§36-36  School physical plant operations andmaintenance account; maintenance schedule.  (a)  There is created in thestate general fund under EDN 400 (school support) the school physical plantoperations and maintenance account, into which shall be deposited alllegislative appropriations to the account.

The moneys in the account shall be used solelyfor school repairs and preventive maintenance projects scheduled after June 30,2001.  Expenditures from the account shall be subject to sections 37-31 and 37-33to 37-40.  Based on the prioritization approved by the department of educationas prescribed by section 302A-1505, appropriations or authorizations from theaccount shall be expended by the superintendent of education.

(b)  Every school facility newly constructed orrenovated after June 30, 2001, shall include a preventive maintenance scheduleprepared by the architect or engineer of the facility or the capitalimprovement project.  The maintenance schedule shall include:

(1)  A description of each major component of afacility or capital improvement project and the component's maintenance;

(2)  The starting date of each maintenance project;

(3)  The current, future, and any recurring cost ofeach maintenance project;

(4)  The useful life of the facility or capitalimprovement project;

(5)  The present value of the cost of normallyscheduled maintenance over the useful life of the facility;

(6)  The adjusted life of the facility or capitalimprovement project; and

(7)  The replacement date of the facility or capitalimprovement project.

(c)  Moneys in physical plant operations andmaintenance account shall be allocated according to departmental schooldistricts based on:

(1)  Estimated preventive and scheduled maintenancecosts that reflect the age and condition of existing school facilities in theState in the following categories:  re-roofing, electrical, athleticfacilities, re-surfacing, equipment, exterior painting, plumbing, structuralintegrity, termite ground treatment, termite tent treatment, interior painting,air conditioning change out, and re-carpeting; and

(2)  Budgeted recurring maintenance, health and safetyrequirements, and legal mandates.

(d)  The expenditure of funds made under thisAct for any project with an estimated total cost of less than $100,000 shall beexempt from section 464-4; provided that:

(1)  The superintendent of education shall developinternal policies and procedures for the procurement of goods, services, andconstruction, consistent with the goals of public accountability and publicprocurement practices, subject to chapter 103D;

(2)  Insofar as is practical, and based onspecifications developed, adequate and reasonable competition of no fewer thanthree quotations shall be solicited for each project based on rules adopted bythe superintendent of education;

(3)  Considering all factors, including quality,warranty, and delivery, the award shall be made to the vendor with the mostadvantageous quotation;

(4)  The procurement requirements shall not beartificially divided or parceled so as to avoid competitive bidding orcompetitive proposals; and

(5)  Formal design for projects shall be done whenthere is a clear need to preserve structural integrity, health and safety, orto clearly communicate construction requirements.

(e)  The superintendent of education shallsubmit an annual report to the legislature, which shall include a financialstatement of the account and the status of school repair and preventivemaintenance projects undertaken pursuant to this section, no later than twentydays prior to the convening of each regular session.  The department ofeducation shall post the following reports electronically on the Internet andupdate them quarterly:

(1)  Expenditures for school repair and preventivemaintenance projects undertaken pursuant to this section, shall be postedwithin thirty days of each project's completion; and

(2)  A list of each school's repair and maintenanceneeds to be undertaken. [L 2001, c 316, pt of §2; am L 2003, c 188, §5; am L2004, c 51, §51 and c 216, §7]