[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 9-2-1987 by Ord. No. V-122. Amendments noted where applicable.]
Department of Administration — See Ch. 4.
Administrative affairs — See Ch. 6.
Budget operations — See Ch. 16.
Editor's Note. This ordinance also repealed former Ch. 60, Purchasing, adopted 8-17-1977 by Ord. No. C-84.
This chapter shall be known and may be cited as the "Purchasing Ordinance of the City of Hoboken."
The word "shall" is always mandatory and not directory.
For the purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meanings given herein:
- AMERICAN SOCIETY FOR TESTING AND MATERIALS
- ASTM International, an open forum for the development of
high quality, market relevant international standards use around the
globe.[Added 5-17-2017 by Ord. No. Z-493]
- BIO-BASED PRODUCTS
- Commercial or industrial products (other than food or feed)
that utilize agricultural crops or residues but does not include products
made from forestry materials.[Added 5-17-2017 by Ord. No. Z-493]
- BIODEGRADABLE PLASTIC
- The degradation of the plastic must occur as a result of
the action of naturally occurring microorganisms.[Added 5-17-2017 by Ord. No. Z-493]
- BIODEGRADABLE PRODUCTS INSTITUTE (BPI)
- A multi-stakeholder association of key individuals and groups
from government, industry and academia, which promotes the use, and
recycling of biodegradable polymeric materials (via composting). BPI
does not create standards but certifies products that demonstrate
they meet the requirements in ASTM D6400 or D6868, based on testing
in an approved laboratory.[Added 5-17-2017 by Ord. No. Z-493]
- BUSINESS ADMINISTRATOR
- The Business Administrator of the City of Hoboken in the County of Hudson.
- CARPET AND RUG INSTITUTE (CRI)
- The national trade association representing the carpet and
rug industry. CRI has developed and administered the "Green Label"
indoor air quality testing and labeling program for carpet, adhesives,
cushion materials and vacuum cleaners.[Added 5-17-2017 by Ord. No. Z-493]
- Products processed without chlorine or chlorine derivatives.[Added 5-17-2017 by Ord. No. Z-493]
- The City of Hoboken in the County of Hudson.
- COMPOSTABLE PLASTIC
- Plastic that is biodegradable during composting to yield
carbon dioxide, water and inorganic compounds and biomass, at a rate
consistent with other known compostable materials and leaves no visually
distinguishable or toxic residues.[Added 5-17-2017 by Ord. No. Z-493]
- Any person, group of persons, business, consultant, designing
architect, association, partnership, corporation, supplier, vendor
or other entity that has a contract with the City or serves in a subcontracting
capacity with the City or with an entity having a contract with the
City for the provision of any goods or services.[Added 5-17-2017 by Ord. No. Z-493]
- CONTRACTUAL SERVICES
- Includes all telephone, gas, water, electric light and power service, repair or maintenance of equipment, machinery and other City-owned personal and real property. The term shall not include professional and other contractual services which are, by their nature, unique and not subject to competition.
- The Council of the City of Hoboken in the County of Hudson.
- DEGRADABLE PLASTIC
- Plastic that undergoes significant changes in its chemical
structure under specific environmental conditions.[Added 5-17-2017 by Ord. No. Z-493]
- DIOXINS AND FURANS
- A group of chemical compounds that are classified as persistent,
bioaccumulative, and toxic by the U.S. Environmental Protection Agency
(EPA).[Added 5-17-2017 by Ord. No. Z-493]
- ELECTRONIC PRODUCT ENVIRONMENTAL ASSESSMENT TOOL (EPEAT)
- A procurement tool to help institutional purchasers in the
public and private sectors evaluate, compare and select desktop computers,
notebooks and monitors based on their environmental attributes.[Added 5-17-2017 by Ord. No. Z-493]
- ENERGY EFFICIENT PRODUCT
- A product that is in the upper 25% of energy efficiency for
all similar products, or that is at least 10% more efficient than
the minimum level that meets federal standards and guidelines.[Added 5-17-2017 by Ord. No. Z-493]
- ENERGY STAR
- The U.S. EPA's energy efficiency product labeling program.[Added 5-17-2017 by Ord. No. Z-493]
- EXTRAORDINARY UNSPECIFIABLE SERVICES
- Services which are specialized and qualitative in nature requiring expertise, extensive training and proven reputation in the field of endeavor.
- FEDERAL ENERGY MANAGEMENT PROGRAM
- A program of the Department of Energy that issues a series
of product energy efficiency recommendations that identify recommended
efficiency levels for energy-using products.[Added 5-17-2017 by Ord. No. Z-493]
- FOREST STEWARDSHIP COUNCIL (FSC)
- A global organization that certifies responsible, on-the-ground
forest management according to rigorous standards developed by a broad
variety of stakeholder groups.[Added 5-17-2017 by Ord. No. Z-493]
- GREEN BUILDING PRACTICES
- A whole-systems approach to the design, construction, and
operation of buildings and structures that helps mitigate the environmental,
economic, and social impacts of construction, demolition, and renovation.
Green building practices, such as those described in the LEED IM Rating
System, recognize the relationship between natural and built environments
and seeks to minimize the use of energy, water, and other natural
resources and provide a healthy productive environment.[Added 5-17-2017 by Ord. No. Z-493]
- GREEN SEAL
- An independent, nonprofit environmental labeling organization.
Green Seal standards for products and services meet the US EPA's criteria
for third-party certifiers. The Green Seal is a registered certification
mark that may appear only on certified products.[Added 5-17-2017 by Ord. No. Z-493]
- INTEGRATED PEST MANAGEMENT (IPM)
- An ecosystem-based strategy that focuses on long-term prevention
of pests or their damage through a combination of techniques such
as biological control, habitat manipulation, modification of cultural
practices, and use of resistant varieties. Pesticides are used only
after monitoring indicates they are needed according to established
guidelines, and treatments are made with the goal of removing only
the target organism. Pest control materials are selected and applied
in a manner that minimizes risks to human health, beneficial and nontarget
organisms, and the environment.[Added 5-17-2017 by Ord. No. Z-493]
- LEED RATING SYSTEM
- The most recent applicable version of the Leadership in Energy
and Environmental Design (LEED™) Rating System approved by the
US Green Building Council.[Added 5-17-2017 by Ord. No. Z-493]
- ORGANIC PEST MANAGEMENT
- Prohibits the use and application of toxic chemical pesticides
and strives to prevent pest problems through the application of natural,
organic horticultural and maintenance practices. All pest control
products shall be in keeping with, but not limited to, those products
on the approved list of New Jersey Certified Organic Foods (NJOF).[Added 5-17-2017 by Ord. No. Z-493]
- POSTCONSUMER MATERIAL
- A finished material which would normally be disposed of as
a solid waste, having reached its intended end-use and completed its
life cycle as a consumer item, and does not include manufacturing
or converting wastes.[Added 5-17-2017 by Ord. No. Z-493]
- PRACTICAL and PRACTICABLE
- Whenever possible and compatible with local, state and federal
law, without reducing safety, quality, or effectiveness and where
the product or service is available at a reasonable cost in a reasonable
period of time.[Added 5-17-2017 by Ord. No. Z-493]
- PRECONSUMER MATERIAL
- Material or by-products generated after manufacture of a
product is completed but before the product reaches the end-use consumer.
Preconsumer material does not include mill and manufacturing trim,
scrap or broke which is generated at a manufacturing site and commonly
reused on-site in the same or another manufacturing process.[Added 5-17-2017 by Ord. No. Z-493]
- PROFESSIONAL SERVICES
- Services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and performance of work that is original and creative in character in a recognized field of artistic endeavor.
- A transaction for a valuable consideration or acquiring an interest in supplies, contractual services and property except real property or any interest therein.
- PURCHASING AGENT
- The Purchasing Agent of the City of Hoboken in the County
of Hudson.[Amended 5-5-2010 by Ord. No. Z-37]
- RECOVERED MATERIAL
- Fragments of products or finished products of a manufacturing
process, which has converted a resource into a commodity of real economic
value, and includes pre-consumer and postconsumer material but does
not include excess resources of the manufacturing process.[Added 5-17-2017 by Ord. No. Z-493]
- RECYCLED CONTENT
- The percentage of recovered material, including preconsumer
and postconsumer materials, in a product.[Added 5-17-2017 by Ord. No. Z-493]
- RECYCLED CONTENT STANDARD
- The minimum level of recovered material and/or postconsumer
material necessary for products to qualify as "recycled products."[Added 5-17-2017 by Ord. No. Z-493]
- RECYCLED PRODUCT
- A product that meets the City's recycled content policy objectives
for postconsumer and recovered material.[Added 5-17-2017 by Ord. No. Z-493]
- REMANUFACTURED PRODUCT
- Any product diverted from the supply of discarded materials
by refurbishing and marketing said product without substantial change
to its original form.[Added 5-17-2017 by Ord. No. Z-493]
- REUSED PRODUCT
- Any product designed to be used many times for the same or
other purposes without additional processing except for specific requirements
such as cleaning, painting or minor repairs.[Added 5-17-2017 by Ord. No. Z-493]
- SOURCE REDUCTION
- Refers to products that result in a net reduction in the
generation of waste compared to their previous or alternate version
and includes durable, reusable and remanufactured products; products
with no, or reduced, toxic constituents; and products marketed with
no, or reduced packaging.[Added 5-17-2017 by Ord. No. Z-493]
- Includes all supplies, materials and equipment.
- U.S. EPA GUIDELINES
- The Comprehensive Procurement Guidelines established by the
U.S. Environmental Protection Agency for federal agency purchases
as of May 2002 and any subsequent versions adopted.[Added 5-17-2017 by Ord. No. Z-493]
- USING AGENCY
- Any department, agency, commission, bureau or other unit in the City government using supplies or procuring contractual services as provided for in this chapter.
- WATER-SAVING PRODUCTS
- WaterSense products or those that are in the upper 25% of
water conservation for all similar products, or at least 10% more
water-conserving than the minimum level that meets the Federal standards.[Added 5-17-2017 by Ord. No. Z-493]
[Amended 5-5-2010 by Ord. No. Z-37]
A centralized purchasing system is hereby established as a Division of Purchasing in the Department of Administration. There is hereby established the position of Purchasing Agent who shall be appointed by the Business Administrator. The Business Administrator shall serve as the Purchasing Agent until the office is filled by appointment.
[Amended 5-5-2010 by Ord. No. Z-37]
The Purchasing Agent shall have the powers and duties prescribed by this chapter:
The Purchasing Agent is hereby authorized and it shall be his/her duty to purchase or contract for all supplies and services needed by the City in accordance with purchasing procedures, as prescribed by this chapter and such rules and regulations as the Business Administrator shall adopt for the internal management and operation of the Division of Purchasing.
The authority of the Purchasing Agent shall not include the construction of buildings, major street and parks improvements and other related projects.
Except as herein provided, it shall be unlawful for any City officer or employee to order, to purchase or to make any contract within the purview of this Article other than through the Division of Purchasing, and any purchase order or contract made contrary to the provisions hereof shall not be approved by the Purchasing Agent, and the City shall not be bound thereby.
In addition to the purchasing authority confined herein, the Purchasing Agent shall:
Act to procure for the City the maximum value for each dollar of expenditure.
Discourage uniform bidding and endeavor to obtain full and open competition insofar as possible on all purchases and sales.
Keep informed of current developments in the field of purchasing, prices, market conditions and new products and secure for the City the benefit or research done in the field of purchasing by other governmental jurisdictions, national technical societies and trade and business organizations.
Prescribe and maintain such forms as he shall find reasonably necessary to the operation of this Article and the administration of the centralized purchasing system.
Prepare, adopt and maintain a vendor's catalog file. Said catalog file shall be filed according to materials and shall contain descriptions of vendors' commodities.
Explore the possibilities of buying in bulk in order to take full advantage of discounts.
Act to procure to the City all federal tax exemptions to which it is entitled.
Prepare and adopt a standard purchasing nomenclature for using agencies and suppliers.
Prepare and secure, with the cooperation of the various City departments and agencies, standard and written specifications for supplies used by the various branches of the City government.
Establish a bidders list and a policy covering the organization, structure and maintenance of the bidders list.
The Business Administrator shall establish and amend, when necessary, all rules and regulations authorized by or promulgated under this chapter and any other rules and regulations necessary to its operation.
[Amended 5-5-2010 by Ord. No. Z-37]
All using agencies, either by or with the authorization of the head of the department under which the using agency operates, shall file with the Division of Purchasing detailed requisitions or estimates of their requirements in supplies and the contractual services in such manner at such time and for such future periods as the Purchasing Agent shall prescribe. The Purchasing Agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality or estimated cost, but revision as to quality shall be in accordance with the standards and specifications established pursuant to this chapter.
Any purchase order or contract within the purview of this chapter in which any officer or employee of the City is financially interested, directly or indirectly, shall be void.
The Purchasing Agent and every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded any rebate, gift, money or anything of value whatsoever.
[Amended 5-5-2010 by Ord. No. Z-37]
[Amended 5-5-2010 by Ord. No. Z-37]
All purchases of and contracts for supplies and contractual services and all sales of obsolete equipment shall, except as specifically provided herein, be based whenever possible on competitive bids. The Purchasing Agent may purchase supplies or contractual services under any contract for such supplies or contractual services entered into on behalf of the State of New Jersey by the Division of Purchase and Property in the Department of the Treasury without advertising for bids in accordance with the Revised Statutes of the State of New Jersey.
All supplies and contractual services, except as otherwise provided herein, when the estimated aggregate value thereof shall exceed the New Jersey statutory threshold established by N.J.S.A. 40A:11-4, shall be purchased by formal, written contact from the lowest responsible bidder, after due notice inviting proposals as required by the Revised Statutes of New Jersey.
Authorization to publicly advertise for formal bids shall be initiated by approval of the Council.
Formal bids shall be received by the Council unless otherwise ordered.
The Purchasing Agent, Business Administrator and using agency head shall review bids and submit recommendations as to the award to the Council.
[Amended 5-5-2010 by Ord. No. Z-37]
The Council shall award or reject bids under this section.
All purchases of supplies, real property, contractual services, professional services and extraordinary unspecifiable services of less than estimated aggregate value of the New Jersey statutory threshold established by N.J.S.A. 40A:11-3 may be made in the open market without newspaper advertisement and without observing the procedure prescribed by § 60-9 of this chapter for the award of formal contracts, but all purchases shall be made as required by the Revised Statutes of New Jersey.
All requisitions shall be approved by a using agency head.
[Amended 5-5-2010 by Ord. No. Z-37]
All open-market purchases over 15% of the current statutory bid threshold applicable to the City of Hoboken shall, whenever possible, be based on at least three competitive bids and shall be awarded to the lowest responsible bidder.
The Purchasing Agent shall keep a record of all open orders and all competitive bids submitted in connection herewith.
[Amended 5-5-2010 by Ord. No. Z-37; 10-21-2015 by Ord. No. 380]
Criteria for emergency purchases: An emergency may exist only if it fulfills the requirements of an emergency under N.J.A.C. 5:34-6.1 and these guidelines:
The emergency is a specific, definable danger to the public health, safety, or welfare; and
The emergency actually exists or imminently will exist because of unexpected circumstances, and it requires the immediate delivery of goods or services.
The emergency purchasing procedure can only be used if the need for the emergency purchase of goods or services both could not have been reasonably foreseen; and has arisen notwithstanding a good faith effort to plan for required goods or services.
Chain of command.
If the director of a City department believes an emergency exists, the director must immediately notify, advise, and give sufficient information of the emergency to the following "notified persons:"
The director must also, in writing, on or before the first working day after the emergency, prepare and deliver to the Business Administrator, an "Emergency Certification Form," attached Form A.
The Emergency Certification Form will include the following:
Sufficient detail of the nature and cause of the emergency, including whether it was unforeseen or unforeseeable, and why immediate purchasing action is required;
A request for the goods and services that are required to mitigate the emergency;
A certification of an existing or imminent emergency, and that there are not enough currently purchased supplies or services to respond to the emergency; and
The signature of the director.
Editor's Note: Said form is on file in the City offices.
If an emergency occurs when none of the notified persons is available:
The director defers a purchasing decision until one of the notified persons becomes available. However, in making this decision, the director shall weigh the potential damage to the public safety, health, or welfare that would be caused by a delay.
If the damage to the public would be great due to a delay in waiting for a notified person, the director may purchase the necessary and proper materials or services.
Note: Emergency purchases are costly and should be kept to a minimum. They are usually made hurriedly, on a noncompetitive basis, and at top prices. Most vendors charge a premium when supplies must be obtained immediately. By avoiding emergency orders, the City will save substantial money.
Any and all evidence and documentation of emergency purchases must be preserved by the director, including but not limited to sales tickets, bills, delivery slips, and/or counter receipts which the supplier normally furnishes.
This evidence must be attached to the Emergency Certification Form (Attached Form A) and be forwarded to the Business Administrator on the next work day following the date of purchase.
The Business Administrator may reject requests which are confirmation of orders if there is reason to believe no true emergency existed at the time of Purchase.
The notified person charged with approving the emergency purchase has the immediate responsibility to do the following:
To determine whether an emergency truly exists;
To ensure there are sufficient funds to carry out the work in mitigating the emergency; and
If the notified person charged with approving the emergency purchase finds there is no actual or imminent emergency, they must detail their reasons for denial in a written response to the director within four hours of the emergency purchase request.
If the notified person charged with approving the emergency purchase finds there is an actual or imminent emergency that requires immediate delivery of goods or services, the notified person charged with approving the emergency purchase can choose between options in Subsection B(6)(a) or (b) and must do Subsection B(6)(c):
Immediately authorize a contract for the emergency procurement of the goods and services which must be subject to the stated terms of contract below, at Subsection B(7), and:
Prepare a resolution for Council action declaring the existence of an emergency and authorizing the Business Administrator to proceed with the procurement of the needed goods and services.
Inform the Mayor, Corporation Counsel, and Office of Emergency Management of the nature and extent of the emergency and what actions have or will be taken, in writing.
In determining whether to apply Subsection B(6)(a) or (b), the notified person charged with approving the emergency purchase should solely measure the possible consequences to the public health, safety, or welfare which might result due to delay by waiting for the Council of the City of Hoboken to convene on the emergency.
The terms of the contract for an emergency purchase must follow N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1:
Emergency contracts do not require contract bidding:
But, whenever practicable, the Business Administrator will attempt to obtain at least two written quotes for the goods and services necessary to resolve the emergency.
If any quotes are received verbally, the Business Administrator must document the quotes, in writing, indicating the name of the vendor and the price quoted.
The emergency purchasing procedure cannot be used to enter into a contract for greater than six months.
The City of Hoboken will be bound by any contract made by the Business Administrator which is made in accordance with this article.
Within 30 days of issuing the emergency contract, the Business Administrator must submit an "Emergency Procurement Report" (Attached Form B) to the Director of the Division of Local Government Services.
Exception: If the Governor has formally declared an emergency in New Jersey, the Business Administrator does not have to file an Emergency Procurement Report.
Editor's Note: Said form is on file in the City offices.
The head of the using agency shall inspect or supervise the inspection of all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order of contract.
The Purchasing Agent shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the Purchasing Agent shall have the authority to make use of laboratory facilities of any outside laboratory. The costs of such tests shall be charged to the using agency.
[Amended 5-5-2010 by Ord. No. Z-37]
[Amended 5-5-2010 by Ord. No. Z-37]
All using agencies shall submit to the Purchasing Agent, at such times and in such form as he/she shall prescribe, reports showing stocks of all supplies and those which are no longer used or which have become obsolete, worn out or scrapped.
The Purchasing Agent shall submit to all departments, prior to the sale of surplus materials as described below, a list of items no longer required to determine if they can use any of the equipment, parts and supplies listed.
The Purchasing Agent shall have the authority to transfer surplus stock to other using agencies.
The Purchasing Agent shall have the authority to sell all supplies which have become unsuitable for public use or to exchange the same for or trade in the same on new supplies. Sales under this subsection shall be made to the highest responsible bidder in accordance with the statute in such case made and provided. A record of each sale shall be made and placed on file.
[Amended 5-5-2010 by Ord. No. Z-37]
The Purchasing Agent shall have the authority to join with other units of government in cooperative purchasing plans as provided for in the Revised Statutes of the State of New Jersey when the best interests of the City could be served thereby.
Any person, firm or corporation found guilty of violating this chapter or any of the provisions thereof shall be punished by a fine not exceeding $500 or imprisonment for a period not exceeding 90 days, or both, in the discretion of the Judge of the Municipal Court.
[Added 10-2-2013 by Ord. No. Z-255]
The following items shall all, on a prospective basis, be included in any and all construction contract bids which are prepared by, for, on behalf of, or in the interest of the City of Hoboken:
Financial responsibility is an important factor in contracting for construction services, and the City of Hoboken, through its contracting authority, by way of its Purchasing Agent, shall require all bid submissions on a public construction contract or on a private construction contract that receives financial assistance to include the production of satisfactory evidence that the business entity is properly registered and authorized to conduct the type of work to be performed, including evidence that demonstrates that the entity possesses or complies with all valid licenses, registrations or certificates required by federal, state, or county law, as well as complying with the general business license requirements of the City of Hoboken prior to the award and during the term of the contract.
The contracting authority, by way of its Purchasing Agent, shall confirm and substantiate that the contract awardee can reasonably be expected to complete and perform under the contract specifications, and the contracting authority, by way of its Purchasing Agent, may require the successful bidder to post a bid, performance, wage/fringe benefit and/or material bond(s). The contracting authority shall also determine if the successful bidder can reasonably be expected to complete the project within the time constraints as delineated in the request for bids and/or proposals.
The contracting authority, by way of its Purchasing Agent, shall also oblige all specifications to require submission of evidence from each bidding entity that it maintains a satisfactory level of past performance and integrity as well as the financial, supervisory, personnel, material, equipment, and other resources and expertise to satisfactorily meet its contractual responsibilities and obligations. The contracting authority, by way of its Purchasing Agent, shall also determine that the successful bidder has not been debarred by any federal, state, county or local agency or authority within the past three years or has not been convicted of any crime related to the construction business.
Social responsibility is a concern in awarding public contracts, and the contracting authority, by way of its Purchasing Agent, shall require all bidders to certify to bidder's record of conformity with environmental, labor, and health and safety laws, including compliance with the requirements of the United States Department of Labor's Occupational Safety and Health Administration. Additionally, the Purchasing Agent shall ensure that all bid specifications include a place for all bidders and their subcontractors to certify that they have participated in an apprenticeship program, registered and approved by the United States Department of Labor, for each separate trade or classification for which they employ craft employees, unless the contractor or subcontractor certifies that every worker shall be paid not less than the journeyworker's rate established for the apprenticeable trade performed pursuant to P.L. 1963, c. 150 (N.J.S.A. 34:11-56.25 et seq.). Additionally, the Purchasing Agent shall require inclusion of a certification in each bid specification that all bidders and subcontractors agree to continue to participate in such apprenticeship programs for the duration of the project. In addition, all bid specifications shall include a certification that the bidder and any and all of its subcontractors will show that such apprenticeship program provides each trainee with combined classroom and on-the-job training under the direct and close supervision of a highly skilled worker in an occupation recognized as an apprenticeable trade and meets the program performance standards of enrollment and graduation under 29 C.F.R. Part 29, § 29.6. Furthermore, the bidder shall be required to demonstrate and affirm that it is in compliance with the provisions of N.J.S.A. 34:20-1 et seq., the Construction Industry Independent Contractor Act.
All bid specifications shall require submission by all bidding entities of satisfactory evidence that the bidder and any subcontractors provide a benefit configuration being no less than required under N.J.S.A. 34:11-56.25 et seq., the New Jersey Prevailing Wage Act. Furthermore, all bid specifications shall require a certification from the bidder affirming that it has made a good-faith effort to provide 25% of all project work hours to residents of the City of Hoboken. For the purposes of this section, good-faith effort shall be defined in the bid specifications as a minimum of at least two community job fairs related to the construction of the specified project.
Furthermore, the bid specifications shall require all of the above items to be considered material and should allow the City to consider any bidder who fails to provide each of the required items as unresponsive to the bid specifications and, where applicable, irresponsible. Also, the bid specifications should include language that, should it be established after awarding of a contract that any of the information required by this section and provided by the bidding entity to the City of Hoboken was falsified or inaccurate, the contract shall be immediately voided at the sole cost and expense of the bidder.
The following definitions shall govern this section:
- FINANCIAL ASSISTANCE
- Something of economic value provided by the City of Hoboken to a private entity, expressly articulated or identified in writing by the City of Hoboken, including, but not limited to: loans, loan guarantees, grants, tax exemptions, tax abatements, tax incentive financing, and rent subsidies or reductions approved, funded, authorized, administered or provided by the local government entity or any of its instruments in connection with construction.
- PUBLIC CONSTRUCTION CONTRACT
- Any public construction project for the construction, reconstruction, demolition or renovation of buildings at the public expense, which it is required by law that workers be paid the prevailing wage determined by the Commissioner of Labor pursuant to the provisions of the New Jersey Prevailing Wage Act, P.L. 1963, c. 150 (N.J.S.A. 34:11-56.25 et seq).
[Added 5-17-2017 by Ord. No. Z-493]
Purchasing of supplies shall conform to the following Environmentally Preferable Purchasing Guidelines, when and where possible.
The City shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or overall workplace quality.
All documents shall be printed and photocopied on both sides (duplex) to reduce the use and purchase of photocopy paper.
Packaging that is reusable, recyclable or compostable shall be preferred, when suitable uses and programs readily exist.
Vendors shall be encouraged to eliminate excess packaging or to utilize the minimum amount necessary for product protection, to the greatest extent practicable.
Products that are durable, long lasting, reusable or refillable shall be preferred whenever available.
The City shall purchase remanufactured products such as toner/printer cartridges, retread tires, furniture, equipment and automotive parts whenever practicable, but without reducing safety, quality or effectiveness.
Vendors of electronic equipment, including but not limited to computers, monitors, printers, fax machines and photocopiers, shall be required to take back the equipment for reuse or environmentally safe recycling when the City discards or replaces such equipment, whenever and where practicable.
Vendors shall be encouraged to take back and reuse wooden pallets and other shipping and packaging materials when and where practicable.
The City shall consider provisions in contracts with vendors of nonelectronic equipment that require vendors to take back equipment for reuse or environmentally safe recycling when the City discards or replaces such equipment, whenever practicable.
The using agency shall consider short-term and long-term costs in comparing product alternatives, when feasible. This includes the evaluation of the total costs expected during the lifetime of the product, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives.
Recycled content products.
All products for which the United States Environmental Protection Agency (US EPA) has established minimum recycled content standard guidelines in the Agency's Comprehensive Procurement Guidelines (e.g., printing paper, photocopy paper, janitorial paper products, construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous and nonpaper office products), shall contain the highest postconsumer content practicable to the application, but no less than the minimum recycled content standards established by the US EPA Guidelines.
Photocopiers and printers purchased or leased by the City shall be compatible with the use of recycled content and remanufactured products.
All preprinted recycled content papers intended for distribution that are purchased or produced shall contain a statement that the paper is recycled.
The City shall purchase re-refined lubricating and industrial oil for use in its vehicles and other motorized equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment.
When specifying asphalt concrete, aggregate base or Portland Cement Concrete for road construction projects, the City shall utilize recycled, reusable or reground materials.
The City shall specify and purchase recycled content transportation products, including signs, traffic cones, parking stops, delineators, and barricades, which shall contain the highest postconsumer content practicable.
Energy and water savings.
All products purchased by the City and for which the US EPA Energy Star certification is available (e.g., appliances, heating, ventilation, and air conditioning) shall meet Energy Star certification, when practicable and available. When Energy Star labels are not available, the City shall choose energy-efficient products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program.
All products purchased by the City and for which the US EPA WaterSense certification is available (e.g., toilets, low-flow faucets and aerators, and upgraded landscape irrigation systems) shall meet WaterSense certification, when practicable and available.
The City shall replace inefficient interior lighting with energy-efficient equipment and bulbs.
The City shall work with PSE&G to replace inefficient exterior lighting, street lighting and traffic signal lights with energy-efficient equipment and bulbs. Exterior lighting shall be minimized when and where possible to avoid unnecessary lighting of architectural and landscape features while providing adequate illumination for safety and accessibility.
Green buildings and design.
All building and renovations undertaken by the City shall follow green building practices for design, construction, and operation, where appropriate and practicable, as described in the LEED Rating System. Architects and engineers procured for said work shall be required to have LEED accredited professionals on their staff assigned to the project.
Green building practices should be consistent with the City of Hoboken Green Building Policy ("A resolution of support for the adoption of green building practices for civic, commercial and residential buildings," October 19, 2011).
Landscaping and hardscaping.
All landscape renovations, construction and maintenance performed by the City, including workers and contractors providing landscaping services for the City, shall employ sustainable landscape management techniques for design, construction and maintenance, including, but not limited to, integrated pest management (IPM), grass recycling, drip irrigation, composting, and the procurement and use of mulch and compost that give preference to those products produced from regionally generated plant debris and/or food waste programs.
Native and drought-tolerant plants that require no or minimal watering once established are preferred. Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted to them, and perennials rather than annuals for color variations should be utilized.
Hardscapes and landscape structures constructed of recycled content materials are encouraged.
The City shall limit the amount of impervious surfaces in the landscape. Permeable substitutes, such as porous asphalt, are encouraged for walkways, plazas, and driveways.
Toxics and pollution.
The City shall purchase, or require janitorial contractors to supply, industrial and institutional cleaning products that meet and/or exceed the Green Seal Certification Standards for environmental preferability and performance.
The City shall purchase, or require janitorial contractors to supply, vacuum cleaners that meet the requirements of the Carpet and Rug Institute "Green Label" Testing Program.
The City shall purchase materials (e.g., paint, carpeting, flooring materials, furniture) with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde or lead.
The use of chlorofluorocarbon, Halon- and Freon-containing refrigerants, solvents and other products shall be phased out and new purchases of heating/ventilating/air conditioning, refrigeration, insulation and fire suppression systems shall not contain them.
When replacing vehicles, the City shall consider less-polluting alternatives to gasoline and diesel as may be available for the application (e.g., bio-based fuels, hybrids, electric batteries, and fuel cells).
When maintaining buildings and landscapes, the City shall manage pest problems through prevention and physical, mechanical and biological controls (e.g., integrated pest management), using the least toxic pest control method as a last resort.
The City shall not purchase products that use halogens, polyvinyl chloride (PVC), lead, phthalates and asbestos.
All surfactants and detergents shall be readily biodegradable and, where practicable, shall not contain phosphates.
For products that contain lead or mercury, the City shall give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs.
The City shall purchase desktop computers, notebooks and monitors purchased that meet, at a minimum, all Electronic Product Environmental Assessment Tool (EPEAT) environmental criteria designated as "required" as contained in the IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products.
The City shall give preference to wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification system including independent third-party audits when available [e.g., Forest Stewardship Council (FSC) certification].
The City encourages the purchase or use of previously utilized and/or salvaged wood and wood products when available.
Bio-based plastic products that are biodegradable and compostable, such as bags, film, food and beverage containers, and cutlery, are encouraged when available.
Compostable plastic products purchased shall meet American Society for Testing and Materials (ASTM) standards as found in ASTM D6400-04.
Biodegradable plastics used as coatings on paper and other compostable substrates shall meet ASTM D6868-03 standards.
Proof of compliance with ASTM standards for compostable, biodegradable and degradable plastic products shall be provided by vendors of such products, upon request. One acceptable proof of compliance for compostable plastic products shall be the certification by the Biodegradable Products Institute (BPI).
Vehicle fuels made from non-wood, plant-based contents such as vegetable oils are encouraged when available.
Paper and construction products made from non-wood, plant-based contents such as agricultural crops and residues are encouraged when available.
The health and safety of Hoboken workers and citizens is of the utmost importance and takes precedence over all other policies and practices.
Nothing contained in this ordinance shall be construed as requiring the City, Purchasing Agent, Business Administrator, using agency, or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time.
Nothing contained in this ordinance shall be construed as requiring the City, Purchasing Agent, Business Administrator, using agency, or contractor to take any action that conflicts with local, state or federal requirements.
The Business Administrator, Purchasing Agent, using agency, and other positions responsible shall implement this ordinance in coordination with other appropriate City personnel.
As applicable, successful bidders shall certify in writing that the environmental attributes claimed in competitive bids are accurate. In compliance with New Jersey State Law, vendors shall be required to specify the minimum or actual percentage of recovered and postconsumer material in their products, even when such percentages are zero.
Upon request, the Purchasing Agent, Business Administrator, or using agency making the selection from competitive bids shall be able to provide justification for product choices that do not meet the environmentally preferable purchasing criteria in this section.
Vendors, contractors and grantees shall be encouraged to comply with applicable subsections of this section for products and services provided to the City, where practicable.
[Added 12-18-2020 by Ord. No. B-317]
Definitions. To effectuate the purposes of this section, these terms shall have the following meanings:
- AFFORDABLE HOUSING GRANT
- A form of redevelopment area financing involving a disbursement of monies from the City's affordable housing trust fund to a developer, given in order to ensure the inclusion of on-site affordable housing at the developer's project, for the duration of the tax exemption.
- A worker who participates in a program registered by the Bureau of Apprenticeship and Training of the U.S. Department of Labor ("DOL"), or an apprenticeship equivalent program either approved and funded by the New Jersey Department of Labor as of January 1, 2003, who takes a construction apprenticeship test, and receives benefits and pay not less than those received by an apprentice.
- APPRENTICESHIP PROGRAM
- An apprenticeship program and registered by the Bureau of Apprenticeship and Training of the U.S. Department of Labor or an apprenticeship equivalent program as that term is used by the State of New Jersey in the Abbot Project Labor Agreement either approved and funded by the New Jersey Department of Labor as of January 1, 2003.
- CITY OF HOBOKEN
- The Mayor, the Municipal Council, the Corporation Counsel, and/or the Business Administrator of the City of Hoboken, or any of their designees.
- COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
- A form of redevelopment area financing which provides monies that can be used to revitalize neighborhoods, expand affordable housing and economic opportunities, and/or improve community facilities.
- CRAFT EMPLOYEE
- A person employed in a trade as defined herein at either the apprentice or journeyman level.
- An entity that is developing a project that has a total construction cost that is equal to, or in excess of, $10,000,000, exclusive of any land acquisition costs, and has received 1) a tax exemption pursuant to N.J.S.A. 40A:20-1 et seq. (the Long-Term Tax Exemption statute) or a tax exemption pursuant to N.J.S.A. 40A:21-1 et seq. (the Five-Year Exemption and Abatement Statute) and 2) is a recipient of some form of redevelopment area financing (RAF) such as, but not limited to, a redevelopment area bond ("RAB") pursuant to N.J.S.A. 40A:12A-64 et seq., or any other form of municipal financing/funding such as an affordable housing trust fund grant, a community development block grant (CDBG), a direct payment to the developer by the City in the form of rent, or 3) if the entity is the recipient of a construction contract awarded by the City for a public construction project.
- FINAL CERTIFICATE OF OCCUPANCY
- The certificate that is issued by the City's Construction Official upon completion of the project indicating that the structure is ready for occupancy.
- A skilled worker who is a member of a labor organization and who has successfully completed an official apprenticeship qualification in a building trade or craft.
- LABOR ORGANIZATION
- An organization which represents, for purposes of collective bargaining, employees trained in a particular trade, involved in the performance of a public construction project or RAF project that has the present ability to refer, provide or represent sufficient numbers of qualified employees to perform the contracted work and has an apprenticeship program.
- LABOR PERSON HOURS
- The number of hours worked multiplied by the number of employees performing such work.
- Any person who is identified as Black, Asian, Hispanic, or American Indian as codified in N.J.A.C. 17:27-2.1.
- (1) A business in which the principal is a minority as defined herein, or a woman;
- (2) A business in which at least 51% of the ownership interest is held by a minority as defined herein, or by a woman and the management and daily business operations are controlled by one or more of the minorities or women who own it; or
- (3) A corporation or other business entity authorized under the laws of New Jersey whose management and daily business operations are controlled by one or more of the minorities or women who own it, and which at least 51% of the corporation is owned by one or more minorities or women, and if stock is issued, at least 51% of the stock is owned by one or more minorities or women.
- Any officer, director, or individual who directly or indirectly holds any beneficial interest in or ownership of the securities of the business and/or any employee of the business who is empowered by title or by explicit assignment to authorize the procurement, purchase, or contracting of equipment, goods, services, or supplies whatsoever involving an expenditure of $1,000 or greater.
- PROJECT COMPLETION
- The determination by the City that the project, in whole or in part, is ready for the use intended, which ordinarily shall mean the date on which the project receives its final certificate of occupancy.
- PROJECT LABOR AGREEMENT (PLA)
- A contract between a labor organization and a developer for construction jobs that contains at a minimum the requirements set forth in this section.
- PUBLIC CONSTRUCTION PROJECT
- Any construction contract entered into by the City using public funds, the total cost of which is equal to or exceeds $5,000,000, exclusive of any land acquisition costs.
- REDEVELOPMENT AREA BOND
- A form of redevelopment area financing whereby the City sells bonds pursuant to N.J.S.A. 40A:12A-64 et seq. (the "RAB Law") in order to fund infrastructure improvements and other project costs.
- REDEVELOPMENT AREA FINANCING ("RAF") PROJECT
- A project that has a total construction cost that is equal to or exceeds $10,000,000, exclusive of any land acquisition costs, which receives 1) a tax exemption pursuant to N.J.S.A. 40A:20-1 et seq. or N.J.S.A. 40A:21-1 et seq., and 2) receives some form of redevelopment area financing such as an affordable housing trust fund grant, a community block development grant, or a redevelopment area bond.
- Any person who currently lives in Hoboken and who has lived in Hoboken for the previous 12 months.
- SUBSTANTIAL COMPLETION
- Any construction project that is not completed but is near completion by virtue of the project receiving a temporary certificate of occupancy from the City's Construction Official.
- TEMPORARY CERTIFICATE OF OCCUPANCY
- A certificate that is issued by the City's Construction Official when a project has been substantially completed, provided that such portion or portions may be occupied safely prior to full completion of the building or structure without endangering health or safety.
- TOTAL CONSTRUCTION COST
- All costs, including infrastructure, excluding only land acquisition costs, incurred to construct a project through the date of completion, that is, the date the final certificate of occupancy is issued. Total construction cost shall generally be determined in accordance with the industry standard of Marshall & Swift Valuation®, but including the cost of piling and soil compaction. Total construction cost must include any construction cost constituting as an element of total project cost under N.J.S.A. 40A:20-3h(4).
- A skilled job, typically one requiring manual skills and special training, such as carpentry, masonry, and plastering, that are primarily concerned with the construction and finishing of buildings.
- WOMAN or WOMEN
- A female or females, regardless of race.
Project labor agreements required; general terms. All redevelopment area financing (RAF) projects as defined herein and all requests for proposals, specifications and final contracts for public construction projects which exceed $10,000,000, exclusive of any land acquisition costs, shall require the execution of a project labor agreement that complies with the requirements of this article. The Business Administrator may, having taken into consideration the nature, size and complexity of the project, determine that a project labor agreement is not required, subject to approval by the City Council. In all cases where a project labor agreement is utilized, it must advance the interests of the City, including cost, efficiency, quality, time lines, and need for a skilled labor force and safety. All project labor agreements shall contain the following terms:
A guarantee that there will be no strikes, lockouts, or other similar actions;
Procedures to ensure the effective, immediate, and mutually binding resolutions of jurisdictional and labor disputes arising before the completion of the work;
A provision to bind all contractors and subcontractors on the project in all relevant documents;
Evidence that each contractor and subcontractor working on the project has a local federally registered apprenticeship program;
Conformity with all statutes, regulations and City ordinances regarding the implementation of the City's goals for women- and minority-owned businesses;
Conformity with all statutes, regulations and City ordinances regarding the implementation of the City's goals for women-owned businesses, minority-owned businesses, and LGBTQ+ owned businesses, including a provision, consistent with the holding of City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989), that there be appropriate goals for the hiring of minorities and women; specifically, that at least 10% of the total labor person hours performed by the labor organizations are performed by minorities or women who are also residents of Hoboken. Included in this 10% shall be craft employees of all skill levels, including apprentices and journeymen.
A developer that contracts with an MWBE or an LGBTQ+ owned business owned by a Hoboken resident(s) on a Hoboken PLA project is eligible to receive a credit of 50% of the total labor-person hours performed by that MWBE or LGBTQ+ owned businesses on the PLA project. This credit can be applied toward the total number of minority or woman labor person hours required on the project.
A developer that contracts with an MWBE or LGBTQ+ owned business not owned by a Hoboken resident(s) on a Hoboken PLA project is eligible to receive a credit of 25% of the total labor-person hours performed by that MWBE or LGBTQ+ owned businesses on the PLA project. This credit can be applied toward the total number of minority or woman labor person hours required on the project.
The minority and/or women hour requirement can be satisfied if the developer partners with, shares profits with, or forms a corporation for the purposes of development with, a recognized MWBE or LGBTQ+ owned business, owned by a Hoboken resident(s) and that MWBE or LGBTQ+ owned business receives 20% or more of the ownership of the project.
A developer is eligible to receive a credit of 75% if the developer partners with, shares profits with, or forms a corporation for the purposes of development with, a recognized MWBE or LGBTQ+ owned business not owned by a Hoboken resident(s) and that MWBE or LGBTQ+ owned business receives 20% or more of the ownership of the project.
The minority and/or women hour requirement can be satisfied if the general contractor hired by the developer partners with, forms a joint venture with, shares profits with or subcontracts with an MWBE or LGBTQ+ owned business owned by a Hoboken resident(s) and that MWBE receives 20% of the total profits from the project.
A developer is eligible to receive a credit of 75% if the general contractor hired by the developer partners with, forms a joint venture with, shares profits with or subcontracts with an MWBE or LGBTQ+ owned business not owned by a Hoboken resident(s) and that MWBE receives 20% of the total profits from the project.
A requirement that developers and labor organizations complete the following preconstruction actions:
Initial meeting. Prior to a financial agreement being executed between the City and the developer, and prior to a project labor agreement being executed between the developer and the labor organizations, the developer, the general contractor, and a representative from the labor organizations must all meet with the Business Administrator and Corporation Counsel or any of their designees to 1) assess the general contractor's respective workforce needs, 2) discuss the general contractor's construction and procurement schedule, and 3) for the office of Tax Abatement and Compliance to specify any and all procedures necessary and proper in carrying out the enlisted requirements within this section.
Preconstruction meeting. Prior to the commencement of construction, the developer, the general contractor, and a representative from the labor organizations must all meet with the Business Administrator and Corporation Counsel or any of their designees to present workforce needs, which will include the job description of the positions to be filled and the duration of the project. In addition, the developer and/or the general contractor must provide the Business Administrator and Corporation Counsel or any of their designees their construction and procurement schedules. The labor organizations must present the developer and the City with the names, addresses, and trades of all eligible apprentices who are available to work on the project. Additionally, the Business Administrator and Corporation Counsel or any of their designees shall specify any and all procedures necessary and proper in carrying out the enlisted requirements within this section.
Advertisement. Not more than 60 days after the initial meeting, each labor organization must advertise for prospective apprentices within their respective trade. These advertisements from each labor organization must do the following: 1) solicit apprenticeship applications for their respective apprenticeship program, 2) describe the basic requirements for admission into their respective apprenticeship program, 3) describe the job training associated with their apprenticeship program, 4) state the date or dates for their respective apprenticeship tests, and 5) set forth the range of salaries.
Job fairs. The labor organizations must conduct job fairs once every three months, thus four times annually. The job fairs are to be held at a location to be provided by the City in order for the labor organizations to explain the apprenticeship programs and solicit applications from attendees.
Any residential project which shall maintain more than 50% of the entire project's gross square footage as affordable housing shall be exempt from the requirement of a project labor agreement. In the event an application for an RAF financing project contains an estimate of total project cost that is less than $10,000,000, but upon project completion is determined to have a total construction cost equal to or exceeding $10,000,000, then the project service charge shall be increased as follows:
The above increases shall be retroactive to the date of substantial completion and shall apply for each and every year of the entire term of the RAF financing project.
Reports and records.
All developers of RAF projects, whether subject to a project labor agreement or not, shall submit a detailed certification of the estimated total construction cost with its application for any tax exemption, which shall be made available to the public.
In the event construction permits are issued more than 12 months have expired from the date of the adoption of the ordinance approving the RAF financing, the developer shall be required to resubmit a current estimate of total construction costs to ensure that the total construction costs do not exceed $10,000,000 or a project labor agreement shall be required.
No later than 90 days following project completion, the developer shall submit a certification of actual total construction cost certified to the City by the project's architect and engineer. Total construction cost is subject to review by the City at the time of application and audit by the City, upon project completion.
The project labor agreement shall require the submission of the following reports to the Business Administrator and Corporation Counsel or any of their designees on the 15th day of each month for the previous month in a format provided by the Business Administrator and Corporation Counsel or any of their designees, for each year of construction until project completion:
Manning report. This report, which is provided by the developer's general contractor, must accurately reflect the total work hours in each construction trade or craft and the number of hours worked by minorities and/or women, in each trade or craft, and will list separately the work hours performed by such employees of the general contractor who are actually performing work on the site and each of its subcontractors during the previous quarter.
Certified payroll report. This certified report, which is provided by the developer's general contractor, must specify the residence, gender and ethnic/racial origin of each worker, broken down by trade, along with their respective work hours, and the rate of pay and benefits provided.
Equal employment opportunity reports. The labor organizations must provide to the Business Administrator and Corporation Counsel or any of their designees copies of each of their local union reports (EEO-3) and each of their apprenticeship information reports (EEO-2), which are required to be filed with the United States Commission of Equal Employment Opportunity Commission.
Apprenticeship report. This report from all of the labor organizations, which must be provided to the Business Administrator and Corporation Counsel or any of their designees each month, shall list all of the names, addresses, and contact information of all persons who were accepted into each labor organization's apprenticeship program. The report shall also list the names, addresses, and contact information of all City residents who were rejected for admission into each labor organization's apprenticeship program with the reasons for their rejection. For those City residents who failed to finish the program, the report must provide the reasons why they failed to complete the program.
Other reports. The developer and/or labor organizations shall furnish to the City and/or the Business Administrator and Corporation Counsel or any of their designees any and all reports or other documents to the City as the City may reasonably request from time to time in order to carry out the purposes of this section.
Records. Records to support the work hours stated in the above reports must be maintained for a period of three years after project completion. All records shall be made available to the City upon 10 days' prior written notice.
Site access. Representatives of the City shall be permitted to have appropriate access to all work sites in order to monitor compliance.
Pre-apprenticeship training program.
Interagency cooperation. The City will solicit the support of the Hoboken Board of Education, the Hudson County Community College, the Hudson County Vo-Tech School, the Hoboken Housing Authority, and other community-based organizations in order to maximize participation in the apprenticeship program among eligible City residents.
Preparatory services. The City shall be responsible for the development of a program to provide all necessary preparatory services for enrolled pre-apprentices, including assistance with GED preparation, obtaining a driver's license, mentoring and other supportive services for pre-apprentices. The pre-apprenticeship program shall be operated in such a manner that its successful graduates will be equipped and eligible for entry into the apprenticeship programs of a labor organization.
Monitoring. The City shall be responsible for the selection, operation and supervision of pre-apprenticeship programs that may be operated by private entities and shall retain authority to review and approve the curriculum and procedures used to recruit and select participants.
The Office of Corporation Counsel shall be the primary office authorized to implement and enforce this section, under the supervision of the Business Administrator, including 1) documentation and recordkeeping requirements, 2) monitoring and compliance activities, 3) project and/or contract coverage determinations, 4) designated referral sources, 5) bid and contract documents implementing this section, and 6) other matters related to implementation of this section.
The Business Administrator or any of the Administrator's designees shall assess compliance monthly during construction and for all ongoing obligations post-construction.
If the Business Administrator in consultation with Corporation Counsel determines that a project is not compliant, then the appropriate corrective action will be taken.
The developer and all labor organizations affiliated with the project shall demonstrate to the City compliance with this section. It shall not be a defense to any enforcement action taken by the City that the developer or the labor organization could not obtain any item or information from any other party to the PLA. This section does not limit the developer or the labor organization's ability to assess qualifications of prospective workers, to make final hiring and retention decisions. No provision of this section shall be interpreted so as to require a developer, a labor organization, a general contractor or a subcontractor to hire or retain a worker who lacks the necessary qualifications for the position in question, or to employ any particular worker regardless of qualifications.
Remedies. In the event that either the developer and/or the labor organization should violate this section, the City may seek any and all remedies available to it at law or equity. Such remedies include, but are not limited to, compelling the developer and/or the labor organization to complete a remedial employment action plan, pay liquidated damages or the City may elect to terminate the RAF and/or the tax exemption.
Severability. If any provision of this section or application thereof to any person or circumstance is judged unconstitutional or otherwise invalid, the invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are declared severable.