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



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



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



(1)  A description of each major component of a
facility 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 of
each maintenance project;



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



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



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



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



(c)  Moneys in physical plant operations and
maintenance account shall be allocated according to departmental school
districts based on:



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



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



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



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



(2)  Insofar as is practical, and based on
specifications developed, adequate and reasonable competition of no fewer than
three quotations shall be solicited for each project based on rules adopted by
the superintendent of education;



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



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



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



(e)  The superintendent of education shall
submit an annual report to the legislature, which shall include a financial
statement of the account and the status of school repair and preventive
maintenance projects undertaken pursuant to this section, no later than twenty
days prior to the convening of each regular session.  The department of
education shall post the following reports electronically on the Internet and
update them quarterly:



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



(2)  A list of each school's repair and maintenance
needs to be undertaken. [L 2001, c 316, pt of §2; am L 2003, c 188, §5; am L
2004, c 51, §51 and c 216, §7]