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San Carlos ESD |  BP  3312  Business and Noninstructional Operations

Contracts   

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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.

Pursuant to its authority, the Board authorizes the Superintendent or designee to enter into budgeted contracts subject to Board ratification, for amounts up to $30,000. The Board also authorizes the Superintendent or designee to enter into budgeted contract amendments, consistent with applicable laws, that increase the District's maximum fiscal obligation by no more than $30,000 or 5% of the contract amount, whichever is greater, and/or modify the contract term and/or services so long as the modified cost, term, or services are within current or revised fiscal provisions. Without modifying this policy, the Board may, by majority vote, increase this contracting and/or amendment authority for a specific project, contract, or time period.

To be valid or to constitute an enforceable obligation against the district, all contracts must be approved and/or ratified by the Governing Board. (Education Code 17604)

All contracts between the district and outside agencies shall conform to standards required by law and shall be prepared under the direction of the Superintendent or designee.

The district upholds state nondiscrimination laws. All contracts made by the district shall contain a nondiscrimination clause in accordance with law.

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 Electronic Products or Services

Prior to entering into a contract for electronic products or services that require the dissemination of advertising to students, the Board shall: (Education Code 35182.5)

1. Enter into the contract at a noticed, public hearing of the Board.

2. Make a finding that the electronic product or service is or would be an integral component of the education of students.

3. Make a finding that the district cannot afford to provide the electronic product or service unless it contracts to permit dissemination of advertising to students.

4. Provide written notice to parents/guardians that the advertising will be used in the classroom or other learning center. This notice shall be part of the district's normal, ongoing communication to parents/guardians.

5. Offer 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.

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination on the basis of sex

14505 Provisions required in contracts for audits

17595-17606 Contracts

35182.5 Contract prohibitions

45103.5 Contracts for management consulting service related to food service

CODE OF CIVIL PROCEDURE

685.010 Rate of interest

GOVERNMENT CODE

12990 Nondiscrimination and compliance employment programs

53260 Contract provision re maximum cash settlement

53262 Ratification of contracts with administrative officers

LABOR CODE

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

Management Resources:

WEB SITES

CASBO: http://www.casbo.org

Policy SAN CARLOS ELEMENTARY SCHOOL DISTRICT

adopted: January 30, 2014 San Carlos, California

revised: September 22, 2016