[Adopted 2-2-2006 by Ord. No. 06-014;
amended 11-7-2006 by Ord. No. 06-110]
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.
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.
No contribution or solicitation of contributions made prior to the effective date of §§
57-4 through
57-9 shall be deemed to give rise to a violation of §§
57-4 through
57-9 of this article.
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.
[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:
(1) Copies of all advertisement for training and employment.
(2) A list of Trenton residents who applied or otherwise expressed interest
in training positions or employment.
(3) Letters to community organizations informing them of employment opportunities.
C. All advertisements made by or on behalf of the City or any of its departments for bids, requests for proposals or other specifications in pursuance of any law requiring the advertisements for bids shall include specific reference to Subsections
A and
B of this section.
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.