[Adopted 9-7-2017 by L.L.
No. 9-2017]
As used in this article, 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, alteration, renovation, or demolition of any building,
facility or physical structure of any kind to which the Town of North
Hempstead or any of its departments or agencies is a signatory with
a value in excess of $500,000.
A contractor or subcontractor who employs labor under a construction
contract.
The New York State Department of Labor.
The period of time equal to 24 months plus the apprenticeship
program's length as established by the DOL for the specific trade
referenced in the certificate of completion, measured retroactively
from the date of the bid opening for the construction contract. For
purposes of this definition, the program time period for the trade
of laborer shall be 24 months.
Any organization or entity operating an apprenticeship program
registered with the DOL and in whose name the program is registered.
The Town of North Hempstead.
A.
Every contractor or subcontractor who is a party to, or working under,
a construction contract with the Town shall be a participant in good
standing in a qualified apprenticeship program that is registered
with and approved by the DOL and shall have in place apprenticeship
agreements that specifically identify or pertain to the trade(s) and/or
job title(s) called for within the construction contract.
B.
Prior to entering into a construction contract with the Town, each
contractor must submit certificates of completion to the Town. 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 the contractor's responsibility to submit the required
certificates of completion as part of any bid submitted in connection
with a construction contract.
D.
If a contractor uses a subcontractor on a construction contract,
the contractor shall submit certificates of completion for the subcontractor.
The contractor must submit the subcontractor's or the subcontractor's
sponsor's certificates of completion to the Town prior to a subcontractor
beginning work under the contract. If a subcontractor is a signatory
to a sponsor, the contractor must submit to the Town a letter from
the sponsor verifying the signatory status.
The Town's Department of Public Works is hereby authorized,
empowered, and directed to promulgate such rules and regulations necessary
and appropriate for the implementation and enforcement of any provisions
of this section.
This section 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; or
B.
To any contracts utilizing federal, state, county or other funding
assistance to the extent such funding assistance precludes application
of this section; 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 $100,000 under the construction contract.
This section shall apply to construction contracts advertised
for bids on or after the effective date.
