9.1 POLICY FOR REQUISITIONING OF SUPPLIES AND CONTROL OF OPERATIONAL EXPENSES
A. Legal Authority: The Board approved a motion delegating the approval of this policy to the President/Superintendent at the April 17, 1976, meeting.
B. Purpose: This policy is enacted to promote the most efficient use of the funds available for the purchase of instructional, maintenance, and other supplies required for the operation of Ohlone College and to minimize operational expenses. It is the intent of this policy to further require to the extent feasible, bulk purchase of supplies by the competitive bidding process through the consolidation of supply requirements and annual or semiannual requisitioning.
C. Implementation: The Business Office of Ohlone College by and through the Vice President, Business Services shall have the responsibility and authority to implement the policy through the adoption and distribution of rules and regulations for the budgeting and requisitioning of instructional, maintenance, and other supplies. The Vice President, Business Services, shall be responsible to and report to the Board of Trustees through the President/Superintendent in the implementation of this policy.
9.2 BUDGETING AND REQUISITIONS
Annually on or before August 1, there shall be submitted to the Vice President, Business Services, a final budget for instructional supplies for the next fiscal year. The instructional supply budget for each department shall be sufficiently detailed and described to allow the Business Office to requisition the budgeted instructional supplies. Excepting supply requests for newly instituted instructional programs or for supply needs which could not have been reasonably foreseen, all instructional supply requests submitted after August 1, shall not be requisitioned until the next fiscal year. Any supply requests coming within the exceptions set forth herein shall be requisitioned in the fiscal year requested only upon the written approval of the Vice President, Business Services.
9.2.2 Operational and Maintenance Supplies
Annually on or before August 1, there shall be prepared for the Vice President, Business Services, a final budget for operational and maintenance supplies for the next fiscal year. The operational and maintenance supply budget shall be sufficiently detailed and described to allow the Business Office to requisition the budgeted supplies. Excepting operational and maintenance supply needs which could not have been reasonably foreseen, all operational and maintenance supply requests submitted after August 1, shall not be requisitioned until the next fiscal year. Any supply requests coming within the exceptions set forth herein shall be requisitioned in the fiscal year requested only upon the written approval of the Vice President, Business Services.
9.2.3 District Purchases (Amended: 8-13-97; 8-12-98)
9.2.3.1 Purchases Under Bid Limit
The Board of Trustees in accordance with Education Code Sections 81655 and 81656 empowers the President/Superintendent or his designees to authorize and disburse payments to vendors for the purchase of supplies, equipment, or leases that are not subject to Public Contract Code Section 20651. That the Board of Trustees shall ratify a sequential listing of warrants disbursed and total dollar amount issued at least every 60 days in accordance with Education Code Section 81656.
9.2.3.2 Purchases Over Bid Limit
Purchases of services, equipment, or leases that are subject to Public Contract Code Section 20651, as referenced below shall be published in a formal Notice Calling for Bid and shall be awarded by the Board.
The use of CMAS (California Multiple Award Schedule) State Contract and Schedules is authorized for the procurement of goods and services related to information technology agreements, data processing equipment, computers, telecommunications, and training services for computer software, in accordance with Public Contract Code Section 12109 & 12110.
9.2.3.3 Environmentally Preferred Purchasing
I. Purpose
The purpose of this procedure is to support the purchase of products used in our work that will minimize any negative environmental impacts of our work. Ohlone College recognizes that the purchasing decisions of our employees can make a difference in favor of environmental quality. We promote the purchase of environmentally preferable products whenever they perform satisfactorily and are available at a reasonable price.
II. Definitions
III. Procedures
IV. Selected Environmental Products
Ohlone College departments/centers shall evaluate the following environmentally preferred products and purchase them whenever the evaluation is favorable and the prices are reasonable.
V. Responsibilities of Administrative Services Department
The Administrative Services Department shall be responsible for coordinating the implementation of this procedure. This department shall:
VI. Responsibilities of All Departments/Centers/Employees
Each Ohlone College department/center/employee shall:
VII. Exemption
Nothing in this procedure shall be construed as requiring the purchase of products that do not perform adequately or are not available at a reasonable price.
9.3 MILEAGE REIMBURSEMENT RATE - PRIVATE AUTOMOBILES
Except where modified by union or other bargaining agreements, the rate for reimbursement to employees of the District for authorized mileage in private automobiles shall be set at $.24 per mile effective August 1, 1981, and thereafter shall be adjusted annually on July 1 to reflect the Internal Revenue Service rate prevailing on that date.
9.4 POLICY FOR PAYMENT OF EXPENSES INCURRED IN THE COURSE OF PERFORMING SERVICES FOR THE DISTRICT (Approved: 7-13-88; amended: 6-14-89)
A. Purpose: The purpose of this policy is to provide for the payment of the actual and necessary expenses, including traveling expenses, of any employee of the District, whether within or outside the District, at the direction of the Governing Board.
B. Services for the District: This policy is applicable to the following services:
1. Attendance by an employee at any convention or conference;
2. Visitation by an employee of any school;
3. Performance by an employee of similar services where the purpose of such attendance or visitation or performance of similar services is for the discussion or observation of any school matter appertaining to the duties of the employee or any question of interest to the District. This policy is limited in its application to services directed by the Governing Board or by the President/Superintendent pursuant to paragraph D.
C. Actual and Necessary Expenses: The term "actual and necessary expenses" shall include, but not be limited to, the following:
1. Mileage allowances at the Board-established rate
2. Airfare/train fare
3. Automobile rentals
4. Taxi and bus fares
5. Parking fees and bridge tolls
6. Meals
7. Lodging
8. Nonpersonal telephone charges
9. Registration fees
Expenses covered by this policy shall be limited to expenses which are reasonably necessary in the course of attending conventions or conferences, visiting schools, or performing similar services as provided in paragraph B.
D. Direction by Governing Board or President/Superintendent
1. This policy applies to services directed by the Governing Board.
2. This policy also applies to services directed by the President/ Superintendent, to whom the Board hereby delegates the authority to perform all powers described in this policy. Funds expended pursuant to such delegation shall not exceed the amount previously budgeted for such purposes by the Governing Board.
E. Manner of Payment: Expenses which are payable by the District under this policy may be paid as follows:
1. Expenses paid by an employee may be submitted for reimbursement on District-provided claim forms and shall be subject to reimbursement upon approval of the bill warrant by the governing board.
2. Expenses may be directly paid by the District upon direction by the Governing Board or President/Superintendent. Expenses which may be directly paid by the District shall include, but are not limited to, providing (a) refreshment beverages such as District employees (e.g., for instructors and attendees at in-service training conferences), where the Board or President/Superintendent determines that the providing of such items is a justifiable expense of conducting the conference.
F. Regulations: The President/Superintendent will establish administrative regulations and procedures consistent with the provisions of this policy.
9.5 POLICY FOR HANDLING CLAIMS AGAINST THE DISTRICT (Approved 1-8-97)
A. Claims and Actions Against the District
Any and all claims for money or damages against the District must be presented to, and acted upon, in accordance with the following procedures. Compliance with these procedures is a prerequisite to any court action, unless the claim is governed by statues or regulations which expressly free the claimant from the obligation to comply with this policy and the claims procedures set forth in Government Code 900 et seq.
Note: Government Code 935 allows the establishment of a procedure for claims excepted by Government Code 905. These procedures may include a requirement that the claim be presented to the District as a prerequisite to a suit.
B. Time Limitations
1. Claims for money or damages relating to a cause of action for death, injury to person or personal property, or growing crops, shall be presented to the Board not later than six (6) months after the accrual of the cause of action (Government Codes 905, and 911.2).
2. Claims for money or damages as authorized in Government Code 905 that are not included in Paragraph A above shall be filed not later than one year from the date the cause of action accrues (Government Codes 905 and 911.2).
3. Claims for money or damages specifically excepted from Government Code 905 shall be filed not later than six (6) months after the accrual of the cause of action (Government Codes 905, 911.2, and 935).
C. Late Claims
Claims under "Time Limitations" Paragraphs 1. and 2. above which are filed outside the specified time limitations, must be accompanied by an application to file a late claim. Such claim and application to file a late claim must be filed not later than one year after the accrual of the cause of action. If a claim under Paragraphs 1. or 3. is filed later than six (6) months after the accrual of the cause of action and is not accompanied by the application, the Board or President/Superintendent may, within forty-five (45) days, give written notice that the claim was not filed timely and that it is being returned without further action.
The application shall state the reason for the delay in presenting the claim. The Board shall grant or deny the application with forty-five (45) days after it is presented. By mutual agreement of the claimant and the Board, such forty-five (45) day period may be extended by written agreement made before the expiration of such period. If the Board does not take action on the application within forty-five (45) days, it shall be deemed to have been denied on the forty-fifth (45th) day unless such time period has been extended, in which case it shall be denied on the last day of the period specified in the extension agreement.
If the application to present a late claim is denied, the claimant shall be given notice in the sample form set forth (Government Codes 911.3, 911.4, 911.6, 911.8, 912.2, and 935).
D. Delivery and Form of Claim
A claim, any amendment thereto, or an application for leave to present a late claim shall be deemed presented when delivered to the office of the President/Superintendent or deposited in a post office, sub-post office, substation, or mail chute or other like facility maintained by the U.S. Government in a sealed envelope properly addressed to the District office with postage paid (Government Codes 915 and 915.2).
Claims may be submitted on the District claim form or as presented in Section 910 and 910.2 of the Government Code (Government Codes 910, 910.2, and 910.4).
E. Notice of Claim Insufficiency
The President/Superintendent shall cause to have all claims reviewed for sufficiency of information. The President/Superintendent or designee may, within twenty (20) days of receipt of claim, either personally deliver or mail to claimant a notice stating deficiencies in the claim presented. If such notice is delivered or sent to claimant, the Board shall not act upon the claim until at least fifteen (15) days after such notice is sent (Government Codes 910.8, and 915.4).
F. Amendments to Claim
Claims may be amended within the above time limits or prior to final action by the Board, whichever is later, if the claim, as amended, relates to the same transaction or occurrence which gave rise to the original claim.
G. Action on Claim
Note: If the Board acts properly to reject the claim, the Claimant has only six (6) months from such rejection to institute a lawsuit. If the Board takes no action, the claim is deemed rejected after forty-five (45) days, but the claimant has two (2) years to institute a suit against the District. The notice of rejection must comply with requirements of Government Code 913 unless the claim has no address on it.
If the claim is filed late and not accompanied by an application to file a late claim, then the Board or its agent must notify the claimant that no action was taken due to the claim being filed late. The Board must not indicate the claim was rejected, or it will be assumed the Board accepted the filing of the late claim and has taken action to reject it. The Board would then have waived its time lines which would bar a subsequent lawsuit.
Within forty-five (45) days after the presentation or amendment of a claim, the Board shall take action on the claim. This time limit may be extended by written agreement before the expiration of the forty-five (45) day period or before legal action is commenced or barred by legal limitations. The President/Superintendent or designee shall transmit to the claimant a notice of action taken. If no action is taken by the Board, the claim shall be deemed to have been rejected (Government Code 945.6).
Note: The following delegation is optional pursuant to Government Code Section 935.4. The amount specified may be less than but may not exceed Fifty Thousand Dollars ($50,000).
The Board delegates to the President/Superintendent the authority to take action on claims under Fifty Thousand Dollars ($50,000) (Government Code 935.4).
H. Retroactivity of This Policy
This policy is intended to apply retroactively to any existing causes of action and/or claims for money and/or damages.
I. Roster of Public Agencies
The President/Superintendent is directed to annually verify that all information regarding the District and the Board is filed accurately with the Roster of Public Agencies in the Office of the Secretary of State and the County Clerk. The verified information shall include the name of the District, the mailing address of the Board, and the names and addresses of the Board presiding officer, the Board clerk or secretary and other members of the Board (Government Code 53053).
Note: If the information filed is not accurate or no information is on file, the claimant is excused from complying with the government code claim procedures prior to instituting suit against the District. Thus, it is imperative to make sure that the information is current and accurate. State law requires that all changes to information filed with the Roster of Public Agencies must be made within ten (10) days after any change in facts.
9.6 POLICY FOR THE CAPITALIZATION OF EQUIPMENT (Approved: 9-24-97)
As set forth in Education Code Section 35168, Inventory of Equipment, the governing board of the District shall establish and maintain a historical inventory, which shall contain the description, name, identification numbers, location of use, and original cost of all items of equipment whose current market value at the time of purchase exceeds Five Hundred Dollars ($500). The disposition of capitalized equipment will be done in accordance with Education Code Section 39521/81492.