SECTIONS 81641-81656 - California Statutes

EDUCATION CODE

SECTION 81641-81656

81641. For the purpose of securing bids or proposals the community
college board shall publish at least once a week for two weeks in
some newspaper of general circulation published in the district, or
if there is no such paper, then in some newspaper of general
circulation, circulated in the county a notice calling for bids or
proposals, stating the work to be done or materials or supplies to be
furnished and the time when and the place where bids or proposals
will be opened. Whether or not bids or proposals are opened exactly
at the time fixed in the public notice for opening bids or proposals,
a bid or proposal shall not be received after that time.

81644. Continuing contracts for work to be done, services to be
performed, or for apparatus or equipment to be furnished, sold,
built, installed, or repaired for the district, or for materials or
supplies to be furnished or sold to the district may be made with an
accepted vendor as follows: for work or services, or for apparatus or
equipment, not to exceed five years; for materials or supplies, not
to exceed three years.

81645. The governing board of any community college district may
contract with a party who has submitted one of the three lowest
responsible competitive proposals or competitive bids for the
acquisition, procurement, or maintenance of electronic data
processing systems and equipment, electronic telecommunications
equipment, supporting software, and related materials, goods, and
services, in accordance with procedures and criteria established by
the governing board.

81645.5. In addition to utilizing the procedures specified in
Article 9 (commencing with Section 81450) of Chapter 2, any community
college district may, by direct sale or otherwise, sell to a
purchaser any electronic data-processing equipment or other major
items of equipment owned by, or to be owned by, the district, if the
purchaser agrees to lease the equipment back to the district for use
by the district following the sale.
The approval by the governing board of the district of the sale
and leaseback shall be given only if the governing board finds, by
resolution, that the equipment is data-processing equipment or
another major item of equipment within the meaning of this section
and that the sale and leaseback is the most economical means for
providing electronic data-processing equipment or other major items
of equipment to the district.

81651. The governing board of any community college district may
purchase supplementary textbooks, library books, and educational
films, audiovisual materials, test materials, workbooks,
instructional computer software packages, or periodicals in any
amount needed for the operation of the schools of the district
without taking estimates or advertising for bids.

81653. The governing board of any community college district may
purchase from the federal government or any agency thereof any
surplus property, as defined in the Surplus Property Act of 1944, in
any amount needed for the operation of the schools of the district
without taking estimates or advertising for bids.

81655. Wherever in this code the power to contract is invested in
the governing board of the community college district or any member
thereof, such power may by a majority vote of the board be delegated
to its district superintendent, or to such persons as he may
designate, or if there be no district superintendent then to such
other officer or employee of the district as the board may designate.
Such delegation of power may be limited as to time, money or subject
matter or may be a blanket authorization in advance of its exercise,
all as the governing board may direct; provided, however, that no
contract made pursuant to such delegation and authorization shall be
valid or constitute an enforceable obligation against the district
unless and until the same shall have been approved or ratified by the
governing board, said approval or ratification to be evidenced by a
motion of said board duly passed and adopted. In the event of
malfeasance in office, the district official invested by the
governing board with such power of contract shall be personally
liable to the district employing him for any and all moneys of the
district paid out as a result of such malfeasance.

81656. The governing board by majority vote may adopt a rule,
delegating to any officer or employee of the district as the board
may designate, the authority to purchase supplies, materials,
apparatus, equipment, and services. No such rule shall authorize any
officer or employee to make any purchases involving an expenditure by
the district in excess of the amount specified by Section 20651 of
the Public Contract Code. The rule shall prescribe the limits of the
delegation as to time, money, and subject matter. All transactions
entered into by the officer or employee shall be reviewed by the
governing board every 60 days.
In the event of malfeasance in office, the community college
district officer or employee invested by the governing board with the
power to contract shall be personally liable for any and all moneys
of the district paid out as a result of the malfeasance.