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BP 3313 Contracts, Leases and Agreements

KPBSD Policy Manual

BP 3313

Business and Instructional Support Operations
CONTRACTS, LEASES AND AGREEMENTS

The Superintendent may enter into contracts, leases and agreements on behalf of the District.

Contracts, leases and agreements between the District and outside agencies shall conform to standards required by law and shall be prepared under the direction of the Superintendent. Contracts, leases and agreements, where appropriate, shall be submitted to the legal advisor of the District for review and approval.

The District shall not enter into any contracts, leases or agreements with a person, agency or organization if it has knowledge that such a person, agency or organization discriminates on the basis of race, color, creed, sex, religion, ancestry, national origin, age or non-job-related handicap or disability, either in employment practices or in the provision of benefits or services to students or employees.

The District shall enter into contracts, leases or agreements to obtain equipment, real estate, and services on a competitive bidding basis when required by law and whenever it appears to be in the best interest of the District to do so.  Typical leases or agreements include, but are not limited to:

Leases of private real estate for use as temporary school facilities, teacherages, or storage.

Leases of technology such as copier equipment, telephone systems, or computers.

Long-term service agreements for public utilities.

Contracts of $5,000 or more but less than $15,000 require, when practical, informal proposal requests to a minimum of three (3) vendors.

Contracts of $15,000 or more require, when practical, formal proposals notification to a minimum of three (3) or more vendors.  In remote locations, the Superintendent shall have discretion to not solicit competitive bids for the acquisition of temporary school facilities, teacherages or storage facilities by lease or other agreement.  Such discretion shall be based upon a factually supported finding that the best interests of the School District will be served by not soliciting competitive bids.  Except as otherwise provided, all appropriate vendors on the approved vendor list shall be given the opportunity to submit a proposal.

The Superintendent shall provide the Board an annual report of all property leases and all agreements entered into which are above $15,000.

The Superintendent shall manage the award or rejection of contracts, leases or agreements.

Contractor’s Violations of Tax Ordinances

No contract or purchase order shall be awarded to any individual or business who is found to be in violation of the Kenai Peninsula Borough Code of Ordinances in the several areas of taxation which is not remedied within ten (10) days of notice.

Any contract can be terminated for cause if it is determined that the contractor is in violation of any taxation ordinance and if such violation is not remedied within ten (10) days of notification by regular mail.  If the delinquency arises due to non-filing of sales tax, no payment will be made to the contractor until all filings have been made and all amounts due are remitted.

The District will remit any amounts owed by its contractor(s) to the Kenai Peninsula Borough for delinquent Borough taxes against any amount owing to the contractor(s) under a contract between the District and the contractor(s).

To ensure that good value is received for funds expended, specifications shall be carefully designed and shall describe in detail the quality, delivery and service required. 

(cf.3311 – Bids)
(cf.3300 – Expenditures/Expending Authority)
(cf.0410 – Nondiscrimination in District Programs and Activities)
(cf.9270 – Conflict of Interest)
(cf.4030 – Nondiscrimination in Employment)

Legal Reference:

ALASKA STATUTES
14.08.101 Powers
14.14.060 Relationship between borough school district and borough
14.14.060 (h) Procurement of supplies and equipment
14.14.065 Relationship between city school district and city                

ALASKA ADMINISTRATIVE CODE
4 AAC 27.085 Competitive pupil transportation proposals
4 AAC 27.100 Contractor’s duties
4 AAC 31.065 Selection of designers and construction  managers
4 AAC 31.080 Construction and acquisition of public school facilities


KENAI PENINSULA BOROUGH SCHOOL DISTRICT
Revised: 06/02/2014

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