State Codes and Statutes

Statutes > New-york > Sos > Article-2 > 20-c

§  20-c.  Privatization.  1.  Except  as  otherwise  specified  in the  appropriation for system support and information services program in the  office of temporary  disability  assistance  within  the  department  of  family assistance, the department shall not enter into any contract with  a private entity under which that entity would perform any of the public  assistance  and  care  eligibility  determination  functions,  duties or  obligations of the department as set forth in this chapter.    (b) Social services districts may enter into a contract  or  agreement  for  the  performance of functions, duties or obligations required to be  performed pursuant to this chapter, however, the  collective  bargaining  representative  of  employees  who  normally  perform  such functions or  provide such  services  for  such  social  services  district  shall  be  permitted  the  opportunity  to  competitively  bid for any contract let  pursuant to this section with  the  overall  cost  and  quality  of  the  proposal being major criteria in the selection.    2. No contract with a contractor for services pursuant to this section  shall  be  entered  into  by the office or district unless the office or  district contracting for such service has:    (a)  Provided  the  certified   collective   bargaining   organization  representing the permanent employees affected by the district's exercise  of  its  right  to  contract  out  with sixty days advance notice of its  intent to contract out for services pursuant to this section;    (b) Considered whether the proposed contract  will  result  in  actual  cost savings to the office; and    (c) Evaluated and made a favorable determination based upon a required  disclosure  of  information  from the potential contractor regarding any  final  actions  relating  to  (a)  the  responsibility  taken   by   any  contracting agency, law enforcement authority or the department of labor  against  bidders,  contractors  or  subcontractors  and  (b)  debarments  pursuant to express statutory authorization.    3. A contract shall not be approved unless it contains  a  description  of  the  service  quality  expectations  pursuant  to the contract and a  description of the method by which the  quality  of  services  shall  be  monitored  and evaluated by the district based upon specific performance  measures contained in the contract. The proposed contract  must  include  specific  provisions  pertaining to the qualifications of the staff that  will perform the work under the contract. The  proposed  contract  shall  contain specific information regarding the actual number of employees to  be  retained,  hours  of work, wage rates and associated benefit levels,  titles, and job descriptions.    4. Existing rights.  Nothing  in  this  section  shall  be  deemed  to  diminish  the  rights, privileges, or remedies of any employee under any  other local law or under the applicable collective bargaining agreement.    5. The provisions of  this  section  shall  not  impair,  restrict  or  otherwise  modify  applicable restrictions contained in federal  law and  regulations promulgated thereto.

State Codes and Statutes

Statutes > New-york > Sos > Article-2 > 20-c

§  20-c.  Privatization.  1.  Except  as  otherwise  specified  in the  appropriation for system support and information services program in the  office of temporary  disability  assistance  within  the  department  of  family assistance, the department shall not enter into any contract with  a private entity under which that entity would perform any of the public  assistance  and  care  eligibility  determination  functions,  duties or  obligations of the department as set forth in this chapter.    (b) Social services districts may enter into a contract  or  agreement  for  the  performance of functions, duties or obligations required to be  performed pursuant to this chapter, however, the  collective  bargaining  representative  of  employees  who  normally  perform  such functions or  provide such  services  for  such  social  services  district  shall  be  permitted  the  opportunity  to  competitively  bid for any contract let  pursuant to this section with  the  overall  cost  and  quality  of  the  proposal being major criteria in the selection.    2. No contract with a contractor for services pursuant to this section  shall  be  entered  into  by the office or district unless the office or  district contracting for such service has:    (a)  Provided  the  certified   collective   bargaining   organization  representing the permanent employees affected by the district's exercise  of  its  right  to  contract  out  with sixty days advance notice of its  intent to contract out for services pursuant to this section;    (b) Considered whether the proposed contract  will  result  in  actual  cost savings to the office; and    (c) Evaluated and made a favorable determination based upon a required  disclosure  of  information  from the potential contractor regarding any  final  actions  relating  to  (a)  the  responsibility  taken   by   any  contracting agency, law enforcement authority or the department of labor  against  bidders,  contractors  or  subcontractors  and  (b)  debarments  pursuant to express statutory authorization.    3. A contract shall not be approved unless it contains  a  description  of  the  service  quality  expectations  pursuant  to the contract and a  description of the method by which the  quality  of  services  shall  be  monitored  and evaluated by the district based upon specific performance  measures contained in the contract. The proposed contract  must  include  specific  provisions  pertaining to the qualifications of the staff that  will perform the work under the contract. The  proposed  contract  shall  contain specific information regarding the actual number of employees to  be  retained,  hours  of work, wage rates and associated benefit levels,  titles, and job descriptions.    4. Existing rights.  Nothing  in  this  section  shall  be  deemed  to  diminish  the  rights, privileges, or remedies of any employee under any  other local law or under the applicable collective bargaining agreement.    5. The provisions of  this  section  shall  not  impair,  restrict  or  otherwise  modify  applicable restrictions contained in federal  law and  regulations promulgated thereto.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Sos > Article-2 > 20-c

§  20-c.  Privatization.  1.  Except  as  otherwise  specified  in the  appropriation for system support and information services program in the  office of temporary  disability  assistance  within  the  department  of  family assistance, the department shall not enter into any contract with  a private entity under which that entity would perform any of the public  assistance  and  care  eligibility  determination  functions,  duties or  obligations of the department as set forth in this chapter.    (b) Social services districts may enter into a contract  or  agreement  for  the  performance of functions, duties or obligations required to be  performed pursuant to this chapter, however, the  collective  bargaining  representative  of  employees  who  normally  perform  such functions or  provide such  services  for  such  social  services  district  shall  be  permitted  the  opportunity  to  competitively  bid for any contract let  pursuant to this section with  the  overall  cost  and  quality  of  the  proposal being major criteria in the selection.    2. No contract with a contractor for services pursuant to this section  shall  be  entered  into  by the office or district unless the office or  district contracting for such service has:    (a)  Provided  the  certified   collective   bargaining   organization  representing the permanent employees affected by the district's exercise  of  its  right  to  contract  out  with sixty days advance notice of its  intent to contract out for services pursuant to this section;    (b) Considered whether the proposed contract  will  result  in  actual  cost savings to the office; and    (c) Evaluated and made a favorable determination based upon a required  disclosure  of  information  from the potential contractor regarding any  final  actions  relating  to  (a)  the  responsibility  taken   by   any  contracting agency, law enforcement authority or the department of labor  against  bidders,  contractors  or  subcontractors  and  (b)  debarments  pursuant to express statutory authorization.    3. A contract shall not be approved unless it contains  a  description  of  the  service  quality  expectations  pursuant  to the contract and a  description of the method by which the  quality  of  services  shall  be  monitored  and evaluated by the district based upon specific performance  measures contained in the contract. The proposed contract  must  include  specific  provisions  pertaining to the qualifications of the staff that  will perform the work under the contract. The  proposed  contract  shall  contain specific information regarding the actual number of employees to  be  retained,  hours  of work, wage rates and associated benefit levels,  titles, and job descriptions.    4. Existing rights.  Nothing  in  this  section  shall  be  deemed  to  diminish  the  rights, privileges, or remedies of any employee under any  other local law or under the applicable collective bargaining agreement.    5. The provisions of  this  section  shall  not  impair,  restrict  or  otherwise  modify  applicable restrictions contained in federal  law and  regulations promulgated thereto.