S05069 Summary:

BILL NO    S05069 

SAME AS    No same as 

SPONSOR    FLANAGAN

COSPNSR    

MLTSPNSR   

Amd S305, Ed L

Relates to transportation contract pricing benchmarks.
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S05069 Actions:

BILL NO    S05069 

04/29/2015 REFERRED TO EDUCATION
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S05069 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5069

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                    April 29, 2015
                                      ___________

       Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education

       AN ACT to  amend  the  education  law,  in  relation  to  transportation
         contract pricing benchmarks

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph (a) of subdivision  14  of  section  305  of  the
    2  education law, as amended by chapter 273 of the laws of 1999, is amended
    3  to read as follows:
    4    a.  All  contracts  for  the  transportation  of  school children, all
    5  contracts to maintain school buses owned or leased by a school  district
    6  that  are  used for the transportation of school children, all contracts
    7  for mobile instructional units, and all contracts to  provide,  maintain
    8  and  operate  cafeteria  or restaurant service by a private food service
    9  management company shall be subject to the approval of the commissioner,
   10  who may disapprove a proposed contract if,  in  his  opinion,  the  best
   11  interests  of  the district will be promoted thereby. Except as provided
   12  in paragraph e of this subdivision,  all  such  contracts  involving  an
   13  annual  expenditure  in  excess  of  the  amount  specified for purchase
   14  contracts in the bidding requirements of the general municipal law shall
   15  be awarded to the lowest responsible bidder, which responsibility  shall
   16  be  determined  by  the board of education or the trustee of a district,
   17  with power hereby vested in the commissioner to reject any or  all  bids
   18  if,  in his opinion, the best interests of the district will be promoted
   19  thereby and, upon such rejection of all  bids,  the  commissioner  shall
   20  order  the board of education or trustee of the district to seek, obtain
   21  and consider new proposals. All proposals for such transportation, main-
   22  tenance, mobile instructional units, or cafeteria and restaurant service
   23  shall be in such form as the commissioner may prescribe.   Advertisement
   24  for  bids  shall be published in a newspaper or newspapers designated by
   25  the board of education or trustee of the district having general  circu-
   26  lation  within  the  district for such purpose. Such advertisement shall
   27  contain a statement of the time when and place where all  bids  received
   28  pursuant  to  such advertisement will be publicly opened and read either

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10726-01-5
       S. 5069                             2

    1  by the school authorities or by a person or persons designated by  them.
    2  All  bids  received  shall  be  publicly opened and read at the time and
    3  place so specified. At least five days shall elapse  between  the  first
    4  publication  of  such  advertisement  and  the date so specified for the
    5  opening and reading of bids. The  requirement  for  competitive  bidding
    6  shall  not  apply  to  an  award of a contract for the transportation of
    7  pupils or a contract for mobile instructional units, if  such  award  is
    8  based  on  an  evaluation  of  proposals  in  response  to a request for
    9  proposals pursuant to paragraph e of this subdivision.  The  requirement
   10  for competitive bidding shall not apply to annual, biennial, or trienni-
   11  al  extensions  of  a contract nor shall the requirement for competitive
   12  bidding apply to  quadrennial  or  quinquennial  year  extensions  of  a
   13  contract involving transportation of pupils, maintenance of school buses
   14  or mobile instructional units secured either through competitive bidding
   15  or  through  evaluation  of  proposals  in  response  to  a  request for
   16  proposals pursuant to paragraph e of this subdivision, when such  exten-
   17  sions  (1)  are  made  by  the  board  of  education or the trustee of a
   18  district, under rules and regulations prescribed  by  the  commissioner,
   19  and,  (2)  do  not extend the original contract period beyond five years
   20  from the date cafeteria and restaurant service commenced thereunder  and
   21  in the case of contracts for the transportation of pupils, for the main-
   22  tenance  of  school  buses  or for mobile instructional units, that such
   23  contracts may be extended, except that power is  hereby  vested  in  the
   24  commissioner, in addition to his existing statutory authority to approve
   25  or disapprove transportation or maintenance contracts, (i) to reject any
   26  extension of a contract beyond the initial term thereof if he finds that
   27  amount  to be paid by the district to the contractor in any year of such
   28  proposed extension fails to reflect any decrease in the regional consum-
   29  er price index for the N.Y., N.Y.-Northeastern, N.J.  area,  based  upon
   30  the  index  for  all urban consumers (CPI-U) during the preceding twelve
   31  month period OR, IN THE CASE OF  CONTRACTS  FOR  THE  TRANSPORTATION  OF
   32  SCHOOL  CHILDREN,  THE AVERAGE OF THE PREVIOUS TEN YEARS OF THE REGIONAL
   33  CONSUMER PRICE INDEX INCREASES FOR  THE  N.Y.,  N.Y.-NORTHEASTERN,  N.J.
   34  AREA, BASED UPON THE INDEX FOR ALL URBAN CONSUMERS (CPI-U), WHICHEVER IS
   35  GREATER;  and (ii) to reject any extension of a contract after ten years
   36  from the date transportation or  maintenance  service  commenced  there-
   37  under,  or  mobile  instructional  units  were first provided, if in his
   38  opinion, the best interests of the district will  be  promoted  thereby.
   39  Upon  such  rejection  of  any  proposed extension, the commissioner may
   40  order the board of education or trustee of the district to seek,  obtain
   41  and  consider bids pursuant to the provisions of this section. The board
   42  of education or the trustee of a school district electing  to  extend  a
   43  contract as provided herein, may, in its discretion, increase the amount
   44  to  be  paid  in each year of the contract extension by an amount not to
   45  exceed  the  regional  consumer  price  index  increase  for  the  N.Y.,
   46  N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
   47  ers (CPI-U), during the preceding twelve month period OR, IN THE CASE OF
   48  CONTRACTS  FOR THE TRANSPORTATION OF SCHOOL CHILDREN, THE AVERAGE OF THE
   49  PREVIOUS TEN YEARS OF THE REGIONAL CONSUMER PRICE  INDEX  INCREASES  FOR
   50  THE  N.Y.,  N.Y.-NORTHEASTERN, N.J.   AREA, BASED UPON THE INDEX FOR ALL
   51  URBAN CONSUMERS (CPI-U), WHICHEVER IS  GREATER,  provided  it  has  been
   52  satisfactorily  established  by  the  contractor  that there has been at
   53  least an equivalent increase in the amount of  his  cost  of  operation,
   54  during the period of the contract.
   55    S 2. This act shall take effect immediately.
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