[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:
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.
A qualifying apprenticeship agreement is:
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;
An individual written agreement between an employer and an apprentice;
A written agreement between an employer or an association of
employers, and an organization of employees describing conditions
of employment for apprentices; or
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:
A.
To any contracts procured through New York State contracts as administered
by the New York State Office of General Services; or
B.
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
C.
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
D.
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
E.
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
F.
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.
A.
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
B.
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.
