A developer/contractor to whom Article
III and §
14-13 are applicable shall submit copies of this chapter to all subcontractors and shall make compliance with it a specification of all bids. The developer/contractor shall provide, in any request for bids by a subcontractor, that the subcontractor's submission of a bid shall institute his/her agreement that he/she will comply with the requirements of this chapter.
The developer/contractor, when hiring for jobs and selecting minority business enterprises, shall make a good faith effort to ensure that the goals set forth in Articles
III and
IV of this chapter shall be met. In the event that a developer/contractor shall fail to meet the goals set forth in Articles
III and
IV of this chapter, the Affirmative Action Review Council shall determine whether or not the developer/contractor has, in fact, made a good faith effort at compliance. This determination by the Affirmative Action Review Council shall be made in accordance with the criteria set forth in §§
14-31 and
14-32 of this chapter.
The developer/contractor shall ensure that any subcontractor
working on any part of the project under a subcontract exceeding $25,000
and involving in excess of 80 work hours shall employ minority apprentices
in each trade to work such total hours that shall equal at least 10%
of the hours worked by the journeyworkers employed in the same trade.
It is not the intent of this chapter to alter any collective-bargaining
agreements between the developer/contractor and his subcontractors
and their various unions; provided, however, the existence of a term
and condition in such an agreement which, by its terms, precludes
compliance with the terms of this chapter shall not excuse a person
from his duty to comply with this chapter.
[Amended 3-14-1996 by Ord. No. MC-3186]
Each developer/contractor or subcontractor will notify the Camden
Affirmative Action Officer whenever he/she has reason to believe that
any union which has a hiring hall or referral arrangement or an apprenticeship
program engages in such referral, membership, admission or other practices
as will substantially impede the contractor in his/her efforts to
meet the affirmative action obligations under this chapter.
The developer/contractor shall submit copies of the collective-bargaining
agreement covering workers to be employed on the project and copies
of such bargaining agreements of each subcontractor.
[Amended 3-14-1996 by Ord. No. MC-3186]
The developer/contractor shall designate a principal officer
of its firm to be responsible for administering the Affirmative Action
Program detailed herein. This officer shall meet regularly, or as
may be required, with the Affirmative Action Officer for Camden and/or
the Review Council to ensure attainment of the goals set forth herein
and the implementation of the training program. Included in this obligation
is the requirement that each developer/contractor and subcontractor
keep and maintain records for all trainees so that separate payroll
amounts and descriptions of payments and training progress, together
with all benefits, are recorded separately.