[HISTORY: Comes from L.L. No. 33-2018, adopted 4-24-2018, effective 5-7-2018]
The Board finds that apprenticeship training programs provide
workers with skills required to assure the safe construction and improvement
of facilities throughout the Town. It is the intent of this chapter
to require that, with respect to construction contracts in excess
of $250,000, contractors and subcontractors shall have in place apprenticeship
training agreements appropriate for the type and scope of work to
be performed which have been registered with and approved by the New
York State Commissioner of Labor in accordance with Article 23 of
the New York Labor Law as evidenced by valid certificates of completion
demonstrating that apprentices have graduated from such programs.
As used in this chapter, the following terms shall have the
meanings indicated:
A certificate issued by the DOL, which recognizes an individual's
successful completion of a state-approved and state-registered apprenticeship
program in any trade and job title necessary for the performance of
the construction contract. The certificate shall evidence that the
successful completion occurred within the program time period.
Any contract for the construction, reconstruction, improvement,
rehabilitation, installation, alteration, renovation, or demolition
of any building, facility or physical structure of any kind to which
the Town or any of its departments or agencies is a signatory with
a value in excess of $250,000.
A contractor or subcontractor who employs labor under a construction
contract.
The New York State Department of Labor.
The period of time equal to 12 months immediately preceding
the date of bid-opening for a particular construction contract.
[Amended 9-8-2020 by L.L. No. 39-2020]
Any organization or entity operating an apprenticeship program
registered with the DOL and in whose name the program is registered.
The Town of Hempstead.
A.
Every
contractor, prior to entering into a construction contract with the
Town, or any subcontractor entering into a contract with a contractor
who has a construction contract with the Town, shall have apprenticeship
agreements appropriate for the type and scope of work to be performed,
which have been registered with and approved by the New York State
Commissioner of Labor in accordance with Article 23 of the New York
Labor Law, as evidenced by valid certificates of completion which
are specifically identified as pertaining to the trade(s) and/or job
title(s) called for within the construction contract, anything in
§ 103 of the New York General Municipal Law to the contrary
notwithstanding.
B.
Prior
to entering into a construction contract with the Town, a contractor
must submit to the Town certificates of completion showing that they,
or their sponsor, graduated at least one apprentice from a state-approved
and -registered apprenticeship program, in the trade and/or job title
called for within the construction contract, within the program time
period. If a contractor is a signatory to a sponsor, the contractor
must submit to the Town a letter from the sponsor verifying its signatory
status.
C.
It
shall be a contractor's responsibility to submit the required certificates
of completion as part of any bid submitted in connection with a construction
contract and to provide to the Town department or agency administering
the construction contract the identity of apprentices who have graduated
from their apprenticeship program.
D.
If
a contractor utilizes a subcontractor on a construction contract,
the contractor shall submit certificates of completion showing that
the subcontractor's sponsor graduated at least one apprentice from
a state-approved and -registered apprenticeship program, in the trade
and/or job title called for within the construction contract, within
the program time period. The contractor must submit these certificates
at a time designated by the department or agency administering the
construction contract; but in any event, these forms must be received
by the Town prior to a subcontractor beginning work under the construction
contract: If the subcontractor is a signatory to a sponsor, the contractor
must submit to the Town a letter from the sponsor verifying the signatory
status.
E.
It
shall be the responsibility of the Town department or agency administering
a construction contract to verify that a contractor or subcontractor
is a participant in a state-approved and -registered apprenticeship
program and to include the submitted certificates of completion as
an attachment to the final contract, work order or other document
memorializing the award of work to the contractor.
F.
It
shall be the responsibility of the Town department or agency administering
a construction contract to designate an individual within that department
or agency who shall be responsible for specifically identifying within
a construction contract the trade(s) and/or job title(s) necessary
to perform the construction contract and verifying the validity of
certificates of completion and including same as an attachment to
the final contract, work order or other document memorializing the
award of work to the contractor or subcontractor.
G.
In
the event a Town department or agency is in need of guidance in the
administration of the provisions of this chapter, the department or
agency shall seek advice from the Town Attorney or Town Comptroller,
as appropriate.
This chapter shall not apply:
A.
Where
a specific trade has not been included among the list of trades maintained
by the New York State Commissioner of Labor available for such apprenticeship
agreements at the time of opening bids for the project;
B.
To
any construction contracts utilizing federal, state, county or other
funding assistance to the extent such funding assistance precludes
application of this section;
C.
To
emergency procurements pursuant to General Municipal Law § 103;
or
D.
To
any subcontractor upon receipt of proof in the form of a sworn written
statement by the contractor that such subcontractor is entitled to
receive less than $25,000 under the construction contract.
The Town Attorney is hereby authorized, empowered and directed
to promulgate such rules and regulations that are lawful, necessary
and appropriate for the implementation and enforcement of any provisions
of this chapter.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application thereof, to any person, individual,
corporation, firm, partnership, entity or circumstance, shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part of this chapter
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
This chapter shall apply to construction contracts advertised
for bid on or after the effective date hereof.
