Section 5-E3508. ADMINISTRATION OF USE AGREEMENTS AND LEASES

 

3508.1Except to the extent specifically reserved to the Board of Education by this chapter, the Superintendent of Schools, in furtherance of the responsibilities vested in him or her pursuant to the law and § 501 of this title, is delegated authority to further the needs and interests of the School System by entering into use agreements and leases. The exercise of this authority, however, is subject to the provisions of §§ 3500 through 3508 of this chapter, the oversight of which shall be the province of the Committee on Buildings and Grounds or its successor.

 

3508.2The Superintendent of Schools may redelegate to subordinate officials of the School System authority vested in him or her under this chapter; provided, that the subdelegation shall be evidenced by written directive.

 

3508.3In the implementation of this chapter, the Superintendent is authorized to enter into agreements and understandings with the Mayor and officials of the Executive Branch and into negotiated services contracts with contractors to facilitate and strengthen the School System’s leasing authority.

 

3508.4The Superintendent or his or her designee shall establish and maintain liaison with appropriate officials within the District of Columbia Government responsible for assuring compliance with applicable codes and licensing requirements of the District of Columbia Government.

 

3508.5The Superintendent or his or her designee shall have the following responsibilities:

 

(a)The surveying of school facilities and identification of space suitable for use or leasing;

 

(b)The advertising and soliciting of potential users and tenants;

 

(c)The processing of all applications;

 

(d)The negotiation of leases and use agreements;

 

(e)The monitoring and review of all leases and use agreements; and

 

(f)The submission of information necessary for the Board of Education to acquit its responsibilities under this chapter.

 

3508.6Pursuant to D.C. Law 4-158, all rents, fees, and proceeds derived from leases and use agreements entered into shall be paid to the Treasury of the District of Columbia and accounted from in the general fund as a separate revenue source allocable to provide authority for the Board of Education to expend for the custody, cleaning, heating, air conditioning, lighting, maintenance, security, and improvement of public school buildings and grounds, and the management of these leases and use agreements.

 

3508.7Any unobligated balance remaining ninety (90) days subsequent to the end of the fiscal year in which the revenues were received shall be transferred by the Board of Education to the debt service fund to be applied toward the repayment of capital outlay loans and interest outstanding on public school buildings and grounds acquired and held for school purposes.

 

3508.8The Superintendent shall be responsible for developing priority needs of the School System for which revenues will be expended, subject to revision by the Board of Education.

 

3508.9The Superintendent shall prepare for the Board of Education the report required under D.C. Law 4-158, to be submitted to the Mayor and the Council of the District of Columbia by January 15th of each year.

 

source

Final Rulemaking published at 30 DCR 5849, 5861 (November 11, 1983).