3312 AR -Contracts

Business and Noninstructional Operations 
3312 AR - Contracts

Delegation


Ratification of Contracts Pursuant to Education Code section 17604. Whenever state law invests the Governing Board with the power to enter into contracts on behalf of the district, the Board may, by a majority vote, delegate this power 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 Board. (Education Code 17604) This is specifically stated in the District’s Board Policy No. 3312 and was authorized by the Governing Board in Resolution No. 1580.11/15, which the Board passed adopted on November 19, 2015.

Review of Contracts Under Bid Limits Pursuant to Education Code section 17605. In addition to the delegation and subsequent ratification of contracts under Education Code section 17604, the Board may delegate to the Superintendent or designee and subsequently review not ratify contracts every 60 days under Education Code section 17605, as long as those contracts are under applicable bid limits. This was authorized by the Governing Board in Resolution No. 1580.11/15. 

  1. Contracts for Ratification. Unless otherwise indicated in this Administrative Regulation, the District's Superintendent, Chief Business Officer, Associate Superintendent(s), and Assistant Superintendent(s) have the authority to award contracts contained in Education Code sections 17604. All those contracts shall be submitted to the District's Governing Board for ratification and may be ratified as consent item(s).

 

  1. Real Property Transactions. 
    1. The District's Superintendent and Chief Business Officer have the authority to enter joint use agreements for no more than five (5) years, licenses, and other real property obligations that do not change ownership of real property. All those real property agreements shall be submitted to the District's Governing Board for ratification and may be ratified as consent item(s). 
    2. All leases of real property, easements of real property, or the purchase or sale of real property, shall be brought to the Board for approval.

       

    3. Contracts for Review. Unless otherwise indicated in this Administrative Regulation, the District's Superintendent, Chief Business Officer, Associate Superintendent(s), and Assistant Superintendent(s) have the authority to award contracts contained in Education Code sections 17605. All those contracts shall be brought to the Board for review every 60 days. This delegation is as further detailed below:
      1. Non-Construction Services and Items. The above staff persons are authorized to enter into contracts to purchase supplies, materials, apparatus, equipment and services, including non- construction services, repairs and maintenance, so long as those contracts do not involve an expenditure by the District in excess of the bid limit specified in Public Contract Code section 20111. That bid limit is $88,300 in 2017 and is adjusted annually.

      Construction Services. The above staff persons are authorized to enter into contracts for construction services so long as those contracts do not involve an expenditure by the District in excess of the bid limit specified in Public Contract Code section 20111. That bid limit is $15,000 in 2017 and is not adjusted annually.


      All other contracts shall be brought to the Board for approval.

        

      Legal Reference: EDUCATION CODE

      17595-17606 Contracts

      35182.5 Contract prohibitions

       

      PUBLIC CONTRACT CODE

      20111 Contracts over $50,000; contracts for construction; award to lowest responsible bidder

       

      UNITED STATES CODE, TITLE 20

      1681-1688 Title IX, discrimination

       

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