[Adopted 12-18-2007 by L.L. No. 2-2008[1] (Ch. 143, Art. VI, of the 1985 Code)]
[1]
Editor's Note: This local law was vetoed by the County Executive
1-17-2008, which veto was overridden by the County Legislature 2-5-2008.
A.
This Legislature hereby finds and determines that extensive testimony
at legislative hearings has established that many child-care providers
do not receive prompt payment from the County of Suffolk for services
rendered and, in fact, often receive payment many months after they
submit vouchers/invoices to the Department of Social Services.
B.
This Legislature further finds that the County's failure to make
timely payments to child-care providers is particularly troubling,
as it threatens the very existence of agencies that deliver a vital
service to Suffolk County families.
C.
This Legislature also determines that Suffolk County government,
like any other person or entity, has an obligation to pay its debts
in a reasonably timely manner and the failure to do so is morally
indefensible.
D.
This Legislature further finds and determines that, pursuant to New
York General Municipal Law, all contracts made or awarded by state
political subdivisions for public works projects must provide for
prompt payment to contractors. This Legislature believes this policy
should be extended to child-care providers.
E.
Therefore, the purpose of this article is to establish a policy to
pay County child-care providers in a prompt manner.
As used in this article, the following terms shall have the
meanings indicated:
Care for a child of six weeks to 12 years of age on a regular
basis, provided away from the child's residence. This term shall not
be construed to include foster care services or institutional placements.
A written agreement entered into by the County of Suffolk
with any person, corporation or other entity for the provision of
child-care services.
The County of Suffolk, any agency, office, department, division,
bureau, board, commission or unit of Suffolk County government.
The Suffolk County Department of Social Services.
A written document issued by the Department, authorizing
a child-care provider to provide child-care services for a specific
child for a specified period of time.
A written request for payment that is submitted by a child-care
provider setting forth services delivered or rendered and the price
for said services, in such form and supported by such other documentation
as the County of Suffolk may require.
The date on which a proper invoice is actually received by
the Department.
A reduction by the County of payment due to a child-care
provider by an amount equal to the amount of an unpaid legally enforceable
debt owed by the child-care provider to the County.
A.
Notwithstanding the provisions of any other law to the contrary,
the County shall make payment for services rendered by a child-care
provider pursuant to a contract or letter of approval within 30 days
of the Department's receipt of invoice. Should the County fail to
make payment by the required payment date, the County shall make an
interest payment to the affected child-care provider on the amount
of the payment due. Interest shall be computed at the rate equal to
the overpayment rate set by the New York State Commissioner of Taxation
and Finance pursuant to Subsection (e) of § 1096 of the
New York Tax Law.
B.
The County shall not be required to make payment within 30 days of
receipt of invoice when:
(1)
The necessary appropriation required to authorize payment has not
been enacted;
(2)
The County is entitled to a set-off against the invoice amount;
(3)
Statutory or contractual provisions, if any, make payment within
30 days impossible; or
(4)
Some or all of the invoice amount must be withheld to satisfy claims,
liens or judgments against the child-care provider; any remaining
amount due the child-care provider shall be paid within 30 days of
receipt of invoice.
C.
The County may, within 15 days after receipt of invoice, notify a child-care provider of defects in the delivered services; defects in the invoice; or other suspected improprieties. The existence of such defects or improprieties shall toll the commencement of the time period specified in Subsection A of this section. If the County fails to provide reasonable grounds for its contention that a defect or impropriety exists, the date by which contract payment must be made in order for the County not to become liable for interest payments shall be calculated from the date of receipt of invoice.
This article shall apply to actions occurring on or after the
effective date of this article.
This article shall take effect on the 90th day immediately subsequent
to its filing in the Office of the Secretary of State.
