[Adopted 4-24-2007 by L.L. No. 13-2007 (Ch. 143, Art. V,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that Suffolk County
government is responsible for delivering basic services that meet
the fundamental needs of its citizens.
B.
This Legislature further finds that the County of Suffolk has historically
utilized outside agencies to provide vital services to veterans, seniors,
young people, handicapped citizens and other segments of the County's
population and to implement programs that protect the health and welfare
of the public at large.
C.
This Legislature also finds that while the use of contract agencies
has proven to be cost-effective, the Suffolk County Legislature has
enacted legislation to increase oversight and accountability, including
Local Law No. 18-2013, which requires that each contract agency submit
its completed Contract Agency Disclosure Form, most recent audited
financial statements or financial report for the contract agency’s
most recent fiscal year, and a schedule of full-time employees and
their salaries for the previous calendar year to the Suffolk County
Department of Audit and Control no later than September 15 of each
year.
[Amended 6-21-2016 by L.L. No. 22-2016]
D.
This Legislature further finds and determines that additional measures
are necessary to ensure that the process of funding and selecting
contracts agencies is transparent and the performance of these agencies
is efficient and cost-effective.
E.
Therefore, the purpose of this article is to provide further guidelines
for contract agency funding in order to maximize efficiency and transparency.
As used in this article, the following terms shall have the
meanings indicated:
Expenses associated with the maintenance and administration
of a contract agency’s day-to-day business and which are not
directly associated with contract agency program expenditures. Administrative
expenses may include salaries and related benefits for the contract
agency’s highest level of management (i.e., Executive Director,
Chief Executive Officer, etc.), their supporting staff (i.e., administrative
assistants, secretarial staff, clerical staff, etc.) and the cost
of operating the administrative office (i.e., professional fees, accounting
fees, office expenses, equipment rental, utilities, etc.).
[Amended 6-21-2016 by L.L. No. 22-2016]
Any agreement, upon sufficient consideration, with the County
of Suffolk, or any divisions, departments, agencies or entities thereof.
Any not-for-profit corporation or entity which the County
of Suffolk contracts with to render human services directly to the
residents of Suffolk County, including services related to health,
welfare/social services, parks/recreation, economic development, cultural
affairs, veterans' affairs, handicapped programs, public safety, youth,
aging/senior citizens' programs, minority affairs, women's affairs,
labor/employment services, and education.
A.
All County contracts with contract agencies shall be for an amount
of at least $5,000 unless a lower amount is authorized by a resolution
of the County of Suffolk duly approved by a two-thirds vote of the
County Legislature. This requirement shall not apply to contracts
entered into with contract agencies during Fiscal Year 2021 or contracts
funded through Object 4980 of the County Operating Budget and administered
by the Suffolk County Legislature.
[Amended 8-7-2012 by L.L. No. 47-2012; 5-7-2013 by L.L. No.
26-2013; 3-22-2016 by L.L. No. 7-2016; 3-5-2019 by L.L. No. 12-2019; 3-2-2021 by L.L. No. 8-2021]
B.
No contract agency contract shall be processed or executed by the County of Suffolk, unless the name of the contract agency to receive funding is identified in a line item in the Suffolk County Operating Budget or in a resolution or procedural motion of the Suffolk County Legislature, unless the contracted services are acquired as a result of a request for proposals (RFP) pursuant to Chapter 1065, Purchasing, of the Suffolk County Code.[1]
[1]
Editor's Note: See also Arts. I, V and VI of this chapter.
C.
No contract agency, determined by the County Department of Audit
and Control to have incurred total administrative expenses greater
than 20% of reported total agency expenses in a fiscal year, shall
be eligible for funding by the County of Suffolk from County funds,
in any subsequent fiscal year, unless: (1) such funding is approved
by a separate, standalone resolution or procedural motion of the Suffolk
County Legislature. Such a resolution will require a two-thirds vote
of the full membership of the Legislature for approval; or (2) the
Suffolk County Department of Audit and Control determines that the
contract agency has reduced its total administrative expenses to below
20% of reported total agency expenses. The provisions of this subsection
shall not apply to any contract agency whose total reported revenues
were $50,000 or less for the previous fiscal year or any contract
agency which does not have any salaried employees and is solely comprised
of volunteers. In the event a contract agency reduces such administrative
expenses to 20% or less of reported agency program expenditures, as
determined by the Department of Audit and Control, then such contract
agency shall become eligible again for funding by the County of Suffolk.
[Amended 6-21-2016 by L.L. No. 22-2016]
D.
All contracts with contract agencies shall clearly set forth that
the approval of such contract shall not be construed as an obligation
by the County to renew or extend such contract or funding in the future.
E.
No County contract shall include a provision that requires a contract
agency to name or credit any individual elected official, officer,
department, office or agency of the County of Suffolk in its print
materials, advertising or publications for funding received from the
County of Suffolk. County contracts may only require a contract agency
to include language in its print materials, publications, and advertising
that the County of Suffolk has provided funding to the contract agency.
[Added 6-7-2011 by L.L. No. 34-2011]
F.
No County contract shall include a provision requiring a contract
agency to obtain approval from the County of Suffolk prior to the
dissemination of any press release or media communication relating
to services provided by the contract agency.
[Added 6-7-2011 by L.L. No. 34-2011]
G.
No County contract shall include a provision requiring a contract
agency to obtain approval from the County of Suffolk prior to the
publication of any book, article or other communication relating to
services provided by the contract agency.
[Added 6-7-2011 by L.L. No. 34-2011]
H.
No County contract shall include a provision requiring a contract
agency to submit its brochures, media advertising or other copy publicizing
the contract agency and the services it provides to the County of
Suffolk prior to their publication.
[Added 6-7-2011 by L.L. No. 34-2011]
I.
All contracts with contract agencies, in excess of $50,000, shall
require the contract agency to identify, in conjunction with the contract’s
administering department, key performance measures and to develop
an annual performance reporting plan. County departments and agencies
will establish working groups, in conjunction with the County Executive’s
performance management team, to identify appropriate performance indicators
for each contract agency and to evaluate performance measures on a
monthly basis. No later than September 15th each year, all departments
shall submit to the Clerk of the County Legislature a statement of
actual performance for each contract agency funded in their departmental
budget during that fiscal year, relative to the performance measures
developed by the contract agency, the department and the performance
management team.
[Added 10-8-2013 by L.L. No. 41-2013]
The Suffolk County Comptroller is hereby authorized and empowered
to withhold monies appropriated for a contract agency that has failed
to comply with the provisions of § C4-35A of the Suffolk
County Charter regarding annual financial compensation disclosure
of employees, or any other County law that is applicable to the contract
agency.
This article shall apply to all contract agency funding occurring
on or after January 1, 2008.
