[1973 Code § 22A-1; Ord. No. 8-13-80]
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 the Town of Kearny unless the Town
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.
[1973 Code § 22A-2; Ord. No. 8-13-80]
a.
In the event 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, the insurance company is hereby
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 Town, to pay to the Town 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.
b.
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 of judgment
of the Court.
[1973 Code § 22A-3; Ord. No. 8-13-80]
A claim of the Town upon the proceeds of a fire insurance policy
made by the Town 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 mortgage shall be paramount to the Town's lien only to the
extent of the amount due and owing on the mortgage.
[1973 Code § 22A-4; Ord. No. 8-13-80]
a.
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 any changes made thereon
which had been submitted to the company.
b.
Nothing in this section shall be construed so as to affect the authority
of the Town to enforce the payment of a municipal lien under any other
law of this State but shall be in addition to such other remedies.
[1973 Code § 22A-5; Ord. No. 8-13-80]
All fire insurance policies covering real property in the Town
of Kearny shall be subject to the provisions of the article as though
fully set forth in each such policy of fire insurance.
[1973 Code § 22A-6; Ord. No. 8-13-80]
The Town Clerk is hereby directed to file a certified copy of
this section with the New Jersey Commissioner or Insurance immediately
upon adoption.
[1]
Editor's Note: Prior ordinance history includes portions of
1973 Code §§ 42A-1-42A-6 and Ordinance 12-12-95.
[Ord. No. 2004-(O)-08 § 1]
There is established in the Town an insurance fund for the purposes
set forth in N.J.S.A. 40A:10-6. It is and shall be known as the "Self
Insurance Trust Fund."
[Ord. No. 2004-(O)-08 § 1]
The Mayor and Council shall appropriate the monies necessary
for the purposes of the statute and this section.
[Ord. No. 2004-(O)-08 § 1]
The Mayor and Council shall designate the maximum or minimum
amount of the fund and from time to time provide for the disposition
of any excess over and above the maximum amount fixed, or of the interest
or profits arising therefrom when the fund shall have reached the
maximum limit.
[Ord. No. 2004-(O)-08 § 1]
The Mayor and Council shall appoint three officials of the Towns,
who may be members of the Governing Body, to serve as Insurance Fund
Commissioners and shall appoint a person to serve as Secretary to
the Insurance Fund Commission. The Commissioners shall hold office
for two years or for the remainder of their term of office as officials,
whichever shall be less, and until their successors shall have been
duly appointed and qualified. The Secretary shall serve at the pleasure
of the Commissioners. The Commissioners shall serve without compensation.
The salary of the Secretary shall be set by the Governing Body.
The Mayor and Council shall also appoint two officials of the
Town who may serve as Alternate Commissioners in the absence of any
of the Commissioners. They also shall serve without compensation.
Vacancies in the office of Insurance Fund Commissioners caused
by any reason other than expiration of term as an official shall be
filled for the unexpired term. Vacancies in the position of Secretary
shall be filled in the manner of the original appointment.
[Ord. No. 2004-(O)-08 § 1]
The provisions of N.J.S.A. 40A:10-9 and 10 insofar as they apply
to municipalities are incorporated herein.
[Ord. No. 2007-(O)-41 § 1]
The following minimum pay and benefit requirements must be complied
with by contractors, subcontractors and vendors who provide work or
services under a contract awarded by the Town of Kearny.
[Ord. No. 2007-(O)-41 § 2]
For purposes of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Shall mean any natural person, corporation, partnership,
limited liability company, joint venture, sole proprietorship, associations,
trust or any other entity.
Shall mean any company that performs work or services under
a contract awarded by the Town of Kearny, including but not limited
to janitorial or security services, on premises owned, occupied, used,
or controlled by the Town of Kearny.
Shall mean any person who performs work at least 20 hours
of work per week for a contractor, subcontractor or vendor, including
full-time, part-time, temporary, or seasonal workers, independent
contractors, contracted workers, contingent workers, and persons made
available to work through the services of a temporary services, staffing
or employment agency or similar entity.
Shall mean an amount equal to 150% of the Federal Minimum
Wage at the time a contract is awarded or renewed.
See definition of Contractor.
Shall mean Town of Kearny.
See definition of Contractor.
[Ord. No. 2007-(O)-41 § 3; Ord. No. 2008-(O)-08 § 1]
Employees who work at least 20 hours per week for any contractors,
subcontractors and vendors providing services under a contract awarded
the Town to be performed at various Town work sites and/or on the
site of the contractor, subcontractor or vendor shall receive the
following minimum pay and benefits:
a.
An hourly rate of pay 150% of the Federal minimum wage at the time
the contract is awarded or renewed; and
b.
Medical benefits shall be provided by the employer at the employer's
expense for each employee within 60 days of hiring. At a minimum,
the benefits provided shall be basic medical insurance coverage, which
may include a Health Maintenance Organization Plan with no deductible;
a hospital indemnity benefit and a doctor's office indemnity benefit.
[Ord. No. 2007-(O)-41 § 4]
a.
The terms and conditions of this section shall not apply to any contract
authorized prior to or during the period of any contract renewal included
in a contract authorized prior to the effective date of this section.
Application of the terms and conditions of this section shall be prospective
only.
b.
Compliance with the requirements of this section shall be waived
for any contractor, subcontractor and vendor currently under contract
with the Town of Kearny, if the section provisions vary with the terms
of an existing bona fide collective bargaining agreement in place
at the date of the enactment of this section, provided that all parties
to the existing bona fide collective bargaining agreement in place
at the date of the enactment of this section agree to a waiver of
the application of this section. However upon expiration of the term
of the collective bargaining agreement, all provisions of this section
shall apply.
c.
Contractors, subcontractors or venders employing 10 or less employees
shall be exempt from compliance with this section, providing that
the contract with Town is not in excess of $500,000 annually.
[Ord. No. 2007-(O)-41 § 5]
a.
The Town shall advise all contractors, subcontractors and vendors
of the requirements of this section prior to the award of a contract.
b.
Contractors, subcontractors and vendors who enter into contract with
the Town shall allow the Town access to payroll and benefits records
to monitor compliance with the requirements of this section, and shall
permit an employee or an employee's designated representative to inspect
the employer's payroll and benefits pertaining to that employee. Where
a contractor, subcontractor or vendor does not maintain or retain
adequate records documenting wages paid or benefits, or does not allow
the Town reasonable access to such records, there shall be a rebuttable
presumption that the contractor, subcontractor or vendor has not paid
the requisite hourly compensation. This presumption may be overcome
if the contractor, subcontractor or vendor has paid the requisite
hourly compensation.
[Ord. No. 2007-(O)-41 § 5]
a.
The Town may interpret, implement and enforce this section, including
issuing regulations and administrative findings of violations and
instituting legal actions to enforce administrative findings. Any
regulations promulgated by the Town shall have the force and effect
of law and may be relied on by employers, employees and other parties
to determine their rights and responsibilities under this section.
b.
No contractor, subcontractor or vendor or other person shall discharge
or take any other adverse action against any person in retaliation
for asserting any claim or right under this section, for assisting
any other person in doing so, or for informing any person about their
rights. Taking adverse action against a person within 90 days of a
person's engaging in any of the foregoing activities shall raise a
presumption that such action was retaliation, which may be rebutted
by clear and convincing evidence that such action was taken for other
permissible reasons.
c.
Any employee harmed by a contract, subcontractor or vendor's violation
of this section may bring an action against the contractor, subcontractor
and/or vendor in any court of competent jurisdiction and, upon prevailing,
shall be awarded any appropriate legal or equitable relief, including
any compensation required under this section that was not timely paid
and an additional and amount equal amount as liquidated damages, and
shall be awarded reasonable attorney's fees and costs of suit. Any
investigation of an employer by the Town or other law enforcement
officer shall not bar an employee from bringing an action.
d.
A contractor, subcontractor or vendor that violates this section
may also be required to pay a civil penalty of an amount set by the
Town or a court sufficient to deter future violations, but not less
than $200 per violation. Each employee and each week that a contractor,
subcontractor or vendor fails to pay the total hourly compensation
required by this section or retaliates against an employee or other
person in violation of this section shall constitute a separate violation.
Civil penalties shall be retained by the Town and used to finance
activities to enforce this section.
e.
The Town shall make information regarding all contractor, subcontractor
and vendor compliance with this section publicly available during
the term of any contract with the Town.
[Ord. No. 2008-(O)-49 § 1]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
[Ord. No. 2008-(O)-49 § 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.
43:15C-2:
[Ord. No. 2008-(O)-49 § 3]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.43:15C-1 et seq.)
as amended from time to time, and any regulations or guidance documents
from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 2014-13; repealed
by Ord. No. 2017-5]
