[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 5-21-2013 by L.L. No. 1-2013. Amendments noted where applicable.]
The purpose of this chapter, as authorized by § 816-b of the New York State Labor Law, is to promote apprenticeship programs which provide opportunities for individuals to secure education in the skilled construction trades and gain employment.
As used in this chapter, the following words shall have the indicated meanings, unless the context clearly indicates otherwise:
- APPLICABLE CONTRACT
- Any contract subject to public bidding for public work in the Village to which the Village of Ossining shall be the signatory where the aggregate cost of the total project exceeds $5,000,000 and which involves the design, construction, reconstruction, alteration, demolition, renovation, improvement, rehabilitation, maintenance, repair, furnishing, equipping of or otherwise providing for any building, facility or physical structure of any kind.
- APPRENTICESHIP AGREEMENT
- A qualifying apprenticeship agreement is:
- A. An agreement that has been registered with and approved by the New York State Commissioner of Labor in accordance with Article 23 of the New York State Labor Law;
- B. An individual written agreement between an employer and an apprentice;
- C. A written agreement between an employer or an association of employers, and an organization of employees describing conditions of employment for apprentices; or
- D. A written statement describing conditions of employment for apprentices in a plant or plants where there is no bona fide employee organization.
- An individual, sole proprietorship, partnership, joint venture, corporation or other entity formed for the purpose of doing business which directly employs labor under an applicable contract (as herein defined). Note that a subcontractor of a subcontractor under an applicable contract would also be a subcontractor under the applicable contract for purposes of this chapter.
Prior to the entering into any applicable contract, the contractor shall certify as for itself and its subcontractors that a) it currently has, and will maintain for the duration of said applicable contract, apprenticeship agreements appropriate for the type and scope of work to be performed under such applicable contract, and b) an appropriate number of apprentices shall be utilized in performing such applicable contract, with such certification signed by an officer of the contractor. Contractors and subcontractors shall be required to submit proof of apprenticeship agreements, including but not limited to a sworn written certification, at the point of the award of an applicable contract following public bidding and prior to the execution of the applicable contract by the Village Manager or designee.
This chapter shall not apply:
To any contracts procured through New York State contracts as administered by the New York State Office of General Services; or
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 the applicable contract is executed; or
To any contracts utilizing federal, state, county or other funding assistance (to the extent such funding assistance precludes application of the apprenticeship training program); or
To emergency procurements and other contracts that may be entered into pursuant to General Municipal Law § 103, including the annual bidding process for goods and services as conducted by the Village; or
To a contractor or subcontractor upon receipt of proof in the form of a sworn written statement that the total number of persons employed by such contractor or subcontractor is 14 or less; or
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 an applicable contract.
The Village, in addition to considerations which may be permitted by law, regulation or otherwise, may consider the degree to which career opportunities in apprenticeship training programs approved by the New York State Commissioner of Labor may be provided.
The Village Manager, or a designee of the Village Manager, may establish and amend rules and procedures as deemed appropriate and necessary for the administration and implementation of this chapter and its underlying policy.
The failure of a prospective contractor to provide in a timely fashion proof of an apprenticeship agreement and/or a written certification as to its subcontractors or other written certifications as may be required by this chapter shall result in the determination that such bid is nonresponsive and therefore invalid; and
The Village may withhold payments from, cancel, terminate, suspend or cause to be canceled, terminated or suspended or to have payments withheld from, any contractor, or the Village may withdraw or suspend its approval of one or more subcontractor on any applicable contract or any portion thereof in the event that it is established that the contractor or any subcontractor failed to comply with this chapter.