[HISTORY: Adopted by the Town Board of the
Town of Hyde Park 1-22-2007 by L.L. No. 3-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was adopted as
Ch. 30 but was renumbered to fit into the alphabetical organization
of the Code.
The Town of Hyde Park hereby establishes a policy
to promote apprenticeship training as authorized by § 816-b
of the New York State Labor Law.
As used in this chapter, the following terms
shall have the meanings indicated:
Any contract for the erection, construction, reconstruction
or alteration of buildings that requires separate specifications pursuant
to General Municipal Law § 101 (commonly known as the "Wicks
Law") to which the Town of Hyde Park is a signatory.
[Amended 12-12-2011 by L.L. No. 5-2011]
A contractor or subcontractor which directly employs labor
under a construction contract for which an apprenticeship program
has been approved by the New York State Commissioner of Labor in accordance
with Article 23 of the New York State Labor Law.
A.
The Town of Hyde Park hereby requires any contractor,
prior to entering into a construction contract with the Town of Hyde
Park, or any subcontractor entering into a contract with a contractor
who has a construction contract with the Town of Hyde Park, to 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 State Labor Law, anything in § 103 of
the New York General Municipal Law to the contrary notwithstanding.
B.
Contracts involving maintenance work, custodial services,
any work upon leased facilities, professional services, engineering/architectural
services, equipment purchases and federally funded contracts are exempt
from the provisions of this chapter.
[Amended 12-12-2011 by L.L. No. 5-2011]
C.
If a specific
trade required for performance of a contract or project does not have
a New York State Department-of-Labor-approved apprenticeship training
program at the time of the award of a construction contract, such
contract is not subject to the provisions of this chapter.
[Added 12-12-2011 by L.L. No. 5-2011]
D.
If a single
bid is received for a construction contract subject to this chapter
from a contractor that does not maintain an approved apprenticeship
training program, the Town may elect, in its sole discretion, to award
said contract to the single bidder rather than rebidding the construction
contract.
[Added 12-12-2011 by L.L. No. 5-2011]
E.
Notwithstanding
anything in this chapter to the contrary, at its discretion the Town
Board reserves the right to accept any bid, in whole or in part, or
reject all bids and readvertise in the manner outlined by §§ 101
and 103 of the General Municipal Law.
[Added 12-12-2011 by L.L. No. 5-2011]
The Town Purchasing Department, subject to the
approval of the Supervisor, 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.
This chapter shall apply to construction contracts
advertised for bids on or after the effective date hereof.
