Common use of Special Costs for Drivers Covered by Statute Clause in Contracts

Special Costs for Drivers Covered by Statute. Anything in the foregoing payment increase provisions to the contrary notwithstanding, the BOE shall pay the Contractor each extension year for actual costs allowable pursuant to Education Law ss.305(14)(c) under the following conditions, even if such reimbursement shall cause annual payments to exceed the relevant CPI increment. To be eligible for such payment, the Contractor shall provide full, separate, written details in each annual Cost Justification Financial Statement submitted under ARTICLE V-A or 28(C) (as applicable) of this Contract of all claims for reimbursement of expenses covered by Education Law ss.305(14)(c), which shall be described for purposes of this Contract as 'special vehicle operator administrative costs,' and which may not exceed (a) the actual costs of qualifying criminal history and driver licensing testing fees attributable to special requirements of Vehicle and Traffic Law Articles 19 and 19-A, and (b) the actual costs of all diagnostic tests and physical performance tests that shall be deemed necessary by an examining physician or the Director to determine whether each applicant to drive a school bus under this Contract possesses the physical and mental ability to operate a school bus and to perform satisfactorily all other responsibilities of a school bus driver as required by this Contract and all applicable Federal, State of New York, City of New York and BOE laws, rules, regulations and policies.(4) To the extent that any special vehicle operator administrative costs as contained in the Contractor's Cost Justification Financial Statement for a given extension year together with the Contractor's other claimed cost increases for the prescribed comparison period shall exceed the applicable CPI increment, the BOE shall pay the exact amount of all unabsorbed special vehicle operator administrative costs, provided, that the Contractor shall submit to OPT a separate, fully detailed written cost reimbursement request for any amount of such costs not absorbed by the applicable annual rate increase.(5) (To the extent that such special

Special Costs for Drivers Covered by Statute. Anything in the foregoing payment increase provisions to the contrary notwithstanding, the BOE shall pay the Contractor each extension year for actual costs allowable pursuant to Education Law ss.305(14)(c) under the following conditions, even if such reimbursement shall cause annual payments to exceed the relevant applicable CPI increment. To be eligible for such payment, the Contractor shall provide full, separate, written full and separate details in each annual Cost Justification Financial Statement submitted under ARTICLE V-A A, 28(C) or 28(C29(D) (as applicable) of this Contract of all claims for reimbursement of expenses covered by Education Law ss.305(14)(c), which shall be described for purposes of this Contract as 'special vehicle operator administrative costs,' and which may not exceed (a) the actual costs of qualifying criminal history and driver licensing testing fees attributable to special requirements of Vehicle and Traffic Law Articles 19 and 19-A, and (b) the actual costs of all diagnostic tests and physical performance tests that shall be deemed necessary by an examining physician or the OPT Director to determine whether each applicant to drive a school bus under this Contract possesses the physical and mental ability to operate a school bus and to perform satisfactorily all other responsibilities of a school bus driver as required by this Contract and all applicable Federal, State of New York, City of New York and BOE laws, rules, regulations and policies.(4) To the extent that any special vehicle operator administrative costs as contained in the Contractor's Cost Justification Financial Statement for a given extension year together with the Contractor's other claimed cost increases for the prescribed comparison period shall exceed the applicable CPI increment, the BOE shall pay the exact amount of all unabsorbed special vehicle operator administrative costs, provided, that the Contractor shall submit to OPT a separate, fully detailed written cost reimbursement request for any amount of such costs not absorbed by the applicable annual rate increase.(5) (To the extent that such specialspecial vehicle operator administrative costs for a given extension year shall cause the Contractor's claimed cost growth for the prescribed comparison period to surpass the fixed cap of 8%, however, the Contractor shall not be entitled to any portion of such expenditures that shall exceed the said fixed cap.) In each such written cost reimbursement request, the Contractor shall include details of (aa) the totals of all special vehicle operator administrative costs, (bb) the portion of such special vehicle operator administrative costs absorbed by the applicable CPI increment, if any, and (cc) the portion of such special vehicle operator administrative costs not absorbed by the applicable CPI increment. All Contractor cost claims under Education Law ss.305(14)(c) shall be subject to review and/or audit by the BOE, its employees and agents. Upon BOE approval of Contractor cost claims under Education Law

Special Costs for Drivers Covered by Statute. Anything in the foregoing payment increase provisions to the contrary notwithstanding, the BOE shall pay the Contractor each extension year for actual costs allowable pursuant to Education Law ss.305(14)(c§305(14)(c) under the following conditions, even if such reimbursement shall cause annual payments to exceed the relevant CPI increment. To be eligible for such payment, the Contractor shall provide full, separate, written details in each annual Cost Justification Financial Statement submitted under ARTICLE V-–A or 28(C) (as applicable) of this Contract of all claims for reimbursement of expenses covered by Education Law ss.305(14)(c§305(14)(c), which shall be described for purposes of this Contract as '‘special vehicle operator administrative costs,' ’ and which may not exceed (a) the actual costs of qualifying criminal history and driver licensing testing fees attributable to special requirements of Vehicle and Traffic Law Articles 19 and 19-–A, and (b) the actual costs of all diagnostic tests and physical performance tests that shall be deemed necessary by an examining physician or the Director to determine whether each applicant to drive a school bus under this Contract possesses the physical and mental ability to operate a school bus and to perform satisfactorily all other responsibilities of a school bus driver as required by this Contract and all applicable Federal, State of New York, City of New York and BOE laws, rules, regulations and policies.(4) To the extent that any special vehicle operator administrative costs as contained in the Contractor's ’s Cost Justification Financial Statement for a given extension year together with the Contractor's ’s other claimed cost increases for the prescribed comparison period shall exceed the applicable CPI increment, the BOE shall pay the exact amount of all unabsorbed special vehicle operator administrative costs, provided, that the Contractor shall submit to OPT a separate, fully detailed written cost reimbursement request for any amount of such costs not absorbed by the applicable annual rate increase.(5) (To the extent that such specialof

Special Costs for Drivers Covered by Statute. Anything in the foregoing payment increase provisions to the contrary notwithstanding, the BOE shall pay the Contractor each extension year for actual costs allowable pursuant to Education Law ss.305(14)(c§305(14)(c) under the following conditions, even if such reimbursement shall cause annual payments to exceed the relevant applicable CPI increment. To be eligible for such payment, the Contractor shall provide full, separate, written full and separate details in each annual Cost Justification Financial Statement submitted under ARTICLE V-A –A, 28(C) or 28(C29(D) (as applicable) of this Contract of all claims for reimbursement of expenses covered by Education Law ss.305(14)(c§305(14)(c), which shall be described for purposes of this Contract as '‘special vehicle operator administrative costs,' ’ and which may not exceed (a) the actual costs of qualifying criminal history and driver licensing testing fees attributable to special requirements of Vehicle and Traffic Law Articles 19 and 19-–A, and (b) the actual costs of all diagnostic tests and physical performance tests that shall be deemed necessary by an examining physician or the OPT Director to determine whether each applicant to drive a school bus under this Contract possesses the physical and mental ability to operate a school bus and to perform satisfactorily all other responsibilities of a school bus driver as required by this Contract and all applicable Federal, State of New York, City of New York and BOE laws, rules, regulations and policies.(4) To the extent that any special vehicle operator administrative costs as contained in the Contractor's ’s Cost Justification Financial Statement for a given extension year together with the Contractor's ’s other claimed cost increases for the prescribed comparison period shall exceed the applicable CPI increment, the BOE shall pay the exact amount of all unabsorbed special vehicle operator administrative costs, provided, that the Contractor shall submit to OPT a separate, fully detailed written cost reimbursement request for any amount of such costs not absorbed by the applicable annual rate increase.(5) (To the extent that such specialspecial vehicle operator administrative costs for a given extension year shall cause the Contractor’s claimed cost growth for the prescribed comparison period to surpass the fixed cap of 8%, however, the Contractor shall not be entitled to any portion of such expenditures that shall exceed the said fixed cap.) In each such written cost reimbursement request, the Contractor shall include details of (aa) the totals of all special vehicle operator administrative costs, (bb) the portion of such special vehicle operator administrative costs absorbed by the applicable CPI increment, if any, and (cc) the portion of such special vehicle operator administrative costs not absorbed by the applicable CPI increment. All Contractor cost claims under Education Law §305(14)(c) shall be subject to review and/or audit by the BOE, its employees