[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 9-16-1987 by Ord. No. V-126. Amendments noted where applicable.]
It is hereby declared to be the public policy of the City of Hoboken (hereafter the "city") to recognize that it is in the best interests of all citizens and residents of Hoboken that there be full employment within the city.
The city also recognizes that it should assist those citizens and residents who do not now enjoy full employment to achieve full employment status.
The city also recognizes that it should assist those citizens and residents who are underemployed or whose employment does not use their full potential to achieve employment which will be consistent with the abilities and talents of each person.
First source agreements shall be required of all employers doing business in Hoboken where:
Construction is done on land owned by the City of Hoboken. The requirement shall apply whether the developer, employer or another is the lessee of Hoboken land or the city is directly involved in the construction project.
Construction is done on land which receives tax abatement or any other form of grant, subsidy or economic encouragement from the city, including through federal and state grants and loans to the city.
Contractors, developers or employers contract directly with Hoboken to perform any services or work or provide any materials for work being done for Hoboken.
First source agreements shall be required of businesses with facilities located in Hoboken where:
The facility is located on land owned by or leased from the city.
The facility is located in any building or structure which received any tax abatement or any other form of grant, subsidy or economic encouragement from the city.
The business receives any grant, loan or subsidy of any kind from the United States, the State of New Jersey or the City of Hoboken. The provisions shall not apply to agencies of the United States, the State of New Jersey or the County of Hudson.
All other businesses, employers or persons of any kind carrying on any economic activity in Hoboken financed entirely with private funds and located on land not owned by or leased from the city shall be encouraged to enter into voluntary first source agreements with the city, whereby the person will demonstrate a good faith commitment to the well-being of the city and its residents and citizens by agreeing to accept recruitment, referral and placement services from the city.
There is hereby created the position of First Source Coordinator in the Community Development Agency of Hoboken. The First Source Coordinator shall oversee and implement the program of first source agreements created by this chapter. The duties of this position shall include but not be limited to:
Contacting all persons doing business in Hoboken and determining whether such persons are covered by the mandatory provisions of this chapter.
Negotiating first source agreements with all persons covered by the mandatory provisions.
Encouraging all employers not covered by the mandatory provisions of this chapter to enter into voluntary first source agreements and negotiating such voluntary agreements.
Coordinating the activities of all city departments and agencies to assure that the mandatory provisions of this chapter are being met.
Signing complaints, testifying in court and such other activities as may be necessary to enforce this chapter.
Preparing and submitting for the Council approval standard forms of agreement created by ordinance.
All first source agreements shall be subject to the approval of the Municipal Council by resolution.
Unless otherwise defined by this chapter, all terms shall have the meanings ordinarily given in business and commerce usage. The following words shall be defined and have the meanings as follows:
- Any individual, corporation, partnership or other business organization engaged in the construction, demolition, rehabilitation or renovation of any kind of buildings or structures.
- Any individual, corporation, partnership or other person of any kind, whether natural or artificial, engaged in commerce, trade, a profession, construction or work of any kind, whether for profit or not.
- As defined by N.J.S.A. 40:55D-4.
- As defined by N.J.S.A. 26:8-40.7.
- FIRST SOURCE AGREEMENT
- A contract between the city and an employer, developer, builder, contractor or any other person whereby the city undertakes to provide employment recruitment, referral and placement services and the other party agrees to hire, train and otherwise employ persons referred or provided by the city pursuant to the agreement. Such training can include classroom training programs, apprentice training programs and on-the-job training programs.
The first source agreement shall include provisions for liquidated damages or predetermined penalties in the event of breach of any first source agreement. It shall be the policy of the city to require clauses for liquidated damages or predetermined penalties in all mandatory agreements and to seek such clauses in voluntary agreements.