined in the preceding section unless alternate use is expressly authorized by the individuals.

[ ] 4. The fundraising activities will not involve communication, advertising and/or depictions of tobacco or alcoholic products, or any other material or product that may not legally be used by school-age children or that is not in compliance with the state, SLCSD or school rules. Activities must not:

• Be harmful to the health and welfare of students;

• Exploit or create undue intrusion into the classroom or home;

• Detract from or interfere with student learning;

• Conflict with the educational mission of SLCSD; or

• Commercialize or damage the image of SLCSD or its schools.

[ ] 5. Any vendor, individual, or entity applying for approval to become a fundraising partner (Partner

Organization) with SLCSD or its schools to engage in fundraising or revenue generating activities must provide to the district with all terms and conditions - regardless of form - that may bind or control SLCSD or its employees, officers, or agents.

Failure to submit these documents for review will result in:

• Disapproval of the SOQ;

• Immediate revocation of any prior approval; and/or

• Denial of future approval.

In the event of a conflict between SLCSD terms and conditions and those of the Partner

Organization, the District’s terms and conditions will take precedence. Any provision that attempts to limit the liability of the Partner Organization or restrict the rights of SLCSD must be in writing and specifically approved by SLCSD.

[ ] 6. This document, along with all information submitted by the vendor for approval and the approval notice from SCLSD, will constitute the contract between SLCSD and the Partner Organization, as required in Utah Code 13-22-17.

[ ] 7. The term of any resulting contract with each school will not exceed one (1) year, with all contracts expiring on June 30th of the following year.

[ ] 8. No additional documents may be added to or considered part of the contract unless approved by

SLCSD. If SLCSD determines that unapproved documents were introduced to schools, the contract may be canceled without notice to the Partner Organization.

[ ] 9. The scope of the contract allows the Partner Organization to offer fundraising services to all schools within SLCSD. The contract does not include parent - teacher associations or other entities that are separate from SLCSD.

[ ] 10. The submission of your SOQ constitutes your digital signature, confirming that the information provided is accurate and legally binding. The return approval email from SLCSD will serve as SLCSD’s digital signature, finalizing the contract.

[ ] 11. Students shall not be required to solicit door-to-door for school-sponsored student fundraisers.

[ ] 12. Student fundraising shall not impose sales quotas on students, nor shall schools enter into contracts requiring the sale of specific quantities of items or service units. Students shall not be required to pay for any unsold items that are returned to the school.

[ ] 13. Elementary school administrators shall not approve school-sponsored fundraising activities that require pre-purchasing product inventory or service units for resale. Secondary schools shall exercise caution with regard to the same.

[ ] 14. Rewards or prizes shall not be offered to students, teams, clubs, classes, or programs in connection with a student fundraising activity unless specifically approved by the school administrator.

[ ] 15. School-sponsored student fundraisers shall not require students to submit the personal information of other individuals. Additionally, students’ personal information shall not be used to create mailing or contact lists for any commercial or fundraising organization.

[ ] 16. Lotteries, raffles, or drawings where nothing of value is provided in exchange for the cost of entry are illegal in Utah and are not permitted as part of any student fundraising activity.

[ ] 17. Schools shall not sponsor or co-sponsor fundraising events that intentionally or unintentionally provide an unfair advantage to any outside entity or otherwise circumvent SLCSD policies or state laws regarding facility rentals, donations, booster clubs, access to students, etc.

(For example, no individual or entity shall profit commercially by promising a donation or a portion of event proceeds to a team, club, class, or program in exchange for free or reduced facility use, work performed by students or SLCSD personnel, or any other advantage gained through the use of public facilities.)

For clarifying information, see SLCSD Board Polices

• C-4: Community Use of Facilities

• C-6: Community Donations, Contributions, and Gifts,

• I-17: Student Fundraising Activities.