NO. 12. AN ACT RELATING TO RENEWAL OF CONTRACTS FOR PURCHASE OF SERVICES BY A SCHOOL DISTRICT.

(H.147)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 16 V.S.A. 559 is amended to read:

559. PUBLIC BIDS

(a) When the cost exceeds $10,000.00 $15,000.00. When A school board or supervisory union board shall publicly advertise or invite three or more bids from persons deemed capable of providing items or services if costs are in excess of $15,000.00 for any of the following:

(1) the cost construction, purchase, lease, or improvement of any school building, improvement,;

(2) the purchase or lease of any item or items required for supply, equipment, maintenance, repair or transportation service of any sort exceeds the sum of $10,000.00, a school board or supervisory union board shall publicly advertise or invite three or more bids from persons deemed capable of providing the items or service to be purchased, or transportation of students; or

(3) a contract for transportation, maintenance, or repair services.

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(e) Application of this section. Any contract entered into or purchase made in violation of the provisions of this section shall be null and void; provided, however, that:

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(5) nothing in this section shall prevent school districts or supervisory unions from entering into agreements with other school districts or supervisory unions to conduct joint bidding procedures otherwise consistent with this section; and

(6) nothing in this section shall require a school board to invite or advertise for bids if it elects to purchase goods, materials or supplies through the commissioner of buildings and general services, pursuant to chapter 49 of Title 29; and

(7) nothing in this section shall require a school board or supervisory union board to invite or advertise for bids if it is renewing a contract entered into pursuant to subsection (a) of this section provided that annual costs will not increase more than the most recent Cumulative Price Index, as of December 1, for state and local government purchases of goods and services, the total amount of the contract does not exceed an increase of 30 percent more than the total amount of the original contract, and the contract for the renewal period allows termination by the board following an annual review of performance.

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Sec. 2. 16 V.S.A. 562(7) is amended to read:

(7) May authorize the school board to enter into leases of real or personal property for more than three years, to purchase buildings or sites for school purposes, to locate and erect schoolhouses, and to sell, or otherwise dispose of, schoolhouses or sites for same;

Sec. 3. 16 V.S.A. 1221 is amended to read:

1221. CONTROL AND REGULATION

The board of school directors shall control and regulate the transportation and board of pupils in the schools under its charge as hereinafter provided, and contracts therefor shall be made by it. To properly transport such pupils properly, the board may purchase, maintain and operate the necessary equipment in the name of the school district pursuant to section 559 of this title. Contracts for transportation may be made for a term of not exceeding three years. Upon vote of the town school district, contracts may be made for more than three years but not to exceed five years.

Approved: May 6, 2003