SECTIONS 81450-81460

81450.  (a) The governing board of any community college districtmay sell for cash any personal property belonging to the district ifthe property is not required for school purposes, or if it should bedisposed of for the purpose of replacement, or if it isunsatisfactory or not suitable for school use. There shall be no saleuntil notice has been given by posting in at least three publicplaces in the district for not less than two weeks, or by publicationfor at least once a week for a period of not less than two weeks ina newspaper published in the district and having a generalcirculation there; or if there is no such newspaper, then in anewspaper having a general circulation in the district; or if thereis no such newspaper, then in a newspaper having a generalcirculation in a county in which the district or any part thereof issituated. The board shall sell the property to the highestresponsible bidder or reject all bids. (b) The governing board may choose to conduct any sale of personalproperty authorized under this section by means of a public auctionconducted by employees of the district or other public agencies, orby contract with a private auction firm. The board may delegate tothe district employee responsible for conducting the auction theauthority to transfer the personal property to the highestresponsible bidder upon completion of the auction and after paymenthas been received by the district.81450.5.  Notwithstanding Sections 81450 and 81452, a communitycollege district may, without providing the notice required bySection 81450, exchange for value, sell for cash, or donate anypersonal property belonging to the district if all of the followingcriteria are met: (a) The district determines that the property is not required forschool purposes, that it should be disposed of for the purpose ofreplacement, or that it is unsatisfactory or not suitable for schooluse. (b) The property is exchanged with, or sold or donated to, aschool district, community college district, or other public entitythat has had an opportunity to examine the property proposed to beexchanged, sold, or donated. (c) The receipt of the property by a school district or communitycollege district would not be inconsistent with any applicabledistrictwide or schoolsite technology plan of the recipient district.81451.  Notwithstanding the provisions of Section 81450, thegoverning board of a community college district may, with the consentof a county purchasing agent, utilize his services for the sale ofpersonal property, as authorized by Section 25505 of the GovernmentCode.81452.  (a) If the governing board, by a unanimous vote of thosemembers present, finds that the property, whether one or more items,does not exceed in value the sum of five thousand dollars ($5,000),the property may be sold at private sale without advertising, by anyemployee of the district empowered for that purpose by the board. (b) Any item or items of property having previously been offeredfor sale pursuant to Section 81450, but for which no qualified bidwas received, may be sold at private sale without advertising by anyemployee of the district empowered for that purpose by the board. (c) If the board, by a unanimous vote of those members present,finds that the property is of insufficient value to defray the costsof arranging a sale, the property may be donated to a charitableorganization deemed appropriate by the board, or it may be disposedof in the local public dump on order of any employee of the districtempowered for that purpose by the board.81453.  The money received from the sale shall be placed to thecredit of the fund from which the original expenditure for thepurchase of the property was made.81454.  The governing board of any community college district maydispose of personal property belonging to the district for thepurpose of replacement by providing in the notice calling for bidsfor furnishing new materials, articles, or supplies that each biddershall agree in his bid to purchase the property being replaced and toremove it from the school grounds and shall state in his bid theamount which he will deduct from the price bid for furnishing newmaterials, articles, or supplies as the purchase price for thepersonal property being purchased from the district. The board shalllet the contract to any responsible bidder whose net bid is thelowest, or shall reject all bids.81455.  The governing board of any community college district mayenter into contracts with manufacturers or suppliers for the exchangeof household appliances and equipment belonging to the district andused for instructional purposes for new property of like class andkind for a similar use without advertising for or taking bids;provided, the cost to the district for such exchange shall not exceedthe excess, if any, of the manufacturer's or supplier's sellingprice of the new property over the original cost to the district ofthe property being disposed of by the district, plus any applicabletax.81456.  The governing board of any community college district may,when calling for bids and letting contracts for constructing newschool buildings, or repairing, altering, adding to, orreconstructing existing school buildings, or demolishing existingschool buildings, require each bidder for the performance of the workto agree in his bid to purchase and to remove from the schoolgrounds all old materials required by the specifications to beremoved from any existing school building on the same school groundsand not required for school purposes and to state in his bid theamount which he will deduct from the price bid for the work as thepurchase price of the old materials. The board shall let the contractto any responsible bidder whose net bid is the lowest, or shallreject all bids.81457.  The governing board of a community college district mayauthorize any officer or employee of the district to sell to anystudent personal property of the district which has been fabricatedby such student, at the cost to the district of the materialsfurnished by the district and used therein.81458.  The governing board of a community college district may sellto persons enrolled in classes for adults maintained by the districtmaterials that may be necessary for the making of articles by thosepersons in the classes. The materials shall be sold at not less thanthe cost thereof to the district and any article made therefrom shallbe the property of the person making it. This section shall become operative January 1, 1992.81459.  A community college district may, in accordance withregulations adopted by the governing board of the district and foreducational use, sell, give, or exchange for similar publishedmaterials, published materials prepared by the district in connectionwith the curricular and special services that the district isauthorized to perform. Unless restricted by the regulations of thegoverning board, the sale or gift may be made to, and the exchangemay be made with, any person, political subdivision, public officeror agency, or educational institution. The distribution of thepublished material in accordance with this section is declared to bea public purpose and in furtherance of Section 1 of Article IX of theCalifornia Constitution. A community college district may also license the use ofcopyrights held by the district, to the same persons or entities andfor the same purposes as provided in the above paragraph. The district shall grant a license to any public agency organizedunder the authority of this state, unless an exclusive license haspreviously been granted a private publisher. Any charge which may be assessed such a public agency for thelicense to use the copyright or for materials, to which the districtholds the copyright, shall not exceed the cost to the district of thepreparation and reproduction of the materials. Any granting of a license, by a district, to reproduce copyrightedmaterial is declared to be for a public purpose in furtherance ofSection 1 of Article IX of the California Constitution.81460.  Notwithstanding any other provision of law, the governingboard of any community college district owning land upon whichagricultural products are grown may enter into agreements with anagricultural cooperative or association for the purpose ofmaintaining, harvesting or selling such products.