F – FACILITY EXPANSION PROGRAM

FA Goals and Objectives/Authority

FD Long-Range Planning – New Schools – Facilities Planning

FDC Naming New Facilities/Renaming

FDD Administration of Sixteenth Section Land

FDDD Sixteenth Section Land, Reclassification

FDDDD Sixteenth Section Land, Forrester Management Services

Contract

FEAB Architects/Engineers/Contractors

FFA Bond Sales (Also DFD)

FFF State Loans and Grants

FFG Federal Loans and Grants

FGB Site Acquisition Procedures/Purchase of Real Property

FGD Contracts for School Construction

FGDB Contract Awards Procedure

FI Temporary Facilities to Meet Expansion Needs

The Board of Trustees has the power, authority, and duty to have the responsibility for theerection, repairing, and equipping of school facilities and the making of necessary schoolimprovements.

Therefore, it is the goal of the Board of Trustees to seek funds to provide the facilities needed forthe number of students in the Picayune School District and to provide the type of facilities thatwill best accommodate and support the educational program.

FACILITY GOALS/AUTHORITY FA

The Board of Trustees shall approve a long-range school facilities plan. Developed in strictaccordance with design safety and related minimum State school facility standards, all facilityplans shall be submitted to the State Department of Education.

LONG-RANGE PLANNING – NEW SCHOOLS/FACILITIES FD

PLANNING

The Superintendent shall be directed to recommend to the Board of Trustees the process forselecting the name or renaming of any school facility. The Board of Trustees shall have finalapproval of both the process of selection and the naming or renaming of the facility. As a rule,the Board of Trustees will follow a policy of not naming a building for an individual unless theperson is providing the funding to build the facility.

NAMING OR RENAMING NEW FACILITIES FDC

The Superintendent shall be responsible to the Board of Trustees for the administration of lawgoverning 16th Section land management under their control as outlined in the Mississippi Code. The Superintendent’s designee is to act for him/her in carrying out this responsibility and reportto him/her recommendations to the Board of Trustees.

ADMINISTRATION OF SIXTEENTH SECTION LAND FDD

SECTION 1

1. Sixteenth Section lands, or any lands granted in Lieu of Sixteenth Section lands,classified as agricultural may be leased for the cultivation of rice, or pasturage, for a termnot to exceed ten (10) years. All other Sixteenth Section or Lieu lands classified asagricultural may be leased for a term not exceeding five (5) years. All leases of landclassified as agricultural shall be for a term to expire on December 31. Except in thosecases when the holder of an existing lease or agricultural land elects to re-lease such land,as authorized under this subsection, it shall be the duty of the Board of Trustees to leasethe Sixteenth Section or Lieu lands at public contract after having advertised such landsfor rent in a newspaper published in the county or, if no newspaper is published in thecounty, then in a newspaper having a general circulation therein, for two (2) successiveweeks, the first being at least ten (10) days before the public contract. The lease form andthe terms so prescribed shall be on file and available for inspection in the Office of theSuperintendent from and after the public notice by advertisement and until finallyaccepted by the Board of Trustees.

However, before the expiration of an existing lease of land classified as agricultural land,except as otherwise provided in subsection (2) for lands intended to be reclassified, theBoard of Trustees, in its discretion and subject to the prior approval of the Secretary ofState, may authorize the holder of the existing lease to re-lease the land, on no more thanone (1) occasion, for a term not to exceed five (5) years and for a rental amount that is noless than One Hundred Twenty Percent (120%) of the total rental value of the existinglease. If the holder of the existing lease elects not to re-lease the land, the Board ofTrustees shall publish an advertisement of agricultural land for rent which publicationshall be not more than four (4) months before the expiration of the term of an existinglease of the land. An election by the holder of the existing lease not to re-lease the landshall not preclude his participation in the bidding process established under this section. Subject to the classification of the land, the Board of Education shall enter into a newlease on agricultural land before the expiration of an existing lease on the same land, andthe new lease shall take effect on the day immediately following the day on which theexisting lease expires. The Board of Trustees may require bidders to furnish bond orsubmit evidence of financial ability.

Bids received by the Board of Trustees in response to the advertisement shall be openedat a regular or special meeting of the Board of Trustees. The Board of Trustees, at itsoption, may reject all bids or accept the highest and best bid received in response to theadvertisement, or the Board of Trustees may hold an auction among those who submittedbids in response to the advertisement. If the Board of Trustees elects to hold an auction,no bidder shall be granted any preference. The opening bid at the auction shall be highestbid received in response to the advertisement.

SIXTEENTH SECTION LAND, RECLASSIFICATION FDDD

2. If, during the final year of an existing lease, the Board of Trustees notifies the holder ofthe existing lease that the Board of Trustees intends to reclassify the land under Section§29-3-39, the holder of the existing lease may re-lease the land for a term of five (5) yearsand for a rental amount that is equal to One Hundred Twenty Percent (120%) of the totalrental value of the then existing lease. Thereafter, the Board of Trustees shall have theoption to proceed with the reclassification of the land or may re-lease the land for one (1)additional term of five (5) years after advertising for bids or holding an auction in thesame manner as provided in subsection (1) of this section, and the new classification willbe implemented upon the expiration of the then existing lease. This subsection does notapply if the Board of Trustees intends to reclassify the land under the “commercial” or“industrial” land classification based on a valid business proposal presented to andapproved by the Board of Trustees.

3. (a) If the Board of Trustees receives an acceptable bid in response to the advertisementand elects not to hold an auction among those submitting bids, then the holder of theexisting lease may submit a second bid in an amount not less than One Hundred FivePercent (105%) of the highest acceptable bid received if the holder of the existing lease:(i) submitted a bid in response to the advertisement; and (ii) constructed or madeimprovements on the leasehold premises after receiving approval of the Board of Trusteesduring the term of the existing lease. For purposes of this subsection, the term“improvements” shall not include any work or items that are done customarily on anannual basis in the preparing, planting, growing, cultivating, or harvesting of crops orother farm products.

(b) If the holder of the existing lease elects to submit a second bid, the Board of Trusteesshall hold an auction among those who submitted bids in response to the advertisement. The opening bid at the auction shall be the second bid of the holder of the existing lease. However, no leaseholder may submit a second bid if: (i) any rent, taxes, or other paymentrequired under his/her lease are past due; or (ii) he/she is otherwise in default of any termor provision of the lease and such default has not been corrected or cured to thesatisfaction of the Board of Trustees after more than thirty (30) days notice to theleaseholder of the default.

(c) If an auction is held, the auction may be conducted at the meeting at which bids areopened or at a subsequent regular or special meeting. The Board of Trustees shallannounce the time and place of the auction at the meeting at which bids are opened, andno further notice of the auction is required.

(d) If no bid acceptable to the Board of Trustees is received after the advertisement or atauction, the Board of Trustees may lease, within ninety (90) days, the lands by privatecontract for an amount greater than the highest bid previously rejected in order to acquirea fair rental value for the lands. If no bids are received in response to the advertisement,the Board of Trustees may negotiate a private contract for a fair rental value, and the termof such contract shall expire on December 31 of the same calendar year in which thecontract is made. The Board of Trustees may take the notes for the rent and attend to

their collection. The Board of Trustees has the right and remedies for the security andcollection of such rents given by law to the agricultural landlords.

(e) If an existing lease is terminated before the expiration of the term originally settherein, upon finding that immediate action is necessary to prevent damage or loss togrowing crops or to prevent loss of opportunity to lease the land for the current growingseason, the Board of Trustees may negotiate a private contract for a fair rental value, andthe term of such lease shall expire on December 31 of the same calendar year in whichthe contract is made.

(4) Any holder of a lease on agricultural land that: (a) was granted before July 1, 1997;and (b) has an expiration date on or after April 1 but before December 31 during the finalyear of the lease term, may extend the term of such lease to December 31 next followingthe expiration date originally provided for in the lease. If such lease is extended, the rentfor the period from the original expiration date in the lease to December 31 nextfollowing the original expiration date shall be One Hundred Five Percent (105%) of theannual rent provided in the existing lease prorated over the period of the lease extension. At the expiration of the extended lease term or at the expiration of the original lease termif the lease holder does not extend such lease, the land shall be offered for lease asprovided in subsections (1) and (2) of this section.

SECTION 2

This act shall take effect and be in force from and after July 1, 2009.

LEGAL REFERENCE: Section §29-3-81House Bill No. 88109/HR40/R976SGSection §29-3-39

SECTION 1

(1) (a) The Board of Trustees shall, by order placed upon its minutes, enter into an agreementwith the State Forestry Commission for the general supervision and management of all landsclassified as forest lands and of all timber or other forest products under the control of the Boardof Trustees on Sixteenth Section lands, and Lieu lands which have not been so classified.However, any Board of Trustees may contract with private persons or businesses for thereforestation of Sixteenth Section lands and may contract with a registered forester for a reviewof any forestry management decision or forestry practice including the sale of timber forSixteenth Section forest land subject to the approval of both the Commission and the Secretary ofState. When such agreement has been entered into, no timber or other forest products shall besold from any of the Sixteenth Section lands or Lieu lands except such as have been marked orapproved for cutting by the State Forestry Commission’s employees. The Forestry Commission,or its designated employee, shall fix the minimum total cash price or minimum price per unit,One Thousand (1,000) feet or other measure, at which the marked timber or other forest productsshall be sold. The sales may be made for a lump sum or upon a unit price as in the opinion of theBoard of Trustees may be calculated to bring the greatest return. Sales shall be made upon suchother terms and conditions as to the manner of cutting, damages for cutting of unmarked trees,damages to trees not cut and other pertinent matters as the Board of Trustees shall approve.

(b) The State Forestry Commission shall have the sole authority and control in scheduling of allcutting and harvesting of timber or other forest products when such timber stands or other forestproducts are determined by the State Forestry Commission to be economically ready for cuttingand harvesting.

(c) Should the Board of Trustees disagree with the Forestry Commission concerning the time ofcutting and harvesting, the Board of Trustees may make an appeal to the Forestry Commission ata regular monthly scheduled meeting of the Commission. If the Board of Trustees is not satisfiedafter the appeal to the commission, the Board of Trustees may then appeal to the Secretary ofState who will make the final decision as to the time for cutting and harvesting. In the event thatthe local Board of Trustees is divested of its management authority under subsection (3) hereof,the Secretary of State after due consultation with the Forestry Commission shall retain the rightto make final decisions concerning the management and sale of timber and other forest products.

(d) It is hereby made the duty of the State Forestry Commission, from time to time, to marktimber which should be cut from the lands, to determine what planting, deadening, or otherforestry improvements should be made, giving due consideration to food and habitat for wildlife,and to report to the appropriate Board of Trustees. The State Forestry Commission and theBoard of Trustees shall supervise the cutting of any timber or harvesting of other forest productssold from the lands herein designated and shall have authority to require any timber-cuttingoperations on the lands to cease until proper adjustment is made, whenever it shall appear that

SIXTEENTH SECTION LAND, FORRESTER MANAGEMENT FDDDD

SERVICES CONTRACT

timber is being cut in violation of the terms of the sale. In the event that it is desired to lease anyof such lands or standing timber for turpentine purposes, such lease shall only cover such trees asthe State Forestry Commission shall designate, and the commission through its employees shallapprove the number of faces, method of chipping and boxing of such timber, and shall fix aminimum total cash price or minimum price per unit.

(e) No sale of any timber, turpentine, or other forest products lease shall be made until notice ofsame shall have been published once a week for three (3) consecutive weeks in at least one (1)newspaper published in such county. The first publication of such notice shall be made not lessthan twenty-one (21) days prior to the date fixed for the sale, and the last publication shall bemade not more than seven (7) days prior to such date. If no newspaper is published in suchcounty, then such notice shall be given by publishing the same for the required time in somenewspaper having general circulation in such county and in addition thereto by posting a copy ofsuch notice for at least twenty-one (21) days preceding such sale at three (3) public places in suchcounty.

(f) Notwithstanding the above provision pertaining to the sale of any timber, turpentine, or otherforest products, in the event that timber must be cleared from an existing road or existing utilityright-of-way, the public notice requirement may be waived. Prior to waiver of the public noticerequirement, the State Forestry Commission must make a finding that, due to the small area oftimber to be cleared, a public notice sale would not be in the best interest of the local Board ofTrustees. If the State Forestry Commission makes such a finding, then it shall set the value ofthe timber to be paid to the local Board of Trustees by the party requesting the timber beremoved.

(g) Provided, however, in the case of damage by fire, windstorm, or other natural causes whichwould require immediate sale of the timber, because the time involved for advertisement asprescribed herein would allow decay, rot, or destruction substantially decreasing the purchaseprice to be received had not such delay occurred, the advertisement provisions of this sectionshall not apply. The local Board of Trustees, with a written recommendation from a designatedemployee of the State Forestry Commission filed in the minutes of the local Board of Trustees,shall determine when immediate sale of the timber is required. When the Board of Trustees shallfind an immediate sale necessary for the causes stated herein, it shall, in its discretion, set thetime for receipt of bids on the purchase of the timber, but shall show due diligence in notifyingcompetitive bidders so that a true competitive bid shall be received.

(2) (a) A local Board of Trustees having control of the Sixteenth Section lands in the HurricaneKatrina Disaster of 2005 shall be granted emergency powers to take any and all actions of areasonably prudent trustee acting under emergency conditions to recover damaged timber,prevent further loss or damage to timber, and to minimize economic loss. All such actions shallbe taken in consultation with and shall be subject to the prior approval from the Secretary ofState and the State Forestry Commission. The emergency powers shall be as follows:

(i) Contract with any individual or entity for management advice, sale of timber, clearingof damage to timber producing lands, transporting of timber, repairing access roads to timber

lands, conducting aerial spraying, or taking any other type of action to prevent further loss oftimber or diminution in value of existing timber as the result of the incident which necessitatedthe declaration of a natural disaster. In contracting with any individual or entity, the local Boardof Trustees shall use its best efforts to assure that all costs incurred are reasonable and that a fairprice is received for all sales.

(ii) Enter into agreements with any individual, private company, or other governmentalentities for the pooling of resources, or the sharing of costs so as to maximize the mitigation ofloss and minimize the expense of mitigating the loss of timber.

(iii) Apply for any State, federal, or private party grant or nonrepayable funds to covercosts associated with emergency management contracts, sale timber, including loss fordiminution of value, transporting of timber, replanting of timber, repairing access roads totimber, conducting aerial spraying, or reimbursement for any other action taken to prevent furthertimber damage, as well as mitigating the loss of funds due to damage.

(b) The emergency powers granted herein shall be for a period of one (1) year from the date ofdesignation as a disaster area due to Hurricane Katrina. The emergency powers may be extendedfor one (1) additional one-year period upon prior written approval from the Secretary of State.

(c) The emergency powers shall also apply to the management of timber by the Secretary of Statepursuant to subsection (3) of this section.

(d) In the event a local Board of Trustees is unable to acquire the services of the State ForestryCommission or the Secretary of State to meet an immediate need to salvage, remove, or takeother appropriate action on damaged timber, the local Board of Trustees shall unilaterally begranted the authority to take such actions as necessary regarding the management or sale oftimber or other forest products.

(e) In exercising emergency powers, a local Board of Trustees or the Secretary of State shallexercise the general powers of a Trustee with the same general restrictions and general liabilitiesof a Trustee and shall exercise the care and skill of an ordinary prudent person to protect thebeneficiaries of the trust under such emergency circumstances.

(f) Any contractor with a local Board of Trustees or the Secretary of State shall be entitled to relyon representations by such Board of Trustees or the Secretary of State as to who has authority toenter contracts for the management or sale of timber or other forest products, and reliance onsuch representations shall not be grounds for voiding any contract.

(3) (a) In the event that any member of a local Board of Trustees may have a personal interest,either direct or indirect, in the decisions regarding the management or sale of timber or otherforest products or in a contract for the sale of timber or other forest products from SixteenthSection school lands under the jurisdiction and control of the Board of Trustees, then the Boardof Trustees shall automatically be divested of all authority and power to manage and sell timberor other forest products on Sixteenth Section lands under its control and jurisdiction. The

divestiture shall extend for the period of service, and for one (1) year thereafter, of a member ofthe Board of Trustees having a direct or indirect personal interest in the sale or decision to selltimber or other forest products.

(b) During the time in which any local Board of Trustees may be divested of authority and powerto manage and sell timber and other forest products, such authority and power shall be vested inthe Secretary of State, as supervisory Trustee of Sixteenth Section lands. Upon the appointmentor election of a member of a local Board of Trustees who may have such an appointment orelection of a member of a local Board of Trustees who may have such an interest in decisions andcontracts regarding the management and sale of timber or other forest products, the Board ofTrustees shall immediately notify the Secretary of State in writing. Likewise, the Board ofTrustees shall give written notification to the Secretary of State within thirty (30) days prior tothe expiration of any such divestiture period. Any contractor with a local Board of Trustees orthe Secretary of State shall be entitled to rely on representations by such Board of Trustees or theSecretary of State as to who has authority to enter into contracts for the management or sale oftimber or other forest products, and reliance on such representations shall not be grounds forvoiding any contract.

(c) The laws providing for the management and sale of timber and other forest products by alocal Board of Trustees shall apply to the management and sale of timber and other forestproducts by the Secretary of State. The Mississippi Forestry Commission shall provide theSecretary of State with advice and services in the same manner as provided to a local Board ofTrustees.

(d) The Secretary of State shall be paid all monies derived from the sale of timber or other forestproducts and shall promptly forward the same to the Superintendent for such school district withinstructions for the proper settlement, deposit, and investment of the monies. Such local Boardof Trustees shall reimburse the Secretary of State for all direct costs relating to the managementand sale of timber or other forest products, and in the case of a sale of timber or other forestproducts, the Secretary of State may deduct such direct cost from the proceeds of sale. TheSecretary of State shall furnish an itemized listing of all direct costs charged to the local schooldistrict.

SECTION 2.

It shall be the duty of the State Forestry Commission, in the manner provided in Section §29-3-45, to enter into agreements for timber improvement purposes with the Board of Trustees uponthe request of the Board of Trustees. The contract shall provide for the carrying out of a longterm program of timber improvement, including any or all of the following: the deadening ofundesirable hardwoods, the planting of trees, the cutting and maintaining of fire lanes, and theestablishment of marked boundaries on all lands classified as forest lands in the agreements,which provide for the reimbursement of all current costs incurred by the State ForestryCommission and the carrying out of the duties required by such agreements. In the alternative,the Commission, in its discretion, may have the option to contract with a private contractor,subject to the approval of the Board of Trustees, to perform this work under the supervision of

the Commission. Payment of the reimbursements as hereinabove set forth to the ForestryCommission, or of compensation due under any such contract with private contractors shall bemade upon presentation of itemized bills by the Commission or the private contractors, as thecase may be, and may be made out of any Sixteenth Section funds to the credit of, or accuring to,any school district in which such work shall be done, or out of any other funds available to suchdistrict excluding Mississippi Adequate Education Program funds.

SECTION 3.

This act shall take effect and be in force from and after July 1, 2009.

LEGAL REFERENCE: Section §29-3-45Section §29-3-49S.B. No. 2947, 2009 Legislative Session09/SS02/R949CS.1

The Board of Trustees, on recommendation of the Superintendent, shall approve architects andengineers required to perform various professional services regarding major construction.

EMPLOYMENT OF CONTRACTORS, ARCHITECTS, AND FEAB

ENGINEERS

The Board of Trustees is authorized to issue negotiable bonds of the Picayune School District toraise money for the following purposes in accordance with State law:

a. Erecting, repairing, equipping, remodeling and enlarging school buildings and relatedfacilities, including gymnasiums, auditoriums, cafeterias, vocational training buildings,libraries, teachers’ homes, school barns, transportation vehicles, and garages fortransportation vehicles, and purchasing land therefor;

b. Establishing and equipping school athletic fields and necessary facilities connectedtherewith, and purchasing land therefor;

c. Providing necessary water, light, heating, air conditioning, and sewage facilities forschool building, and purchasing land therefor; and

d. Paying part of the costs to be incurred in erecting, repairing, equipping, remodeling, andenlarging school buildings and related facilities which are owned and operated by State-supported institutions of higher education as a demonstration or practice school attendedby pupils, grades one or more, or parts of grades from the educable children of suchschool district pursuant to a contract or agreement between said institution and saidschool district.

The authority to issue the bonds hereinabove set forth shall include the authority for this Board ofTrustees to spend the money for the purposes for which said money is raised.

FACILITY EXPANSION BOND SALES FFA/DFD

The Picayune School District may apply to the State Educational Finance Commission for fundsfor capital outlay and improvements.

The Picayune School District shall comply with appropriate State statutes in applying for andusing such funds.

The principal fund shall be a permanent township fund which shall consist of funds heretofore or hereafter derived from certain uses or for certain resources of school trust lands which shall beinvested and, except as otherwise provided in this section, only the interest and income derivedfrom such funds shall be expendable by the Picayune School District.

The principal fund shall consist of:

(a) Funds received for easements and rights-of-way pursuant to Section §29-3-91;

(b) Funds received for sales of Lieu land pursuant to Section §29-3-15 through Section §29-3-25;

(c) Funds received from any permanent damage to the school trust land;

(d) Funds received from the sale of nonrenewable resources including but not limited to thesale of sand, gravel, dirt, clays, and royalties received from the sale of mineral ores, coal,oil, and gas;

(e) Funds received from the sale of buildings pursuant to Section §29-3-77; and

(f) Funds received from the sale of timber.

It shall be the duty of the Board of Trustees to keep the principal fund invested in any directobligation issued by or guaranteed in full as to principal and interest by the United States ofAmerica or in certificates of deposit issued by a qualified depository of the State of Mississippias approved by the State Treasurer. The certificates of deposit may bear interest at any rate perannum which may be mutually agreed upon but in no case shall said rate be less than that paid onpassbook savings.

The Board of Trustees is likewise authorized to invest said funds in interest bearing deposits orother obligations of the types described in Section §27-105-33, as the same now is or mayhereafter be amended, or any other type investment in which any other agency, instrumentality orsubdivision of the State of Mississippi may invest, except that One Hundred Percent (100%) ofsaid funds are hereby authorized to be so invested. For the purposes of investments, the principalfund of each township may be combined into one or more Picayune School District accounts;however, the docket book of the County Superintendent shall at all times reflect the proper

FACILITY EXPANSION STATE LOANS AND GRANTS FFF

source of such funds. Provided that funds received from the sale of timber shall be placed in aseparate principal fund account, and may be expended for any of the purposes authorized by law.

The Board of Trustees shall have authority to borrow such funds at a rate of interest not less thanFour Percent (4%) per annum and for a term not exceeding twenty (20) years, for the erection,equipment, or repair of said district schools, to provide local funds for any building projectapproved by the State Board of Education or to provide additional funds for forest standimprovement as set forth in Section §29-3-47. In addition, the Board of Trustees may borrowsuch funds under the same interest restrictions for a term not exceeding ten (10) years to providefunds for the purchase of school buses. The Board of Trustees of any school district in anycounty that has an aggregate amount of assets in its principal fund in excess of Five MillionDollars ($5,000,000.00), may deduct an amount not to exceed Five Hundred Thousand Dollars($500,000.00) for the purpose of covering the cost of asbestos removal from school districtbuildings. Such asbestos removal shall be construed to constitute the repair of school districtfacilities as prescribed in Section §29-3-115.

No school land trust funds may be expended after the annual payment date until the payment ismade on such loan. The annual payment can be made from any funds available to the PicayuneSchool District except Mississippi Adequate Education Program funds.

It shall be unlawful for the Board of Trustees to borrow any Sixteenth Section school funds inany other manner than that prescribed herein, and if any such funds shall be borrowed or investedin any other manner, any officer concerned in making such loan and investment or suffering thesame to be made in violation of the provisions of this section, shall be liable personally and onhis/her official bond for the safety of the funds so loaned. Section §29-3-113 (1997)

LEGAL REFERENCE: Section §29-3-91Section §29-3-15 through Section §29-3-25Section §29-3-77Section §27-105-33Section §29-3-47Section §29-3-115Section §29-3-113 (1997)

CROSS REFERENCE: Board Policy DFL – INVESTMENT EARNINGS

As appropriate, the Board of Trustees may seek funds from federal sources to help defray thecosts of capital outlay and improvements to school facilities of the Picayune School District.

FEDERAL LOANS AND GRANTS FFG

In strict accordance with the State law and city codes, the Board of Trustees may purchaseproperty for the purpose of school construction or renovation of existing school facilities.

PURCHASE OF REAL PROPERTY – SITE ACQUISITION FGB

PROCEDURES

Contracts for the renovation or construction of school facilities shall be developed in strictaccordance with local and State codes and shall be approved by the Board of Trustees. Allconstruction contracts shall include materials and labor bond requirements, liability insurancerequirements, and assurance of compliance with federal and State personal safety regulations.

Term Contract Authorization.

(i) All contracts for the purchase of commodities and equipment may be let for periods ofnot more than sixty (60) months in advance, and public construction (including, but notlimited to, repair and maintenance), may be let for periods of not more than forty-eight(48) months in advance, and all shall be subject to applicable statutory provisionsprohibiting the letting of contracts during specified periods near the end of terms ofoffice. Term contracts for a period exceeding twenty-four (24) months shall also besubject to ratification or cancellation by governing authority boards taking officesubsequent to the governing board entering the contract. Construction term contractsshall be limited to a total expenditure of Seven Hundred Fifty Thousand Dollars($750,000.00) for any two-year period with a single vendor and shall be limited to TwoHundred Fifty Thousand Dollars ($250,000.00) for individual project expenditures. Construction contract vendors shall hold a current certificate of responsibility number inthe appropriate classification as submitted by the Mississippi Board of Public Contractorsfor any aggregate bid in excess of Fifty Thousand Dollars ($50,000.00). Constructioncontracts are not subject to the cost index increases as listed in subparagraph (ii) of thisparagraph. “Job order construction contracting” means services using a selection methodthat requires contractors to submit qualifications and prices based on wage rates inclusiveof fringes and burden, plus a pricing matrix for markups on materials and subcontractors. “On call contracting” means the ability of state agencies or governing authorities tocontinue to call upon successful bidders selected under the term or job order contractingprocess to conduct additional construction services. The contractor shall be required tobid all subcontractor work under this provision and the State agency or governingauthority shall receive and open the bids with the contractor present at the bid opening. The State agency or governing authority may supply all materials for the work under theon-call method with no additional markup, if the materials can be purchased off of statecontracts or at a lesser price than the contractor would be able to procure. However,acquisition of all material shall be in accordance with Section §37-7-13. After a Stateagency or governing authority has prepared appropriate scope documents and performedappropriate review, it shall advertise for bids and shall award and file contracts for thecontemplated work in accordance with paragraph (c). Additional on-call work may beawarded based upon the initial bid within the same fiscal year. The qualified bidderoffering the best value for the State agency or governing authority shall be selected toperform the construction services identified in the construction specifications. It is aviolation for State agencies and governing authorities to offer a contract to a vendor who

does not meet the requirements set forth in Section §31-3-1, et seq. The expenditure

CONTRACTS FOR SCHOOL CONSTRUCTION FGD

limitations provided in this subparagraph (i) shall not apply to public utility constructioncontracts or Mississippi Department of Transportation construction contracts.

(ii) Bid proposals and contracts may include price adjustment clauses with relation to the costto the contractor based upon a nationally published industry-wide or nationally publishedand recognized cost index. The cost index used in a price adjustment clause shall bedetermined by the Department of Finance and Administration for the State agencies andby the governing board for governing authorities. The bid proposal and contractdocuments utilizing a price adjustment clause shall contain the basis and method ofadjusting unit prices for the change in the cost of such commodities, equipment andpublic construction.

LEGAL REFERENCE: Section §37-7-13Section §31-3-1, et seq.

All contracts for capital improvements by the Picayune School District which are financed inwhole or in part with funds from the State Public School Building Fund pursuant to anapplication approved by the Commission shall be awarded and entered into upon receipt ofsealed bids or proposals after the time and place of letting such contracts and the manner ofbidding have been duly advertised. The contract shall be let and awarded to the lowest and bestbidder but the Board of Trustees shall have the power to reject any and all bids. No such contractshall be finally awarded or entered into without the prior written approval of the Commission. Itis hereby expressly provided that in order to bid upon and be awarded contracts for theconstruction of school facilities under the provisions of this chapter if such contract, subcontractor undertaking is less than Fifty Thousand Dollars ($50,000.00), it shall not be necessary that thebidder obtain a Certificate of Responsibility from the Board of Public Contractors under theprovisions of Chapter 3, Title 31, of the Mississippi Code of 1972, or otherwise be qualifiedunder said chapter, and none of the provisions of said chapter shall be applicable to suchcontracts for the construction of school facilities under the provisions hereof. Notwithstandingthe foregoing provisions of this section or any other provision of law, the contract forconstruction of a secondary vocational and technical training center for exclusive use andoperation by a county school district may be entered into and awarded by the Board of Trusteesof a Junior College district where a grant of federal funds by the Appalachian Commission hasbeen made to the Board of Trustees of such Junior College district to assist in financingconstruction of such secondary vocational and technical training facility for such county schooldistrict. Section §37-47-29 (1996)

In the letting of public contracts, preference shall be given to resident contractors, and anonresident bidder domiciled in a State, city, county, parish, nation, or political subdivisionhaving granting preference to local contractors shall be awarded Mississippi public contracts onlyon the same basis as the nonresident bidder’s State, city, county, parish, nation, or politicalsubdivision awards contracts to Mississippi contractors bidding under similar circumstances. Resident contractors actually domiciled in Mississippi, be they corporate, individuals orpartnerships, are to be granted preference over nonresidents in awarding of contracts in the samemanner and to the same extend as provided by the laws of the State, city, county, parish, nation,or political subdivision of domicile of the nonresident. Section §31-7-47 (1995)

LEGAL REFERENCE: Section §37-47-29 (1996)Section §31-7-47 (1995)

CROSS REFERENCE: Board Policy FA – FACILITY GOALS AND OBJECTIVES

PROJECT ADMINISTRATION CONTRACT AWARDS FGDB/DJED

PROCEDURE

If it should become necessary, the Board of Trustees shall approve the use of portableclassrooms. However, the use of such classrooms shall be temporary.

TEMPORARY SCHOOL FACILITIES FI