Senate Bill S6000

2017-2018 Legislative Session

Relates to contracts relating to the provision, maintenance and operation of cafeterias and restaurant service in schools

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
May 10, 2017	referred to education

2017-S6000 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L

2017-S6000 (ACTIVE) - Summary

Relates to contracts relating to the provision, maintenance and operation of cafeterias and restaurant service in schools.

2017-S6000 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6000

 TITLE OF BILL :  An act to amend the education law, in relation to
contracts relating to the provision, maintenance and operation of
cafeterias and restaurant service in schools

 PURPOSE :

The proposed legislation would eliminate or reduce legislative
mandates and provide greater flexibility relating to transportation
and educational management requirements.

 SUMMARY OF PROVISIONS :

Section 1 would amend paragraph a of subdivision 14 of section 305 of
the Education Law to authorize that certain contracts may be
advertised in the state's procurement opportunities newsletter in
accordance with article 4-C of the economic development law and to
eliminate the requirement that contracts for the maintenance and
operation of cafeteria or restaurant services be competitively bid.

Section 2 would amend paragraph e of subdivision 14 of section 305 of
the Education Law to allow for transportation and cafeteria contracts
to be awarded through a request for proposals process based on "best
value." Currently, State law requires the awarding of school district
contracts to the lowest, responsible bidders. For complex technical

and service contracts, this would allow districts to consider other
factors in awarding contracts. This might include costs, such as
conversion costs, rather than solely the price bid for a product.

Section 3 provides the effective date

 JUSTIFICATION :

This bill would authorize the transportation of school children, to
maintain school buses owned or leased by a school district, contracts
for mobile instructional units, and contracts to provide, maintain and
operate cafeteria or restaurant service by a private food service
management company to be advertised in the state's procurement
opportunities newsletter in accordance with article 4-C of the
economic development law. This is anticipated to provide greater
visibility for procurement opportunities and as a result, increase
competition and ultimately result in anticipated cost-savings to the
district.

Additionally, this bill would eliminate the requirement that contracts
for maintenance and operation of cafeteria or restaurant services be
competitively bid. Instead, this act would allow these contracts and
transportation contracts to be awarded through a request for proposals
process by "best value" consistent with Chapter 2 of the Laws of 2012.
For complex technical and service contracts, this would allow
districts to consider other factors in awarding contracts.

This might include costs, such as conversion costs, rather than solely
the price bid for a product. Section 103 of the general municipal law
is also amended to provide school districts with the option of
publishing procurement notices in the Contract Reporter instead of
publishing in newspapers. Under current law districts are required to
advertise in official newspapers designated by the board of education
when placing legal notices. This option would reduce advertising costs
and provide access to a greater audience leading to greater interest
and ultimately better pricing for districts.

 LEGISLATIVE HISTORY :

New Bill.
 FISCAL IMPLICATIONS :

The bill would result in cost savings to school districts and other
educational entities from elimination of an unnecessary mandates.

 EFFECTIVE DATE :
This act shall take effect July 1, 2017, provided that if this act
shall become a law after such date, it shall take effect immediately
and shall be deemed to have been in full force and effect on and after
July 1, 2017.

2017-S6000 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6000
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- 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 contracts relating  to
   the  provision, maintenance and operation of cafeterias and restaurant
   service in schools

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph a of subdivision 14 of section 305 of the educa-
 tion law, as amended by chapter 273 of the laws of 1999, is  amended  to
 read as follows:
   a.  All  contracts  for  the  transportation  of  school children, all
 contracts to maintain school buses owned or leased by a school  district
 that  are  used for the transportation of school children, all contracts
 for mobile instructional units, and all contracts to  provide,  maintain
 and  operate  cafeteria  or restaurant service by a private food service
 management company shall be subject to the approval of the commissioner,
 who may disapprove a proposed contract if, in his OR  HER  opinion,  the
 best  interests  of  the  district  will  be promoted thereby. Except as
 provided in paragraph e of this subdivision, all such contracts  involv-
 ing an annual expenditure in excess of the amount specified for purchase
 contracts in the bidding requirements of the general municipal law shall
 be  awarded to the lowest responsible bidder, which responsibility shall
 be determined by the board of education or the trustee  of  a  district,
 with  power  hereby vested in the commissioner to reject any or all bids
 if, in his OR HER opinion, the best interests of the  district  will  be
 promoted  thereby and, upon such rejection of all bids, the commissioner
 shall order the board of education or trustee of the district  to  seek,
 obtain  and  consider  new proposals. All proposals for such transporta-
 tion, maintenance, mobile instructional units, or cafeteria and  restau-
 rant  service  shall  be in such form as the commissioner may prescribe.
 Advertisement for bids shall be published in a newspaper  or  newspapers
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11499-01-7

 S. 6000                             2
 
 designated  by  the board of education or trustee of the district having
 general circulation within the district  for  such  purpose  OR  IN  THE
 STATE'S  PROCUREMENT OPPORTUNITIES NEWSLETTER IN ACCORDANCE WITH ARTICLE
 FOUR-C OF THE ECONOMIC DEVELOPMENT LAW. Such advertisement shall contain
 a  statement of the time when and place where all bids received pursuant
 to such advertisement will be publicly opened and  read  either  by  the
 school  authorities  or  by  a person or persons designated by them. All
 bids received shall be publicly opened and read at the time and place so
 specified. At least five days shall elapse between the first publication
 of such advertisement and the date so  specified  for  the  opening  and
 reading of bids. The requirement for competitive bidding shall not apply
 to an award of a contract for the transportation of pupils or a contract
 for  mobile instructional units OR THE PROVISION, MAINTENANCE AND OPERA-
 TION OF CAFETERIA OR RESTAURANT SERVICE, if such award is  based  on  an
 evaluation  of proposals in response to a request for proposals pursuant
 to paragraph e of this  subdivision.  The  requirement  for  competitive
 bidding  shall not apply to annual, biennial, or triennial extensions of
 a contract nor shall the requirement for competitive  bidding  apply  to
 quadrennial  or  quinquennial  year  extensions  of a contract involving
 transportation of pupils, maintenance of school buses or mobile instruc-
 tional units secured either through competitive bidding or through eval-
 uation of proposals in response to a request for proposals  pursuant  to
 paragraph  e  of  this subdivision, when such extensions (1) are made by
 the board of education or the trustee of a  district,  under  rules  and
 regulations  prescribed  by the commissioner, and, (2) do not extend the
 original contract period beyond five years from the date  cafeteria  and
 restaurant service commenced thereunder and in the case of contracts for
 the transportation of pupils, for the maintenance of school buses or for
 mobile  instructional units, that such contracts may be extended, except
 that power is hereby vested in the commissioner, in addition to  his  OR
 HER existing statutory authority to approve or disapprove transportation
 or  maintenance  contracts,  (i)  to  reject any extension of a contract
 beyond the initial term thereof if he OR SHE finds  that  amount  to  be
 paid  by  the  district  to  the contractor in any year of such proposed
 extension fails to reflect any decrease in the regional  consumer  price
 index  for  the N.Y., N.Y.-Northeastern, N.J. area, based upon the index
 for all urban consumers (CPI-U) during the preceding twelve month  peri-
 od;  and (ii) to reject any extension of a contract after ten years from
 the date transportation or maintenance service commenced thereunder,  or
 mobile  instructional  units were first provided, if in his OR HER opin-
 ion, the best interests of the district will be promoted  thereby.  Upon
 such rejection of any proposed extension, the commissioner may order the
 board  of  education  or  trustee  of  the  district to seek, obtain and
 consider bids pursuant to the provisions of this section. The  board  of
 education  or  the  trustee  of  a  school district electing to extend a
 contract as provided herein, may, in its discretion, increase the amount
 to be paid in each year of the contract extension by an  amount  not  to
 exceed  the  regional  consumer  price  index  increase  for  the  N.Y.,
 N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
 ers (CPI-U), during the preceding twelve month period, provided  it  has
 been satisfactorily established by the contractor that there has been at
 least  an equivalent increase in the amount of his OR HER cost of opera-
 tion, during the period of the contract.
   § 2. Paragraph e of subdivision 14 of section  305  of  the  education
 law,  as  amended by chapter 464 of the laws of 1997, is amended to read
 as follows:

 S. 6000                             3
 
   e. Notwithstanding the provisions of any general, special or local law
 or charter, a board of education or a trustee of a district, pursuant to
 rules and regulations promulgated  by  the  commissioner,  may  award  a
 contract  for  the  transportation  of  pupils  or a contract for mobile
 instructional  units  OR FOR THE PROVISION, MAINTENANCE AND OPERATION OF
 CAFETERIA OR RESTAURANT SERVICE BY A  PRIVATE  FOOD  SERVICE  MANAGEMENT
 COMPANY  involving  an annual expenditure in excess of the amount speci-
 fied for purchase contracts in the bidding requirements of  the  general
 municipal  law  in compliance with the provisions of paragraph a of this
 subdivision or subsequent to an evaluation  of  proposals  submitted  in
 response  to  a  request  for  proposals prepared by or for the board of
 education or trustee of a district. A CONTRACT AWARDED THROUGH A REQUEST
 FOR PROPOSALS SHALL BE AWARDED BASED ON BEST VALUE  IN  ACCORDANCE  WITH
 SECTION  ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW. The commission-
 er, in addition to his OR HER existing statutory authority to approve or
 disapprove transportation contracts, may reject any award of a transpor-
 tation contract or a contract for mobile  instructional  units  that  is
 based  on  an evaluation of proposals submitted in response to a request
 for proposals if he OR SHE finds that (1) the contractor is not the most
 responsive to the request for proposals, or (2) that the best  interests
 of the district will be promoted thereby.
   §  3.  This  act shall take effect July 1, 2017, provided that if this
 act shall become a law after such date, it shall take effect immediately
 and shall be deemed to have been in full force and effect on  and  after
 July 1, 2017.

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Senate Bill S6000

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2017-S6000 (ACTIVE) - Details

2017-S6000 (ACTIVE) - Summary

2017-S6000 (ACTIVE) - Sponsor Memo

2017-S6000 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2017-S6000 (ACTIVE) - Details

2017-S6000 (ACTIVE) - Summary

2017-S6000 (ACTIVE) - Sponsor Memo

2017-S6000 (ACTIVE) - Bill Text download pdf

Comments