New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XV - Local Government Services
Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j
Section 811.12 - Contract for consulting services
Current through Register Vol. 45, No. 52, December 27, 2023
(a) Contracts to make a comprehensive study and report shall be prepared by the Office for Local Government in consultation with the attorneys employed by the local agency and the consultant.
(b) All copies of the contract so prepared shall be submitted to the local agency and the consultant for execution. After execution by the local agency and the consultant, all copies of the contract shall be returned to the commissioner.
(c) After the commissioner's execution thereof, copies of the executed contract shall thereafter be forwarded to the Attorney-General and to the Comptroller for their approval. Upon receipt of the Comptroller's approval and the filing of the contract in his office, the commissioner shall furnish copies of the contracts, so approved and so filed, to the local agency and to the consultant. No contract shall be effective until approved by the Comptroller and none of the parties thereto shall begin work on the contract until being notified of the Comptroller's approval and filing.
(d) Such contracts shall be written in such form and in such detail as is reasonably calculated to clearly define the obligations, duties and requirements imposed upon each of the contracting parties and shall specify the manner and terms under which vouchers shall be prepared and submitted to the commissioner for payment of the consulting services rendered. Such contracts may provide for partial payments.
(e) The contract shall provide that the consultant shall keep the commissioner and the local agency periodically informed as to the progress of the study.
(f) The contract may provide that a percentage of each partial payment may be withheld by the State pending faithful performance of the contract. Final payment, including retained percentages, shall not be made to the consultant until the report has been submitted to and approved by the commissioner and the local agency.
(g) The commissioner may require that each local agency prepare and submit a proposed budget for the project on forms furnished by the Office for Local Government.
