[HISTORY: Adopted by the City Council of
the City of Trenton as indicated in article histories. Amendments
noted where applicable.]
[1]
Editor’s Note: This ordinance was adopted by referendum
vote of the voters of the City of Trenton at the general election
held on 11-7-2006.
Subject to the exception set forth below, all
contracts to be awarded by the City which would otherwise be exempt
from the public bidding laws and which have a value in excess of $17,500,
as determined in advance and certified in writing by the Purchasing
Agent or the department head seeking the procurement, shall only be
awarded pursuant to a "fair and open" process.
A.
"Fair and open" shall mean either:
(1)
The contract shall be publicly advertised on the City
Internet Web site in sufficient time to give notice in advance of
the contract solicitation and awarded pursuant to a process that provides
for public solicitation of proposals or qualifications and awarded
based upon criteria established in writing by the City prior to the
solicitation of proposals or qualifications and that the proposals
be publicly opened at the designated time and place and that evaluation
of the proposals be conducted consistent with this article;
(2)
The contract is awarded pursuant to the competitive
contracting provisions of the Local Public Contracts Law, N.J.S.A.
40A:11-4.1 et seq.; or
(3)
The contract is awarded pursuant to public solicitation
of bids.
B.
Further consistent with the provisions of N.J.S.A.
19:44A-20.7, the City's determination of what constitutes a fair and
open process shall be final.
C.
Fair and open may necessarily be implemented differently
for different categories of procurement depending on the subject matter
of the procurement and the nature and nuances of the industry providing
the services or the product, but in every instance, the principles
of fair and open shall be maintained.
A.
The process may include the prequalification of potential
proposers and shall include the solicitation of proposals on forms
to be developed by the Purchasing Agent and the department head to
whose department the services will be provided or for whose department
the product shall be procured, or their designees. The award of a
contract shall be based on evaluation of the proposals, based on criteria
which may include but are not necessarily limited to the following:
accessibility; understanding of the assignment; price; methodology/plan
for accomplishing the assignment; general experience; experience specific
to the assignment; sufficiency of resources to perform the task; performance
of the services within the United States of America.
B.
The proposals shall be evaluated by a committee consisting
of the Business Administrator or his or her designee; the Purchasing
Agent or his or her designee, and the department head to whose department
the services will be provided or for whose department the product
shall be procured or his or her designee.
C.
The proposals shall be publicly opened and a list
created of all proposals submitted.
D.
The award to the successful proposer shall be made
by resolution adopted by the City Council.
In the alternative to proceeding with a fair-and-open
process described herein, the City may award a contract to a business
entity for an amount in excess of $17,500, pursuant to procedures
prescribed by the New Jersey Local Public Contracts Law and without
competitive bidding or competitive contracting; however, such award
may be made only if the recipient of the contract provides a written
certification that it has not made, or will not make, a political
contribution which would bar the award of the contract.
A.
A disqualifying contribution in the context of this
provision shall be one that is reportable by the recipient pursuant
to N.J.S.A. 19:44A-1 et seq., and made within the time frame provided
in that statute. If so awarded, the vendor receiving the contract
shall not thereafter make such a reportable contribution during the
term of that contract.
B.
If a business entity makes a contribution that would
cause it to be ineligible to receive such a public contract or, in
the case of a contribution made during the term of the public contract,
that would constitute a violation of N.J.S.A. 19:44A-20.4 et .seq.,
the business entity may request, in writing, within 60 days of the
date on which the contribution was made, that the recipient thereof
repay the contribution. If repayment is received within 60 days, the
business entity will again be eligible to receive a contract or would
no longer be in violation, as the case may be.
A.
To the extent that it is not inconsistent with state or federal law, the City of Trenton and any of its departments, instrumentalities or purchasing agents shall not enter into any agreement or otherwise contract to procure professional services, as such term is used at N.J.S.A. 40A:11-5(1)(a)(i) and/or banking, insurance or other consulting service (hereinafter "professional services") from any professional business entity if such professional business entity has solicited or made any contribution, as such term is defined at N.J.A.C. 19:25.1.7, which definition includes loans, pledges and in-kind contributions (hereinafter "contribution"), to i) a candidate or joint candidates committee of any candidate for elective municipal office in Trenton or a holder of public office having ultimate responsibility for the award of a contract, or ii) any Trenton or Mercer County political party committee, or iii) any political action committee that regularly engages in the support of Trenton municipal or Mercer County elections and/or Trenton municipal or Mercer County political parties or Trenton municipal or Mercer County political party committees (hereinafter "PAC") in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract or agreement.
B.
No professional business entity who submits a proposal for, enters
into negotiations for, or agrees to any contract or agreement with
the City of Trenton, or any of its departments or instrumentalities,
for the rendition of professional services shall knowingly solicit
or make any contribution, to: i) a candidate or joint candidates committee
of any candidate for elective municipal office in Trenton or holder
of public office having ultimate responsibility for the award of a
contract, or ii) to any Trenton or Mercer County political party committee,
or iii) to any political action committee ("PAC") that regularly engages
in the support of Trenton municipal or Mercer County elections and/or
Trenton municipal or Mercer County political parties or Trenton municipal
or Mercer County political party committees, between the time of first
communication between that professional business entity and the municipality
regarding a specific agreement for professional services and the later
of the termination of negotiations or rejection of any proposal, or
the completion of the performance of that contract or agreement.
C.
For purposes of this article, a "professional business entity" whose contributions are regulated by Subsections A and B hereof means: i) an individual, including the individual's spouse and any child/children living at home; ii) a firm, corporation, professional corporation, partnership, limited liability company, organization, association, and any other manner and kind of business entity; iii) any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in i) and ii) above and their spouses and child/children living at home; iv) all partners or officers of such entity, in the aggregate, and their spouses and child/children living at home; and v) all persons who are an "affiliate" of a person as defined in i) and ii) above, as such term is used in 11 U.S.C. § 101(2).
D.
The monetary thresholds of this article are: i) a maximum of $300 each for any purpose to any candidate for Mayor or governing body, or $300 to a political party committee of the City of Trenton; ii) $500 to a Mercer County political party committee or to any PAC. However, any group of persons meeting the definition provided in Subsection C above of "professional business entity" may not annually contribute for any purpose in excess of $2,500 to all City of Trenton candidates and officeholders with ultimate responsibility for the award of the contract and all City of Trenton or Mercer County political party committees and PACs combined, without violating Subsection A of this section.
E.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be:
(1)
The City of Trenton Mayor or governing body, if the contract requires
approval of appropriation from the Mayor or governing body.
(2)
The Mayor of the City of Trenton, if the contract requires approval
of the Mayor or if a public officer who is responsible for the award
of a contract is appointed by the Mayor.
A.
Prior to awarding any contract or agreement to procure professional services from any professional business entity, the City of Trenton or its purchasing agents and departments, as the case may be, shall receive a sworn statement from the intended recipient of said contract that he/she/it has not made a contribution in violation of § 57-4 of this article.
B.
The recipient of said contract shall have a continuing duty to report
any violations of this article that may occur during the negotiation,
proposal process or duration of a contract's performance. The
certification required under this subsection shall be made prior to
entry into the contract or agreement with the City of Trenton, or
prior to the provision of services or goods, as the case may be, and
shall be in addition to any other certifications that may be required
by any other provision of law.
A recipient of a contract for professional services may cure a violation of § 57-4 of this article, if, within 30 days after the general election which follows the date of the contribution, the contract recipient notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such excess contribution.
The contribution limitations prior to entering into a contract in § 57-4A do not apply to contracts which i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4, or ii) are awarded in the case of an emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a "fair and open process" under N.J.S.A. 19:44A-20 et seq.
A.
It shall be a material breach of the terms of a City of Trenton agreement
or contract for professional services when a recipient of such agreement
or contract has: i) made or solicited a contribution in violation
of this article; ii) knowingly concealed or misrepresented a contribution
given or received; iii) made or solicited contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution; iv) made or solicited any contribution on the condition
or with the agreement that it will be recontributed to a candidate
or joint candidates committee of any candidate for elective municipal
office in Trenton or any Trenton or Mercer County political part committee,
or any PAC; v) engaged or employed a lobbyist or consultant with the
intent of understanding that such lobbyist or consultant would make
or solicit any contribution, which if made or solicited by the professional
business entity itself would subject that entity to the restrictions
of this article; vi) funded contributions made by third parties, including
consultants, attorneys, family members, and employees; vii) engaged
in any exchange or contributions to circumvent the intent of this
article; or viii) directly or indirectly, through or by any other
person or means, done any act which if done directly would subject
that entity to the restrictions of this article.
[Adopted 9-4-2014 by Ord.
No. 14-43]
It is hereby declared to be the public policy of the City of
Trenton that the hiring of Trenton residents to the greatest extent
possible by developers, construction contractors and any other entities
or individuals which have been contracted to conduct business with
the City of Trenton shall be applied to any and all federally or state-assisted,
City-sponsored or privately funded developments within the City limits,
with bona fide Trenton residents being afforded a minimum of 25% of
the total employee worker hours in each construction trade and/or
company position. The term "employees" shall apply to persons filling
apprenticeship and on-the-job-training positions, and said developers,
contractors and employers may rely upon the traditional referral methods
in the hiring of employees, journeymen, apprentices, trainees and
helpers. By way of example: for a construction contract, the categories
shall include, but not be limited to, carpenters, drywall (sheetrock)
installers, electricians, framers, glazers, hazardous materials removers,
heavy-equipment operators, laborers, landscapers, masons, painters,
pipe fitters, plumbers, roofers and window installers.
A.
The City of Trenton requires, as part of its bid specifications and
contract stipulations, that all/any prospective contractors bidding
for a municipal contract take affirmative steps to the greatest extent
feasible to employ qualified Trenton residents for 25% of the duration
of the contract. In order to comply with this section, contractors
or other persons doing business with the City shall demonstrate good-faith
efforts to ensure that 25% of the total employee worker hours shall
be reserved for Trenton residents.
B.
Contractors awarded City contracts in compliance with Subsection A above are required to submit semiannual progress reports to the Trenton Employment Commission containing an accurate record of the number of Trenton residents hired as well as the number of Trenton residents currently employed on the project; the number of training positions, if any, and the amount of positions that will be filled by Trenton residents; and the necessary level of job skills required of Trenton residents to plan and implement the work to be done on the job. In the semiannual reports the contractors should document all "good faith" efforts in their actions to hire Trenton residents. For example, such documentation should consist of the following:
A.
In order to validate a good-faith effort with qualified Trenton residents,
contractors shall comply with the stipulations of this article and
shall require themselves and each subcontractor to designate an individual
to serve as a compliance officer for the purpose of pursuing the Trenton
Resident Employment Policy.
B.
Prior to the start of construction, the contractor, and each subcontractor
then selected, shall meet with appropriate representatives of the
construction trade unions, when necessary, representatives from the
Trenton Department of Housing and Economic Development, and the awarding
or contracting authority for the purpose of reviewing the standards
and the estimated employment requirements for construction activity
over the construction period of the project.
C.
Whenever any person involved in the construction of a project makes
a request to a union hiring hall, business agent or contractors'
association of qualified workers, the requestor shall ask that those
qualified applicants referred for construction positions be referred
in the proportions specified in the Trenton Resident Employment Policy
standards and shall further contain a recitation of such standards.
However, if the requesting party's workforce composition at any
time falls short of any one or more of the proportions specified in
the standards, the requesting party shall adjust his or her request
so as to seek to more fully achieve the proportions as specified in
which a request for qualified employees has been made fails to fully
comply with the request, the requesting party's compliance officer
shall seek written confirmation that there are insufficient employees
in the categories specified in the request and that such insufficiency
is documented on the unemployment list maintained by the hall, agent
or association. Copies of any confirmation so obtained shall be forwarded
to the Commission. Copies of any requests for qualified employees
made at the time that the requesting party's workforce composition
falls short of any one or more such standards shall be forwarded contemporaneously
to the Commission.
D.
All persons applying directly to the contractor or any subcontractor
for employment in construction of a project who are not employed by
the party to whom application is made shall be referred by said party
to the Commission, and a written record of such a referral shall be
made by said party, a copy of which shall be sent to the Commission.
E.
Contractors shall maintain a file of the names, addresses, and telephone
numbers of each Trenton resident who has sought employment with respect
to a project or who was referred to the contractor by the Trenton
Employment Commission but was not hired. The contractor shall maintain
a record of the reason any such person was not hired. If the construction
of a project is subject to any union collective bargaining agreements,
it shall be required that the employee complies with any lawful union
security clauses contained in such agreement.
F.
The contractor shall in a timely manner complete and submit to the
Commission a projection of the workforce needs over the course of
construction of the project. Such a submission shall reflect the needs
by trade for each month of the construction phase.
G.
The contractor shall obtain from each worker employed in the construction
of the project, a sworn statement containing the worker's name
and place of residence.
H.
One week following the commencement of construction of the project,
and each week thereafter until such work is completed, the contractor
shall complete and submit to the Trenton Employment Commission for
the week just ended a report which reflects, for each employee, the
employee's name, place of residence, race, gender, trade and
total number of worker hours he or she worked, and the total worker
hours of its total workforce.
I.
The contractor and each subcontractor shall maintain records reasonably necessary to ascertain compliance with the steps detailed in Subsections A through H hereof for at least one year after the beginning of the construction of the project. In its review of records of a construction project submitted to demonstrate compliance with these steps, the Commission shall take into consideration any affirmative action outreach programs and affirmative action job training programs of the particular trades participating in the project.
A.
In order to validate a good-faith effort to hire qualified Trenton residents, any developer engaged in a project with the City that is funded, in whole or in part, by the City and in excess of $2,500,000 shall comply with the stipulations of this article and shall incorporate in every general construction contract or construction management agreement an enumeration of the standards and shall impose a responsibility upon such general contractor or construction management to take all steps enumerated in § 57-11A through I and incorporate such standards in all subcontracts and impose upon all subcontracts the obligation to take such steps.
B.
The developer shall meet with the contractor no less frequently than
weekly throughout the period of construction of the project to review
the contractor's compliance with such standards and steps. The
developer shall maintain minutes of such meetings and shall forward
a copy of such minutes to the Trenton Employment Commission within
10 days of such meeting.
The following procedures and guidelines must be followed by
all subcontractors performing work on the project. This project is
subject to the Trenton Resident Employment Policy and will be monitored
by the Commission to ensure that twenty-five-percent employment of
Trenton residents is achieved and maintained.
A.
Submit a letter to the union explaining that this project is subject
to the Trenton Resident Employment Policy, which requires that twenty-five-percent
employment of Trenton residents should be achieved on a weekly basis
until completion of your contract with this company.
B.
As your company gets ready to hire workers from the local union,
keep in mind that all requests made by your job representative in
your office must be done in writing. All requests must include the
name of the representative making such request, the names of persons
she/he contacted at the union hall, date of contract and action taken
by union representative.
C.
A meeting is to take place with union business agents before your
company starts any type of work on this project.
D.
Your office must keep records for all walk-in applicants. Records
should include the name, address, and telephone number of the applicant,
the position for which the applicant applied, whether the applicant
is a resident, and action taken by your office.
E.
A meeting shall be called by the general contractor and the Commission
to discuss what other steps will be taken to help your office comply
with these requirements.
F.
Developers shall make any and all efforts to contract with local
contractors and suppliers whenever possible.
