3312 – Business – Expenditures/ Expending Authority – Contracts

Policy – x
Regulation –
Exhibit –

Adopted – 11/3/1994
Revised – 9/19/2002
As specified in law, the power to contract is invested in the Governing Board. However, the Board may, by a majority vote, delegate the power to enter into contracts on behalf of the District to the Superintendent or designee.

To be valid or to constitute an enforceable obligation against the District, all contracts must be approved and/or ratified by the Governing Board. (EC 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. (GC 12990)

The District shall not enter into a contract that prohibits a school employee from disparaging the goods or services of the contracting party. (EC 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: (EC 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 Any request shall be honored for the school year in which it is submitted, or longer if specified, but may be withdrawn by the parents/guardians at any time.

The Superintendent or designee may enter into contracts on behalf of the District.

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 42
1681-1688 Title IX, discrimination
Management Resources:
WEB SITES
CASBO: http://www.casbo.org
CSBA Date – 10/93

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