[Adopted 6-18-2019 by L.L. No. 26-2019]
A.
This Legislature hereby finds and determines that the County of Suffolk
operates a wide variety of park facilities for active and passive
recreation and enjoyment by residents and visitors. This Legislature
also finds and determines that certain County park facilities are
operated by not-for-profit organizations with specialized interests
and skill sets, such as the Long Island Maritime Museum and Seatuck
Environmental Association. This Legislature further finds and determines
that not-for-profit organizations entering into contracts with the
County for these types of facilities are required to make capital
investments into the facilities they operate during the term of the
agreement. This Legislature finds that some of these not-for-profit
organizations have received offers from construction companies and
suppliers to provide donations of materials and labor to improve these
County facilities at no cost to the County or the nonprofit. This
Legislature determines that presently, the contracts between the County
and the not-for-profit organizations under these circumstances do
not expressly authorize in-kind donations to be credited towards the
capital improvement requirement. This Legislature also finds that
in order to aid the not-for-profit corporations which manage and maintain
these vital parks facilities in providing the best service possible
to visiting County residents, future contracts should allow not-for-profit
corporations to receive credit towards their capital contribution
obligations through donations of materials and labor to improve the
parks facilities they manage.
B.
Therefore, the purpose of this article is to require that all future
contracts between the County and not-for-profit organizations for
the management of County park facilities include a clause allowing
the not-for-profit organization to use donations of materials and
labor to satisfy the capital improvement obligation in the agreement.
All contracts between the County Department of Parks, Recreation
and Conservation and a not-for-profit organization for the operation
and maintenance of a County facility shall contain a provision allowing
the not-for-profit corporation to satisfy any capital investment requirement
by utilizing donations of materials and labor from other entities
when applicable. The not-for-profit corporation shall provide documentation
of the donations of materials and labor received, including the dates
provided, provider, and value, to the Department when seeking to apply
same towards its capital investment requirement.
This article shall apply to all contracts entered into on or
after the effective date of this article.
