Kingsburg Elementary Charter | BP 3312 Business and Noninstructional Operations
The Governing Board recognizes its responsibility to enter into contracts on behalf of the district for the acquisition of equipment, supplies, services, and other resources necessary for the achievement of district goals. In exercising this authority to enter into a contract, the Board shall ensure that the district's interest is protected and that the terms of the contract conform to applicable legal standards, including the bidding requirements in Public Contract Code 20111.
(cf. 2121- Superintendent's Contract)
(cf. 4312.1 - Contracts)
(cf. 9124 - Attorney)
The Board delegates to the Superintendent, or his/her designee, the authority to enter into contracts on behalf of the district. To be valid or to constitute an enforceable obligation against the district, all such contracts must be approved and/or ratified by the Board.
(cf. 3300 - Expenditures and Purchases)
(cf. 3314 - Payment for Goods and Services)
When required by law, contracts and subcontracts made by the district for public works or for goods or services shall contain a nondiscrimination clause prohibiting discrimination by contractors or subcontractors. The nondiscrimination clause shall contain a provision requiring contractors and subcontractors to give written notice of their obligations to labor organizations with which they have a collective bargaining or other agreement. (Government Code 12990)
(cf. 0410 - Nondiscrimination in District Programs and Activities)
Change orders totaling five percent (5%) or more of the original project budget will be submitted to the Governing Board for approval prior to work commencing.
The district shall not enter into a contract that prohibits a school employee from disparaging the goods or services of the contracting party. (Education Code 35182.5)
Contracts for Non-Nutritious Foods or Beverages
Effective July 1, 2007, the district or a district school shall not enter into or renew a contract for the sale of foods that do not meet the nutritional standards specified in Education Code 49431 or 49431.2 unless the contract specifies that such sales will occur later than one-half hour after the end of the school day and/or off school premises. (Education Code 49431, 49431.2)
(cf. 3554 - Other Food Sales)
In accordance with the dates specified in law, the district or a district school shall not enter into or renew a contract for the sale of beverages that do not meet the nutritional standards in
Education Code 49431.5 unless the contract specifies that such sales will occur later than one-half hour after the end of the school day and/or off school premises.
Before the district or a district school enters into or renews a contract that grants exclusive or nonexclusive advertising or sale of carbonated beverages, non-nutritious beverages, or non-nutritious food as defined in law, the Board shall ensure that the district has sufficient internal controls in place to protect the integrity of public funds and to ensure that funds raised as a result of the contract benefit public education. (Education Code 35182.5)
The Superintendent or designee shall develop the district's internal control procedures to protect the integrity of public funds. Such internal controls may include but not be limited to the following:
1. Control procedures that produce accurate and reliable financial statements and, at the same time, safeguard the assets, financial resources, and integrity of every employee responsible for handling money or property. Control systems shall be systematically evaluated and revised to keep pace with the changing responsibilities of management.
(cf. 3100 - Budget)
(cf. 3400 - Management of District Assets/Accounts)
(cf. 3460 - Financial Reports and Accountability)
2. Procedures to ensure that district personnel do not handle cash or product at the school site. The contract shall specify that the vendor stock the machines and shall provide cash accounting, along with a check, for district proceeds directly to the control office.
In addition, the contract may specify whether contractor logos are permitted on district facilities, including but not limited to scoreboards and other equipment. If such logos are permitted, the contractor shall present the equipment to the Board as a gift. The gift may be accepted by the Board in accordance with Board policy and administrative regulation.
(cf. 3290 - Gifts, Grants and Bequest)
(cf. 3311 - Bids)
The Board shall not enter into or renew a contract that grants exclusive or nonexclusive advertising or sale of carbonated beverages, non-nutritious beverages, or non-nutritious food until parents/guardians, students, and members of the public have had an opportunity to comment on the contract at a public hearing held during a regularly scheduled Board meeting or as otherwise authorized by Education Code 35182.5. The Board shall clearly, and in a manner recognizable to the general public, identify in the agenda the contract to be discussed at the meeting. (Education Code 35182.5)
(cf. 9322 - Agendas/Meeting Materials)
(cf. 9323 - Meeting Conduct)
The public hearing shall include but not be limited to a discussion of the nutritional value of food and beverages sold within the district; the availability of fresh fruit, vegetables, and grains in school meals and snacks, including locally grown and organic produce; the amount of fat, sugar, and additives in the food and beverages discussed; and barriers to student participation in school breakfast and lunch programs. (Education Code 35182.5)
(cf. 5030 - Student Wellness)
The contract shall be accessible to the public and may not include a confidentiality clause that would prevent the district or a district school from making any part of the contract public. (Education Code 35182.5)
(cf. 1340 - Access to District Records)
Contracts for Electronic Products or Services
The Board shall not enter into a contract for electronic products or services that requires the dissemination of advertising to students, unless the Board: (Education Code 35182.5)
1. Enters into the contract at a noticed, public hearing of the Board.
(cf. 9320 - Meetings and Notices)
2. Makes a finding that the electronic product or service is or would be an integral component of the education of students.
(cf. 0440 - District Technology Plan)
3. Makes a finding that the district cannot afford to provide the electronic product or service unless it contracts to permit dissemination of advertising to students.
(cf. 1325 - Advertising and Promotion)
4. As part of the district's normal, ongoing communication to parents/guardians, provides written notice that the advertising will be used in the classroom or other learning center.
5. Offers parents/guardians the opportunity to request in writing that their child not be exposed to the program that contains the advertising. Any request shall be honored for the school year in which it is submitted, or longer if specified, but may be withdrawn by the parents/guardians at any time.
Contracts for Digital Storage and Maintenance of Student Records
Pursuant to California Education Code 49073.1, the California Education Code requires school districts that enter into contracts with third parties to provide services for the digital storage, management, and retrieval of pupil records or to provide digital educational software to include certain contractual terms in those contracts. Any such contracts entered into after January 1, 2015 must include the terms specified by the Education Code, as outlined in Administration Regulation No. 3312 Contracts.
200-262.4 Prohibition of discrimination on the basis of sex
14505 Provisions required in contracts for audits
35182.5 Contract prohibitions
45103.5 Contracts for management consulting service related to food service
49073.1¬† Provisions required in contracts for digital services and educational software
49431-49431.5 Nutritional standards
CODE OF CIVIL PROCEDURE
685.010 Rate of interest
12990 Nondiscrimination and compliance employment programs
53260 Contract provision re maximum cash settlement
53262 Ratification of contracts with administrative officers
1775 Penalties for violations
1810-1813 Working hours
PUBLIC CONTRACT CODE
4100-4114 Subletting and subcontracting fair practices
7104 Contracts for excavations; discovery of hazardous waste
7106 Noncollusion affidavit
20111 Contracts over $50,000; contracts for construction; award to lowest responsible bidder
20104.50 Construction Progress Payments
22300 Performance retentions
UNITED STATES CODE, TITLE 20
1681-1688 Title IX, discrimination
Student Wellness: A Healthy Food and Physical Activity Policy Resource Guide, rev. 2005
California Association of School Business Officials: http://www.casbo.org
Policy KINGSBURG ELEMENTARY CHARTER SCHOOL DISTRICT
adopted: February 21, 2012 Kingsburg, California
revised: November 16, 2015