[1972 Code § 2-17; Ord. No. O-09-28 § 2; Ord. No. O-18-70]
a. 
The budget shall be prepared by the Mayor with the assistance of the Business Administrator. During the month of June, the Mayor shall require all Department Heads to submit requests for appropriations for the ensuing budget year and to appear before the Mayor or the Business Administrator at public hearings on the requests, which shall be held during that month. On or before August 10, the Mayor shall submit his recommended budget to the Council, together with any explanatory statement he deems desirable.
b. 
The Business Administrator, with the assistance of the Chief Financial Officer, shall prepare all estimates of nonproperty tax revenues anticipated for the support of each annual budget.
c. 
The budget document shall be prepared in the form required by law for municipal budgets and in accordance with the Charter. There shall be appended to the budget a detailed analysis of all items of expenditure and revenue, which shall include a comparison of the total number of positions of each class and grade to be authorized by the budget and the actual number employed at the beginning and ending of the preceding budget period. So far as practicable, the analysis shall include appropriate statements of the cost of performance of functional programs and activities in terms of quantitative, countable units of work for operating and capital expenditures.
[1972 Code 2-20.5; Ord. No. O-18-70]
a. 
Indemnification. Pursuant to the authority granted by N.J.S.A. 59:10-4, and N.J.S.A. 40A:10-1, the City of Bayonne hereby agrees to defend against lawsuits and indemnify all public employees of the City, as defined in N.J.S.A. 59:1-3, which includes all officers, employees or servants whether or not compensated or part time who are authorized to perform any acts or services, and further agrees to indemnify any Municipal Department, Board, Agency or Commission, and any public employee thereof, for which insurance coverage has been heretofore furnished by the City of Bayonne.
[1]
Editor's Note: See Chapter 20 for Personnel Policies of the City of Bayonne.
[1972 Code § 25-1.1; Ord. No. O-18-70]
No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay any claims in excess of $2,500, on any real property located in this City unless:
a. 
The City issues to the insured an official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12, certifying that all taxes, assessments and other municipal liens and charges, levied and assessed and due and payable against the property covered by such insurance policy have been paid; and which certificate is submitted to the insurance company by the insured; or
b. 
The City submits to the insurance company a certified copy of a resolution duly adopted by the Municipal Council approving an agreement between the City and the owner of the insured property, in which the owner agrees to pay in full all delinquent taxes, assessments and other municipal liens by installments pursuant to N.J.S.A. 54:5-19 or for the redemption of the tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the New Jersey Statutes (N.J.S.A. 54:5-65 to N.J.S.A. 54:5-76.) No such resolution approving such agreement shall be adopted unless the owner shall agree, in writing, to use the proceeds from the policy to restore or improve the fire damaged property.
c. 
Upon receiving a certified copy of the aforesaid resolution, the insurance company is authorized to make full payment of the claim to the insured person.
[1972 Code § 25-1.2; Ord. No. O-18-70]
The official certificate of search required by subsection 2-42.1a above, may be altered by the authorized official of the City in order to correct any errors or omissions or to add any municipal liens or related charges due and payable subsequent to the preparation of the original official certificate.
[1972 Code § 25-2.1; Ord. No. O-18-70]
If the insurance company does not receive an official certificate of search showing that all taxes, assessments and other municipal liens and charges have been fully paid or a certified copy of the resolution provided for in subsection 2-42.1, then the insurance company is authorized and required, prior to the payment of any claims for fire damages which are in excess of $2,500 to the owner of property in this City, to pay to the City the amount of the liens appearing on the official certificate and such other recorded liens and related charges as may be certified to the insurance company.
[1972 Code § 25-2.2; Ord. No. O-18-70]
In the event an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of the realty involved pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold 75% of the full amount of the lien or charge being contested pending termination of all proceedings, at which time such monies and all interest accruing thereon at the rate paid on interest bearing accounts in banking institutions or savings and loan associations in this State shall be disbursed in accordance with the final order or judgment of the Court.
[1972 Code § 25-3; Ord. No. O-18-70]
A claim of the City upon the proceeds of a fire insurance policy made by the City pursuant to N.J.S.A. 17:36-8, et seq. and of this section shall be paramount to any other claims on the proceeds except the claim of the holder of a mortgage on the fire damaged property where the policy lists the mortgagee as a named insured. The claim of such mortgagee shall be paramount to the City's lien only to the extent of the amount due and owing on the mortgage.
[1972 Code §§ 25-4.1, 25-4.2; Ord. No. O-18-70]
a. 
Insurance Company Obligation. Nothing in this section shall be construed to obligate the insurance company for any amount in excess of the value of the policy, nor shall the company be liable for payment of any liens not appearing on the official certificate of search or on any changes made thereon which had been submitted to the company.
b. 
Authority of City. Nothing in this section shall be construed so as to affect the authority of the City to enforce the payment of a municipal lien under any other law of this State but shall be in addition to such other remedies.
[1972 Code § 25-6.1; Ord. No. O-09-28 § 2; Ord. No. O-18-70]
The Director of the Public Safety shall cause a written report to be issued and filed with the Tax Collector as to each fire occurring in this City containing the following information:
a. 
Address of the property whereon the fire occurred.
b. 
Name of the fire insurance company insuring the property if it can be ascertained.
c. 
Approximate estimate of the cost of the damage to the realty, if it can be ascertained.
[1972 Code § 25-6.3; Ord. No. O-09-28 § 2; Ord. No. O-18-70]
Upon receipt of the report of the Department of Public Safety, the Tax Collector shall cause to be made an official search of all taxes, assessments and other municipal liens and charges and shall issue an official certificate of all such liens or charges which are due and payable. The Collector shall then submit the certificate to the insurance company involved. In the event the Department of Public Safety shall not be able to ascertain the name and address of the fire insurance company, it shall be the duty of the Tax Collector to ascertain such information.
[1972 Code § 25-6.4; Ord. No. O-18-70]
The Tax Collector shall install a clerical system for the issuance of supplemental certificates and the submission of same to the insurance company setting forth on such supplemental certificates any additional taxes or other municipal charges which have become due and payable subsequent to the issuance of the original certificate. Supplemental certificates shall be issued immediately as each new charge becomes due and payable.
[1972 Code § 25-6.5; Ord. No. O-18-70]
Upon receipt of the notice of a fire, the Tax Collector shall notify each Department and Division of the City charged with the duty of certifying municipal charges which are unpaid to the Tax Collector who shall include same on the official certificate of search. Such other Departments and Divisions are charged with the duty of installing clerical systems so that any charges which become due and payable on a fire damaged property subsequent to the original certification shall be submitted to the Tax Collector forthwith as such new charges become due.
[Ord. No. O-03-08; Ord. No. O-09-28 § 2; Ord. No. O-18-70]
The participating municipalities of East Newark, Guttenberg, Harrison, Hoboken, Jersey City, Kearny, North Bergen, Secaucus, Union City, Weehawken and West New York seek to enter into a Mutual Aid Agreement with the City of Bayonne for cooperative action during certain fire service emergencies.
The Municipal Council of the City of Bayonne and the Fire Division recognize the value of cooperative action during certain fire service emergencies and the mutual benefit of pooling available municipal resources during certain fire service emergency incidents.
[Ord. No. O-03-08; Ord. No. O-09-28 § 2; Ord. No. O-18-70]
The Mayor of the City of Bayonne and the Bayonne Fire Division are authorized to enter into a Mutual Aid Agreement, relating to fire services, with the aforementioned participating municipalities within the County of Hudson.
[Ord. No. O-06-16 § 2; Ord. No. O-18-70]
Whereas, this municipality has a strong commitment to open and fair competition; and
Whereas, qualification based, competitive, negotiation procedures help to ensure open and fair competition through published rules and decision making criteria;
Therefore, it is accordingly found and determined that the paramount public interest is served by requiring that the City award all contracts or agreements to outside consultants for the provision of professional services on the basis of competitive negotiation.
[Ord. No. O-06-16 § 3; Ord. No. O-18-70]
a. 
PROFESSIONAL SERVICES – For purposes of this section shall mean, as defined at N.J.S.A. § 40A:11-2(6), 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 training. For purposes of this section, however, professional services shall not include professional artistic services as defined at N.J.S.A. § 40A:11-2(6). Professional services shall include financial services or insurance services.
[Ord. No. O-06-16 § 4; Ord. No. O-18-70]
a. 
The municipality shall award all contracts or agreements for the provision of professional services on the basis of qualification based, competitive negotiation.
b. 
Professional service contract requests for proposal shall be published by the posting of a public notice at least 10 days prior to the awarding of any contract for professional services.
c. 
The public notice shall be:
1. 
Prominently posted in the public place reserved for Sunshine Law notices;
2. 
Mailed, telephoned, telegrammed, or hand delivered to at least two newspapers designated to receive such notices because they have the greatest likelihood of informing the public within the municipality, one of which shall be the official newspaper of the municipality; and
3. 
Filed with the Clerk of the municipality.
d. 
The public notice shall, at minimum, include:
1. 
A description of the professional services needed, including, where appropriate, a description of tasks involved.
2. 
Threshold qualification requirements setting the highest possible, minimum standards for qualifying to compete for the particular services and tasks involved.
3. 
Notice that standardized submission requirements and selection criteria are on file and available at a stated location in the City.
4. 
Deadline and place for all submissions.
e. 
Standardized submission requirements shall include:
1. 
Names and roles of the individuals who will perform the task and a description of their experience with projects similar to the matter being advertised.
2. 
References and record of success.
3. 
Description of ability to provide the services in a timely fashion (including staffing, familiarity and location of key staff).
4. 
Cost details, including the hourly rates of each of the individuals who will perform services and time estimates for each individual, all expenses, and, where appropriate, total cost of "not to exceed" amount.
f. 
The selection criteria to be used in awarding a contract or agreement for professional services shall include:
1. 
Qualifications of the individuals who will perform the tasks and the amounts of their respective participation.
2. 
Experience and references.
3. 
Ability to perform the task in a timely fashion, including staffing and familiarity with subject matter.
4. 
Cost competitiveness.
g. 
All submissions shall be kept on file during the term of the related contract, and shall be public records after the deadline for the submission of proposals.
h. 
In the event that compliance with part or all of the requirements of this section is impracticable as regards a particular contract or agreement, the Municipal Council may waive part or all of the requirements by a majority vote of the full Council together with publication of a resolution setting forth with specificity the reasons such waiver is required.
[Ord. No. O-08-17 § 1; Ord. No. O-09-28 § 2; Ord. No. O-18-70]
a. 
TAX ABATED PROJECT – Shall mean a project with total construction costs, as certified by the City of Bayonne's Division of U.C.C. and Building, equal to or exceeding $30,000,000, exclusive of any land acquisition costs, for which the City has granted a tax abatement for a minimum period of 10 years pursuant to the Long Tax Exemption Law N.J.S.A. et seq. "Tax abated project" shall not mean any construction project that is being undertaken by a not for profit organization or which is more than 50% for affordable housing. Tax abated projects, and their appurtenant Project Labor Agreements, shall be approved on a project by project basis upon referral by the Mayor to the Municipal Council.
b. 
PUBLIC CONSTRUCTION PROJECTS – Shall mean any construction contract entered into by the City of Bayonne using public funds for which the total cost of the project will equal or exceed $5,000,000, as certified by the City of Bayonne's Division of U.C.C. and Building, exclusive of any land acquisition costs.
c. 
LABOR ORGANIZATION – Shall mean an organization which represents, for purposes of collective bargaining, employees involved in the performance of public works contracts and has the present ability to refer, provide or represent sufficient numbers of qualified employees to perform the contracted work and which has an apprenticeship program registered by the Bureau of Apprenticeship and Training of the U.S. Department of Labor and meeting the standards established by the Bureau or registered by a State apprenticeship agency recognized by the Bureau.
d. 
DEVELOPER – Shall mean the recipient of a tax abatement for the awardee of a public construction contract for a public construction project.
e. 
PROJECT LABOR AGREEMENT – Shall mean a contract between a labor organization and the City of Bayonne and/or a developer containing, among other things, the requirements set forth in subsection 2-45.3 below.
f. 
BEST EFFORTS – Shall mean that a developer must ensure that Bayonne residents participate in apprenticeship programs, by, demonstrating that he has done the following:
1. 
Preconstruction Meeting. Ninety days prior to the commencement of construction, the developer and the labor organization with which it has contracted, will meet with the City of Bayonne's Business Administrator or his designee, to present the developer's apprenticeship programs based upon its workforce needs, that will include the job description of the positions to be filled and the duration of the program.
2. 
Notification by City Prior to Commencement of Construction. The Business Administrator or his designee shall notify the Bayonne Board of Education, and the Bayonne Housing Authority of the availability of the forthcoming apprenticeship programs and the contact information to be distributed to potential applicants.
3. 
Advertisement. Sixty days prior to the commencement of construction, the developer will advertise in two newspapers regularly published and distributed in the City of Bayonne. The advertisement will solicit apprenticeship applications, describe the basic requirements for admission, describe the job training and set forth the range of salaries available.
4. 
Job Fairs. The developer and the labor organization with which it has contracted, will hold at least two job fairs to be held at a location to be provided by the City of Bayonne in order to explain the apprenticeship programs and solicit applications. The Business Administrator or his designee shall work with the Bayonne Board of Education to notify high school students of the job fairs and the Executive Director of the Bayonne Housing Authority to notify its residents.
5. 
Rejected Applicants or Enrollees that Fail to Finish an Apprenticeship. The developer or its designee shall furnish the Business Administrator with a list of the names and contact information of all persons who were rejected for or failed to finish the program with the reasons for their rejections or failure to complete the program.
[Ord. No. O-08-17 § 1; Ord. No. O-18-70]
Tax abated projects as defined above and all requests for proposals, specifications and final contracts for public construction projects as defined above shall require the execution of a Project Labor Agreement which complies with the requirements of subsection 2-45.3 below if the Mayor determines, after taking into consideration the size and complexity of the project and by considering other criteria (such as the height of the buildings, the presence of elevators and the utilization of steel) that a Project Labor Agreement is appropriate.
[Ord. No. O-08-17 § III; Ord. No. O-18-70]
Each Project Labor Agreement executed, pursuant to the provisions of this section shall:
a. 
Advance the interests of the City of Bayonne including the interests in cost, efficiency, quality, timeliness, skilled labor force, and safety;
b. 
Contain guarantees against strikes, lock-outs, or other similar actions;
c. 
Set forth effective, immediate, and mutually binding procedures for resolving jurisdictional and labor disputes arising before the completion of the work;
d. 
Be made binding on all contractors and subcontractors on the project in all relevant documents;
e. 
Require that each contractor and subcontractor working on the project have a local Federally registered program or apprenticeship equivalents as that term is used by the State of New Jersey either approved or funded by the New Jersey Department of Labor as of January 1, 2003.
f. 
Require that 20% of the labor hours required under contracts in all trades and at all levels shall be performed by workers who have participated in a Federal or State approved apprenticeship program or who are apprenticeship equivalent as that term is used by the Department of Labor of the State of New Jersey. Apprenticeship equivalents shall be utilized to the extent permitted by the regulations and guidelines of the Department of Labor of the State of New Jersey. They shall be paid prevailing apprentice wages and shall have identical benefits pending their admission as full apprentices.
g. 
Require that all apprentices be Bayonne residents, as certified by the applicable unions, unless it can be demonstrated that fulfilling this requirement is impossible after making best efforts to admit Bayonne residents into apprenticeship programs.
h. 
Fully conform to all statutes, regulations and City ordinances regarding the implementation of set-aside goals for women and minority owned businesses, the obligation to comply with which shall be expressly provided for within the Project Labor Agreement.
i. 
Include a publicly available plan regarding the shares of employment and apprenticeship positions in the project for minority group members, women and City residents which is in full conformance with the requirements of all applicable statutes, regulations, and City ordinances.
j. 
Require the provision of resources needed to prepare the applicants for admission to and continuation in the apprenticeship program and provide that the resources will be made available jointly by the participating labor organizations and the City of community-based organizations selected by the City; and
k. 
Require the developer, as explained in subsection 2-45.4 below, to provide reports delineating the amount and share of work done on the project by minority group members, women and City residents and the progression of minority members, women and City residents into apprentice and journey worker positions.
l. 
All jobs funded with governmental funding (e.g., grants, loans, etc.) must be paid at prevailing wage.
[Ord. No. O-08-17 § IV; Ord. No. O-18-70]
a. 
Preparatory Services. The Business Administrator or his designee shall supervise the development and operation of approved pre-apprenticeship programs that may be operated by private entities or governmentally established entities and shall retain authority to review and approve their curriculum and procedures for recruiting and selecting participants. The Business Administrator or his designee shall ensure that all approved pre-apprenticeship programs are operated in such a manner that successful graduates of the pre-apprenticeship programs will be equipped and eligible for entry into the apprenticeship programs of the Hudson County Building Trades Council and the Carpenters Union. The Business Administrator or his designee shall further ensure that the selected pre-apprentices are provided with support, including assistance with GED preparation, obtaining drivers license where appropriate, mentoring and other supportive services.
b. 
Training and Monitoring. The Business Administrator or his designee shall monitor the training utilized to provide the pre-apprenticeship programs approved hereunder.
c. 
Reports. All reports must be submitted to the City of Bayonne's Business Administrator by March 31, June 30, September 30 and December 31 of each year and shall provide the following information, certified and notarized:
1. 
The workforce employed during that quarter on public construction projects:
2. 
The value of contracts and subcontracts covered by this section;
3. 
The name, address, date of hire, gender, race, occupation classification, apprenticeship status, rate of pay and benefits provided to each of the employees of the contractor and subcontractor; and
4. 
The number and percentage of hours worked by apprentices on contacts.
d. 
Records. Contractors and subcontractors subject to this section shall maintain certified payroll records for all employees and shall preserve them for a period of three years after completion of the public construction project or tax abated project, making such records available within 10 days of the submission of a written request.
e. 
Site and Records Access. All contractors and subcontractors subject to this section shall permit appropriate access for representatives of the City and/or designees thereof to all work sites and to all applicable records of the contractor or subcontractor in order to monitor compliance with the provisions of this section.
f. 
City Remedies. In the event the City determines that any developer has failed to comply with the provisions of this section, it shall avail itself of all legal remedies. Such remedies shall include all remedies available at law or in equity and all such remedies included in the specifications or contract, which may also include but not be limited to:
1. 
Suspending or terminating the contract;
2. 
Debarring the contractor or subcontractor from eligibility for future City contracts;
3. 
For public construction projects:
(a) 
Completing the contract and requiring the contractor or subcontractor to pay all damages and costs in utilizing a substitute contractor or subcontractor;
(b) 
Requiring the refunding of payments made by the City to the developer prior to the suspension or termination;
(c) 
Assessing a daily fine and other penalties payable to the City of Bayonne. Such fines and penalties shall be not less than 3% nor more than 10% of the total price of the construction contract in question.
4. 
For tax abated projects, an increase in the annual service charge of 2% for the remaining term of the tax abatement.
[Ord. No. O-08-17 § V; Ord. No. O-18-70]
a. 
All ordinances or portions of ordinances inconsistent herewith are hereby repealed to the extent of their inconsistency only.
b. 
If any part of this section shall be declared to be invalid or inoperative, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this section.
c. 
The City Clerk shall have this section codified and incorporated in the official copies of the City of Bayonne City Code.
d. 
This section shall take effect upon passage, approval and publication as required by law.
e. 
The City Clerk and the Corporation Counsel may change any chapter and subsection numbers if codification of this section reveals conflict between those numbers and the existing Code, in order to avoid confusion and possible accidental repealers of existing provisions.
[Ord. No. O-18-27]
Whereas, The City of Bayonne has a financial and proprietary interest in hotel operations which lease property from the City or are financed with City assistance when these operations base their payments to the City in part on the revenue they generate; and
Whereas, it is essential these operations conduct business efficiently and without interruption resulting from labor disputes; and
Whereas, The City has found that the efficient and uninterrupted operation of hospitality operations may be threatened by labor disputes; and
Whereas, The City's investment in these operations must be shielded from the impact that labor disputes may have on the revenue of these hospitality operations; and
Whereas, The City has found that it can only protect its investment by requiring as a precondition for a lease or other financial assistance that the hotel sign an agreement with the labor organizations which represent employees in the hospitality industry which prohibits the labor organization and its members from engaging in picketing, work stoppages, boycotts or other economic interference with the Hospitality Operations for the duration of the City's financial interest.
[Ord. No. O-18-27]
The following definitions apply to this section.
CITY
Shall mean the City of Bayonne and all City-related agencies.
CITY-RELATED AGENCIES
Means all authorities and quasi-public corporations which either: receive appropriations from the City; have entered into continuing contractual or cooperative relationships with the City, including any agreement whereby the City funds an agency's debt service; or operate under legal authority granted to them by City ordinance.
Contract under 29 U.S.C. § 185(a) as used herein means a contract to which 29 U.S.C. § 185(a) applies, as that provision has been interpreted by the United States Supreme Court.
HOSPITALITY COMPANY
Means any person seeking a lease, management agreement or development agreement from the City for a hotel, or seeking City financial assistance to a hotel project, including a developer which will later lease or sublease property to another person to operate the hotel.
HOSPITALITY CONTRACT
Means any contract, lease or license from the City to use any City property for hospitality operations, or any contract, lease or license pursuant to which the City is entitled to receive as rents, royalties or other income a percentage of the revenues of an enterprise, or any payments in connection with financing including loan guarantees provided by or through the City, or any subcontract, sublease, sublicense or other transfer or assignment of any right, title or interest received from the City pursuant to any such contract, lease or license.
HOSPITALITY OPERATIONS
Means any operations at a hotel staffed by hospitality workers.
HOSPITALITY WORKERS
Means all employees in a hotel, except supervisors, managers, office clerical employees and guards.
HOTEL
Includes a hotel and any food or beverage operations which are part of a hotel.
LABOR ORGANIZATION
Means an organization of any kind, or an agency or employer representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
NO-STRIKE PLEDGE
Means a provision in a labor peace agreement prohibiting the labor organization and its members, and in the case of a collective bargaining agreement, all employees covered by the agreement, from engaging in picketing, work stoppages, boycotts or any other economic interference with the hospitality operations for the duration of the City's Hospitality Contract.
PERSON
Includes natural person, sole proprietorship, partnership, limited liability company, corporation, joint venture or business organization of any kind.
VALID COLLECTIVE BARGAINING AGREEMENT
As used herein means a collective bargaining agreement entered into between the person contracting or subcontracting to provide services and a labor organization lawfully serving as the exclusive collective bargaining representative for the employees who provide or will provide services pursuant to such a contract.
[Ord. No. O-18-27]
a. 
The City shall not enter into any Hospitality Contract with a hospitality company unless and until such company has signed a valid collective bargaining agreement or other contract enforceable under 29 U.S.C. § 185(a) with any Labor Organization seeking to represent Hospitality Workers at the premises covered by the Hospitality Contract containing a No-Strike Pledge.
b. 
Any contract, lease, grant or other agreement entered into by the City with any City-related agency shall contain a provision requiring that the City-related agency abide by the provisions of this section in awarding any contracts pursuant to its City agreement.
[Ord. No. O-18-27]
a. 
Nothing in this section requires a hospitality company to recognize a particular labor organization nor requires employees to be union members.
b. 
This section is not intended to, and shall not be interpreted to, enact or express any generally applicable policy regarding labor-management relations or to regulate those relations in any way.
c. 
This section is not intended to favor any particular outcome in the determination of employee preference regarding union representation.
d. 
Nothing in this section permits or requires the City or any hospitality company to enter into any agreement in violation of Federal labor laws.
[Ord. No. O-18-27]
If any section or any portion of a section of this section is declared illegal, invalid or inoperative, in whole or in part, by any court of competent jurisdiction, the remaining sections and all portions not declared illegal, invalid or inoperative shall remain in full force or effect, and no such determination shall invalidate the remaining sections or portions of the sections of this section.