Referred to: The Public Works and Capital Projects Committee (Chairman Fabiano

and Legislators Greene, Litts, Loughran, and Maloney), The Government Efficiency

and Review Committee (Chairman J. Parete and Legislators Belfiglio, Briggs,

Greene, and R. Parete), and The Ways and Means Committee (Chairman Gerentine

and Legislators Allen, Bartels, Belfiglio, Briggs, Maio, and Maloney)

Legislator John R. Parete offers the following:

WHEREAS, Resolution No. 319 of October 11, 2001, established a County

policy requiring the Purchasing Director and relevant department heads to explore

the use of a Project Labor Agreement for construction projects over $1,000,000; and

WHEREAS, after consideration of research, studies and discussions with

various labor organization representatives it has been determined that the $1,000,000

threshold should be increased; now, therefore be it

RESOLVED, that, unless otherwise waived and/or modified per the

conditions herein established, it is the policy of the County of Ulster that in all

construction projects where the estimated total of construction contracts for an

individual project is equal to or exceeds $3,500,000.00 $5,000,000.00, and the

project requires the services of three or more contractors for completion, the

Purchasing Director and appropriate Ulster County Department Head shall initiate a

Due Diligence Study to explore and consider using project labor agreements to

reduce construction costs, avoid delay claims, and potential litigation, when the use

of a project labor agreement is rationally based upon reasons in the public interest

promoted by the competitive bidding statutes; and, be it further

RESOLVED, upon completion of each Due Diligence Study, the findings of

said study and recommendation of the Purchasing Director and appropriate Ulster

County Department Head shall be filed with the Clerk of the Legislature; and, be it

further

RESOLVED, that each recommendation of the Purchasing Director and

appropriate Ulster County Department Head shall be subject to review and

ratification by the Ulster County Legislature; and, be it further

RESOLVED that, the Purchasing Director may request that the terms of

this policy be waived or modified for a specific project on such terms as may be

agreed upon by the Chair and Deputy Chair of the Legislature’s Ways and

Means Committee. Any such request shall be submitted in the form of a

memorandum from the Purchasing Director submitted to the Clerk of the

Legislature which shall include any supporting material justifying any deviation

from this policy; and be it further 

RESOLVED, that the $3,500,000.00 $5,000,000.00 threshold contained herein

shall be reviewed and amended as deemed necessary by the appropriate Standing

Committee of the Ulster County Legislature; and, be it further

RESOLVED, that this policy shall not preclude the Legislature from

requiring the initiation of a due diligence study for projects under $5,000,000.00

via resolution; and, be it further

RESOLVED, that the Ulster County Project Labor Agreement Policy of the

County of Ulster, as amended and set forth in this resolution, shall take effect

immediately upon the adoption of this resolution,

and move its adoption.

ADOPTED AS AMENDED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Bartels)

Postponed in Committee: Public Works and Capital Projects on September 6, 2017

Passed Committee: Public Works & Capital Projects as amended on October 4, 2017

Passed Committee: Government Efficiency and Review on October 16, 2017

Postponed in Committee: Ways and Means on October 17, 2017

Postponed in Committee: Ways and Means on November 8, 2017

Postponed in Committee: Ways and Means on November 14, 2017

Passed Committee: Ways and Means as amended on December 19, 2017

FINANCIAL IMPACT:

NONE 

Legislator Gerentine motioned, seconded by Legislator Maio, to insert additional

language and amend the threshold in the first RESOLVED, add two additional

RESOLVED clauses as indicated in bold font, and amend the threshold in the fifth

RESOLVED.

MOTION ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Bartels)

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 19th Day of December in the year Two Thousand

and Seventeen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 21st Day of

December in the year Two Thousand and Seventeen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Returned unsigned by the County Executive and

21st Day of December, 2017. deemed adopted this 29th Day of December, 2017

|s| Victoria A. Fabella |unsigned|___________________________

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature