[Adopted 8-3-2010 by L.L. No. 40-2010[1] (Ch. 143, Art. VII, of the 1985 Code)]
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 7-9-2010.
A.
This Legislature, hereby finds and determines that the County of
Suffolk has historically utilized outside not-for-profit agencies
to provide important services to veterans, seniors, young people,
handicapped citizens and other residents who depend on programs funded
by the County.
B.
This Legislature further finds that many not-for-profit organizations
are funded every year by the County of Suffolk and are often identified
in the County operating budget as a line item to receive funding.
C.
This Legislature also determines that, notwithstanding their inclusion
in the Suffolk County operating budget, not-for-profit organizations
are often unable to consummate a contract with the County for many
months even though the terms and conditions of these agreements vary
little from year to year. In the absence of a fully executed contract,
these agencies are unable to receive payment for the services they
render.
D.
This Legislature also finds that this contracting lag places not-for-profit
organizations in an unenviable position, where they incur salary and
other expenses to deliver a service but must wait many months for
reimbursement from the County because no contract is in place. As
a result of these delays, some not-for-profit organizations must borrow
money to continue services and thereby incur additional interest costs.
E.
This Legislature further finds and determines that unnecessary delays
in executing contracts and making payments to not-for-profit organizations
may result in service interruptions and could ultimately discourage
such organizations from doing business with the County.
F.
Therefore, the purpose of this article is to address a longstanding
problem and establish a prompt contracting policy for not-for-profit
organizations that provide services to Suffolk County residents.
As used in this article, the following terms shall have the
meanings indicated:
The department, office or agency of Suffolk County government
to which an appropriation is made, on a line-item basis, in the Suffolk
County operating budget to fund a not-for-profit organization.
A contractual agreement executed by an administering department
and a not-for-profit organization, and any other County official as
may be required, and approved by the Suffolk County Attorney.
A not-for-profit corporation as defined in § 102
of the New York Not-for-Profit Corporation Law, which renders human
services to the residents of Suffolk County, including services related
to health, welfare/social services, child care, 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.
An administering department shall fully execute a contract with any
not-for-profit organization that is funded on a line-item basis within
its department in the Suffolk County operating budget by February
1 of the applicable budget year. In the event an administering department
did not contract with the not-for-profit organization in the preceding
budget year, the administering department shall fully execute a contract
with the not-for-profit organization by March 15 of the applicable
budget year.
B.
In the event line-item funding for a not-for-profit organization
is approved via a resolution amending an adopted operating budget,
the administering department shall have not more than 60 days following
the effective date of the resolution to fully execute a contract with
the not-for-profit organization so funded.
C.
In the event an administering department is unable to comply with the time frames set forth in Subsections A and B of this section due to circumstances beyond the control of the department, the administering department shall document the basis for its inability to comply in a written notice to the Presiding Officer of the Suffolk County Legislature, the Chairman of the Suffolk County Legislature's Budget and Finance Committee, the Director of the Division of the Budget and the affected not-for-profit organization on or before the deadline date for the execution of the contract.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect on January 1, 2011.
