Senate Bill S4062

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

                                  4062

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 8, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- 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  the  purchase  and
  delivery  of  material goods, supplies and services by or to the chan-
  cellor of the city school district of the city of New York

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

  Section  1.  Subdivision 36 of section 2590-h of the education law, as
amended by chapter 91 of the  laws  of  2002,  is  amended  to  read  as
follows:
  36.  [Develop a procurement policy for the city school district of the
city of New York and the districts  and  public  schools  therein.  Such
policy shall ensure the wise and prudent use of public money in the best
interest of the taxpayers of the state; guard against favoritism, impro-
vidence,  extravagance, fraud, and corruption; and ensure that contracts
are awarded consistent with law and on the basis of best value,  includ-
ing, but not limited to, the following criteria: quality, cost and effi-
ciency. Such policy shall also include: (a) standards for quality, func-
tion,  and  utility  of  all  material  goods,  supplies,  and  services
purchased by the chancellor,  superintendents,  or  schools;  (b)  regu-
lations  for  the  purchase of material goods, supplies, and services by
the chancellor, the superintendents, and the schools, including  clearly
articulated  procedures which require a clear statement of product spec-
ifications, requirements or work to be performed, a documentable process
of soliciting bids, proposals, or other offers, and a balanced and  fair
method,  established  in  advance  of  receipt of offers, for evaluating
offers and awarding contracts; (c) regulations which enable  superinten-
dents  and  schools  to  purchase material goods, supplies, and services
directly from vendors or suppliers when such products are  available  at
prices  or  other terms more economically beneficial for the purposes of
the acquiring  superintendent  or  school;  and  (d)  regulations  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07589-01-9
              

S. 4062                             2

include  repair services and building supplies, as defined in such regu-
lations, for expenditures from each district's minor repair and purchas-
ing funds pursuant to section twenty-five hundred ninety-r of this arti-
cle.] (A) ENSURE THAT ALL CONTRACTS OR AGREEMENTS INVOLVING THE PURCHASE
OR  DELIVERY OF MATERIAL GOODS, SUPPLIES AND SERVICES BY OR TO THE CHAN-
CELLOR, THE SUPERINTENDENTS OR THE SCHOOLS, INCLUDING ANY  FRANCHISE  OR
CONCESSION  AGREEMENTS,  REGARDLESS  OF THE SOURCE OF FUNDS, ARE ENTERED
INTO IN ACCORDANCE WITH THE PROVISIONS OF CHAPTERS THIRTEEN AND FOURTEEN
OF THE NEW YORK CITY CHARTER AND THE RULES OF THE NEW YORK CITY PROCURE-
MENT POLICY BOARD AND OF THE NEW  YORK  CITY  FRANCHISE  CONCESSION  AND
REVIEW  COMMITTEE,  PROVIDED THAT WHERE SUCH LAW OR RULES REQUIRE ACTION
BY OR APPEAL TO THE MAYOR OR AN APPOINTEE OF THE MAYOR, OTHER  THAN  THE
CHANCELLOR, SUCH ACTION SHALL INSTEAD BE TAKEN BY THE CHANCELLOR OR SUCH
APPOINTEE  OF  THE CHANCELLOR AS THE CHANCELLOR MAY DELEGATE IN WRITING,
AND PROVIDED FURTHER, ANY CONTRACT AWARDED  WITHOUT  COMPETITION  OR  IN
EXCESS  OF  ONE MILLION DOLLARS SHALL BE SUBJECT TO THE VOTE OF THE FULL
BOARD OF EDUCATION UNLESS SUCH CONTRACT SHALL BE DEEMED AN EMERGENCY  AS
DEFINED IN SECTION THREE HUNDRED FIFTEEN OF THE NEW YORK CITY CHARTER OR
SHALL  BE  MADE IN ACCORDANCE WITH RULES OF THE PROCUREMENT POLICY BOARD
ESTABLISHED PURSUANT TO SECTION THREE HUNDRED FOURTEEN OF THE  NEW  YORK
CITY  CHARTER.  NO SUCH CONTRACT OR AGREEMENT SHALL BE IMPLEMENTED UNTIL
IT HAS BEEN FILED AND REGISTERED BY THE COMPTROLLER PURSUANT TO CHAPTERS
FIVE AND THIRTEEN OF THE NEW YORK CITY CHARTER. FOR THE PURPOSES OF THIS
SUBDIVISION, THE TERMS  "CONTRACT"  OR  "AGREEMENT"  SHALL  INCLUDE  ANY
CONTRACT THAT DIRECTLY OR INDIRECTLY BENEFITS THE CITY DISTRICT, INCLUD-
ING  ANY  CONTRACT  OR OTHER INSTRUMENT IN WHICH THE CITY, CITY BOARD OR
ANY OF ITS OFFICERS AGREES TO GIVE OR RECEIVE A CONSIDERATION OTHER THAN
THE PAYMENT OF MONEY;
  (B) ESTABLISH STANDARDS FOR QUALITY,  FUNCTION,  AND  UTILITY  OF  ALL
MATERIAL  GOODS,  SUPPLIES,  AND  SERVICES  PURCHASED BY THE CHANCELLOR,
SUPERINTENDENTS, OR SCHOOLS; AND
  (C) PROMULGATE REGULATIONS WHICH ENABLE SUPERINTENDENTS AND SCHOOLS TO
PURCHASE MATERIAL GOODS, SUPPLIES, AND SERVICES DIRECTLY FROM VENDORS OR
SUPPLIERS WHEN SUCH PRODUCTS ARE AVAILABLE AT PRICES OR OTHER TERMS MORE
ECONOMICALLY BENEFICIAL FOR THE PURPOSES OF THE ACQUIRING SUPERINTENDENT
OR SCHOOL. SUCH REGULATIONS  SHALL  ALSO  INCLUDE  REPAIR  SERVICES  AND
BUILDING SUPPLIES, AS DEFINED IN SUCH REGULATIONS, FOR EXPENDITURES FROM
EACH  DISTRICT'S  MINOR  REPAIR AND PURCHASING FUNDS PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-R OF THIS ARTICLE.
  S 2. This act shall take effect immediately, provided that the  amend-
ments  to  subdivision 36 of section 2590-h of the education law made by
section one of this act shall not affect the expiration of such subdivi-
sion and shall be deemed to expire therewith.