San Francisco Unified School District and County Office of Education
Board Policy 3312
Contracts
This Board Policy applies to the San Francisco Unified School District and the County Office of Education.
The Board of Education 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 without limitation the bidding requirements in Public Contract Code 20111.
(cf. 2121 – Superintendent’s Contract)
(cf. 3311 – Bids)
(cf. 4312.1 – Contracts)
(cf. 9124 – Attorney)
As used herein, “contract” shall mean any initial contract as well as any amendment(s) thereto.
Delegation of Authority to Enter into Contracts
The Board hereby delegates to the Superintendent or designee the authority to enter into contracts on behalf of the District, not to exceed the amounts specified in Public Contract Code 20111 except as otherwise provided by law. Contracts entered into by delegated authority (also referred to as “Administratively Approved” contracts) shall be ratified by the Board of Education at an open session meeting of the Board within 60 days of the date the contract was approved by delegated authority. (Education Code 17604; Public Contract Code 20111) 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)
Furthermore, any Administratively Approved contract shall only be entered into in compliance with District procedures and administrative regulations.
Prior Board approval is required for all contracts of a dollar amount at or above the current bid limit provided in Public Contract Code section 20111.
Every contract entered into on behalf of the District shall be made available for public inspection, except when the law prohibits disclosure. No contract shall prohibit a District employee from disparaging the goods or services of any contracting party.
(cf. 1340 – Access to District Records)
Contracts for Non-nutritious Foods or Beverages
The District shall not enter into or renew a contract for the sale of foods or beverages that do not meet nutritional standards specified in applicable laws, regulations and District policies, unless the contract specifies that such sale will occur off campus or outside the time restriction specified in the applicable law. (Education Code 49431-49431.7; 5 CCR 15500-15501, 15575-15578; 7 CFR 210.11, 220.12)
(cf. 3554 – Other Food Sales)
(cf. 3555 – Nutrition Program Compliance)
Before the District enters into or renews a contract that grants exclusive or nonexclusive advertising or sale of carbonated beverages, non-nutritious beverages, or non-nutritious foods 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. The Superintendent or designee shall develop the District’s internal control procedures to protect the integrity of public funds. (Education Code 35182.5)
Any contract that provides for the exclusive or nonexclusive advertising or sale of non-nutritious foods or carbonated or non-nutritious beverages shall be entered into on a competitive bid basis pursuant to Public Contract Code 20111 or through the issuance of a Request for Proposal, as applicable. (Education Code 35182.5)
(cf. 3311 – Bids)
Contracts for Electronic Products or Services that Require Advertising to Students
The Board shall not enter into any contract for electronic products or services that requires the dissemination of advertising to students, except pursuant to the requirements of Education Code section 35182.5.
Contracts for Digital Storage, Management and Retrieval of Student Records
The District may enter into or renew a contract with a third party for the purpose of providing services, including cloud-based services, for the digital storage, management, and retrieval of student records and/or to provide digital educational software that authorizes a third-party provider of digital educational software to access, store, and use student records. Any such contract shall comply with the requirements of Education Code section 49073.1.
Consultant and Personal Services Contracts
The terms “consultant” and “contractor” may be used interchangeably in this policy.
The Board authorizes the use of consultants to provide expert professional advice or specialized technical or training services which are not needed on a continuing basis and which cannot be provided by District staff because of limitations of time, experience or knowledge. Consultants may assist management with decisions and/or project development related to financial, economic, accounting, engineering, legal, administrative, instructional or other matters.
The District shall not contract for consulting services that can be performed without charge by a public agency or official unless these services are unavailable from the public source for reasons beyond the District’s control.
District contracts and the contracting processes shall comply with Internal Revenue Service guidelines and all qualified contractors shall be accorded equal opportunity under applicable laws and District policies.
In order to achieve cost savings, the District may enter into or renew a contract for any personal service that is currently or customarily performed by classified employees, if the contract does not displace school district employees and meets other conditions specified in Education Code 45103.1(a). To enter into or renew such a contract, the Board shall ensure that the District meets all of the conditions specified in Education Code 45103.1(a).
In the alternative, the District may enter into or renew any contract for personal service without meeting the conditions specified in Education Code 45103.1(a), if any of the conditions as listed in Education Code section 45103.1(b) is applicable. (Education Code 45103.1)
(cf. 4200 – Classified Personnel)
Good Food Purchasing Program
All contracts for food and food services shall comply with the Good Food Purchasing Program adopted by the Board. (Board of Education Resolution 164-26A3, adopted May 24, 2016)
Federal Procurement Standards
Contracts for supplies, equipment, construction, and other services funded by the federal government shall be made pursuant to applicable federal procurement standards. (2 CFR § 200 et seq. (2013))
This Board Policy supersedes all previous Board Policies as to the subject matter contained herein.
Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination on the basis of sex
10400-10407 Cooperative improvement programs
14505 Provisions required in contracts for audits
17250.10-17250.55 Design-build contracts
17595-17606 Contracts
35010 Control of districts; prescription and enforcement of rules
35172 Promotional activities
35182.5 Contract prohibitions
35204 Contract with attorney
44925 Part-time readers employed as independent contractors
45103 Classified service in districts not incorporating the merit system
45103.1 Personal services contracts
45103.5 Contracts for management consulting service related to food service
45134-45135 Employment of retired classified employee
45256 Merit system districts; classified service; positions established for professional experts on a temporary basis
49073.1 Contract requirements for digital storage, maintenance and retrieval of student records
49431-49431.7 Nutritional standards
CODE OF CIVIL PROCEDURE
685.010 Rate of interest
GOVERNMENT CODE
12990 Nondiscrimination and compliance employment programs
53060 Contract for special services and advice
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 ,000; contracts for construction; award to lowest responsible bidder
20104.50 Construction Progress Payments
22300 Performance retentions
CODE OF REGULATIONS, TITLE 5
15500 Food sales by student organizations
15501 Sales in high schools and junior high schools
15575-15578 Food and beverage requirements outside of the federal school meal programs
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act
1681-1688 Title IX, discrimination
CODE OF FEDERAL REGULATIONS, TITLE 7
210.1-210.31 National School Lunch Program
220.1-220.21 National School Breakfast Program
Management Resources:
CSBA PUBLICATIONS
Student Wellness: A Healthy Food and Physical Activity Policy Resource Guide, rev. 2005
INTERNAL REVENUE SERVICE PUBLICATIONS
15-A Employer’s Supplemental Tax Guide
WEB SITES
CSBA: http://www.csba.org
California Association of School Business Officials: http://www.casbo.org
Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.