N.Y. Comp. Codes R. & Regs. tit. 18 § 485.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 485.10 - Contracts

(a) In the event that an operator contracts with a separate independent entity to perform any of the facility operations, the following conditions shall apply:

(1) The contractor shall demonstrate to the satisfaction of the operator that the contractor is:

(i) financially stable; and

(ii) able, by reason of past performance or like qualification, to perform the duties delegated by the operator.

(2) If required, the contractor shall be certified by any appropriate local or State agency or unit of government, and shall comply with said regulations. Documentation of such certification and compliance shall be provided to the operator and shall be available for inspection by the department staff or designees.

(3) The operator shall remain solely responsible for compliance with department regulations and the operation of the facility in compliance with all applicable laws and regulations.

(4) The contract shall:

(i) be in writing, dated and signed by all parties;

(ii) include each party' responsibilities and functions;

(iii) include all financial arrangements and charges;

(iv) specify those powers and duties delegated to the contractor by the operator;

(v) specify that the powers and duties not delegated to the contractor remain with the operator;

(vi) stipulate that the operator retains the authority to discharge any person working in the facility;

(vii) state the terms by which the contractor may hire and discharge persons working in the facility;

(viii) require the contractor to comply with all applicable provisions of law and regulations;

(ix) require the contractor to provide all information required by the department, and to cooperate with the department in carrying out inspection and enforcement activities;

(x) stipulate that the operator, notwithstanding any other provisions of the contract, remains responsible for operation of the facility in compliance with applicable law and regulations; and

(xi) specify the terms of the contract and the provisions governing renewal and termination prior to expiration.

(5) A copy of each contract shall be retained on file by the operator and shall be available for inspection.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 485.10

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020