Section 17407 Of Article 2. Leasing Property From California Education Code >> Division 1. >> Title 1. >> Part 10.5. >> Chapter 4. >> Article 2.
17407
. (a) The governing board of a school district may enter into
an agreement with a person, firm, or corporation under which that
person, firm, or corporation shall construct, or provide for the
construction of, a building to be used by the school district upon a
designated site and lease the building and site to the school
district. The instrument shall provide that the title to the building
and site shall vest in the school district at the expiration of the
lease, and may provide the means or method by which the title to the
building and site shall vest in the school district before the
expiration of the lease, and shall contain other terms and conditions
as the governing board of the school district deems to be in the
best interest of the school district.
(b) The agreement entered into shall be with the lowest
responsible bidder who shall give the security that a governing board
of a school district requires. The governing board of a school
district may reject all bids. For the purpose of securing bids the
governing board of a school district shall publish at least once a
week for two weeks in a newspaper of general circulation published in
the school district, or if there is no newspaper, then in a
newspaper of general circulation circulated in the county, a notice
calling for bids, stating the proposed terms of the agreement and the
time and place where bids will be opened.
(c) For a public project, as defined in subdivision (c) of Section
22002 of the Public Contract Code, regardless of its funding source,
an agreement entered into pursuant to subdivision (a) shall also
require that a person, firm, or corporation that constructs the
building, including, but not limited to, the prime contractor and, if
used, electrical, mechanical, and plumbing subcontractor, under this
section shall be subject to the same prequalification requirements
for prospective bidders described in subdivisions (b) to (m),
inclusive, of Section 20111.6 of the Public Contract Code, including
the requirement for the completion and submission of a standardized
prequalification questionnaire and financial statement that is
verified under oath and is not a public record.
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.