[R.O. 1966 § 2:4-14; Ord. 6 S+FE, 4-18-2007 § 1]
a. All contracts hereafter made by or on behalf of the City or any of
its departments or subdivisions with any person for the performance
of any kind of work or the sale, furnishing or delivery of any material
or supplies of any nature shall contain a provision that the laborers,
workers and mechanics engaged in the work or in the manufacture, sale
or delivery of such material or supplies shall not work more than
eight hours in any one day while so engaged. All such contracts shall
also provide that the laborers, workers and mechanics shall be paid
the prevailing rate of wage for the type of work to be done in the
territory in which it is or is to be performed. For purposes of this
Article, the prevailing rate of wage shall be the wage and benefit
rates designated by the Commissioner of Labor and Workforce Development
pursuant to N.J.S.A. 34:11-56.59, except that where the Commissioner
of Labor has not set a prevailing wage rate, the City shall make its
own determination of the prevailing rate. The violation of either
of the foregoing provisions shall constitute a breach of contract,
and such provisions shall be considered to be a contract for the benefit
of the workers, laborers and mechanics upon which such laborers, workers
and mechanics shall have the right to maintain action for the difference
between the prevailing rate of wage and the rate of wage actually
received by them. All such contracts shall contain the further provision
that in case any dispute arises as to the amount of the prevailing
rate of wage, such dispute shall be referred to the Commissioner of
Labor and Workforce Development of the State or to such person as
will be designated by the Commissioner of Labor and Workforce Development
as an arbitrator to settle such dispute, the parties to be bound by
the decision of such arbitrator.
b. All advertisements for bids and all specifications in pursuance of
any law requiring the advertisements for bids shall include specific
reference to this section.
c. Every contract to furnish building services for any property or premises
owned or leased by the City of Newark shall contain a provision stating
the prevailing wage for building service rates that are applicable
to the workers employed in the performance of the contract and shall
contain a stipulation that those workers shall be paid not less than
the indicated prevailing wage for building services rates. The contract
shall provide for annual adjustments of the prevailing wage for building
services during the term of the contract. For purposes of this Article,
the prevailing rate of wage shall be the wage and benefit rates designated
by the Commissioner of Labor and Workforce Development pursuant to
N.J.S.A. 34:11-56.59, except that for work performed prior to January
1, 2008, the prevailing wage shall be set at 70% of the wage (and
100% of the health and welfare rates for full timers - those who work
27.5 hours or more - and 100% of the vacation, holiday and sick benefits)
designated by the Commissioner, for work performed between January
1, 2008 and December 31, 2008, the prevailing wage shall be set at
80% of the wage (and 100% of the health and welfare rates for full
timers - those who work 27.5 hours or more - and 100% of the vacation,
holiday and sick benefits) designated by the Commissioner, and for
work performed between January 1, 2009 and December 31, 2009, the
prevailing wage shall be set at 90% of the wage (and 100% of the health
and welfare rates for full timers - those who work 27.5 hours or more
- and 100% of the vacation, holiday and sick benefits) designated
by the Commissioner. Further, for work performed prior to January
1, 2010, no employer shall be required to pay any amount toward benefits
for any employee who is regularly employed less than 27.5 hours per
week.
d. Penalty. Violation of these provisions shall constitute a breach
of contract, by the contractor or subcontractor and such provisions
shall be considered to be a contract for the benefit of the building
service workers upon which such workers shall have the right to maintain
action for the difference between the prevailing rate of wage and
the rate of wage actually received by them. All such contracts shall
contain the further provision that in case any dispute arises as to
the amount of the prevailing rate of wage, such dispute shall be referred
to the Commissioner of Labor and Workforce Development of the State
or to such person as will be designated by the Commissioner of Labor
and Workforce Development as an arbitrator to settle such dispute,
the parties to be bound by the decision of such arbitrator.
[Ord. 6 S+FH, 8-4-1999 § 1]
a. The City of Newark shall not purchase, lease, rent or take on consignment
of such goods produced under sweatshop conditions.
b. The guidelines and procedures set forth herein shall apply to items
of apparel and textiles such as clothing, headwear, footwear, linens
and fabric.
c. In order to insure that City contractors for items of apparel and
textiles utilize responsible employment practices, the following criteria
are established:
1. Preference will be given to such goods manufactured in the United
States in accordance with N.J.S. 40A:11-18.
2. The City of Newark shall, whenever possible, only award contracts
for such goods to contractors with responsible employment practices
as defined below.
d. The City of Newark may require of every bidder for contracts covered
under paragraph b above:
1. Certification of Compliance.
(a)
Bidders, when requested, shall identify the name and address
of each subcontractor to be used as well as the address of all locations,
including subcontractor locations, substantially involved in producing
the aforementioned goods. Such information shall be considered public
information.
(b)
Bidders, when requested, shall certify that each location, including
subcontractor locations, substantially involved in producing or distributing
such goods meet the following standards:
(1)
Compensation. Wage and benefit levels must be sufficient to
meet basic needs and provide some discretionary income for a family
of four (4) (a "Living wage"), along with affordable family health
benefits typical of responsible employers.
(2)
Rights. The company respects workers' rights to speak up about
working conditions without fear of retaliation, and to form unions
of their own choosing without employer resistance. Due process and
just cause procedures are used for discipline or discharge. The company
complies with all laws, regulations and ILO standards governing the
workplace. The company does not use child labor, forced labor or corporal
punishment. The company does not discriminate in hiring, promotion
or compensation on the basis of race, national origin, religion, gender,
sexual preference, union affiliation or political affiliation.
(3)
Safety and Health. The company provides a safe and healthy work
environment that complies with all State and local fire, building
and environmental codes and legislation.
e. The City may, at its discretion, require correction and remediation
of violations of the standards listed above prior to renewing commerce
with the contractor. The City may require further proof of compliance
with the aforementioned standards. Upon the City's request, the contractor
or subcontractor shall make all relevant records available to the
City or its designee. Failure to comply with these requirements may
result in the termination of a contract or ban the vendor from holding
contracts with the City for a period of three years.
f. In the event of a conflict between the provisions of this section,
as set forth herein and "The Local Public Contracts Law" (N.J.S. 40A:11-1
et seq.), the aforesaid statute shall take precedence.
[Ord. 6 S+FA § 1, 4-16-2003]
All purchases, contracts, or agreements which require public
advertisement for bids under the Local Public Contracts Law N.J.S.A.
40A:11-1 et seq. shall contain a specification which mandates that
certain full-time employees of certain entities entering into qualified
contracts with the City shall pay an hourly rate of pay and provide
health and vacation benefits in accordance with the following minimum
standards and conditions.
a. Those employees employed full-time by an entity that has entered
into a qualified contract with the City, who qualify under this paragraph,
shall accrue at least seven days of paid sick and vacation per year
under that City contract, and shall receive no less than $2,000 each
per calendar year contribution from the entity for the purchase of
health and major medical insurance coverage under either a group plan
to be purchased by the entity or under any other arrangement mutually
agreed to by the employees and the entity. The provisions of this
paragraph shall apply only to those full-time entity employees performing
full-time work exclusively for the City under the entity's qualified
contract with the City and exclusively on property either owned or
controlled by the City.
b. Those employees employed either full-time or part-time by an entity
that has entered into a qualified contract with the City, who qualify
under this paragraph, shall receive an hourly rate of pay no less
than $7 per hour for each full hour of work performed under that contract.
The provisions of this paragraph shall apply to all part-time and
full-time entity employees performing work exclusively for the City
under the entity's qualified contract with the City and exclusively
on property either owned or controlled by the City.
c. For purposes of paragraph a of this subsection, the word "full-time"
shall mean those employees who work a minimum of 25 hours per week
exclusively under a qualified contract with the City excluding meal
periods; the word "part-time" shall mean those employees who work
less than 25 hours per week.
d. For purposes of paragraph a of this subsection, "employee" and "employment"
shall include only those employees of an entity that has entered into
a qualified contract with the City and who work exclusively under
that contract in the job categories of clerical worker, food service
worker, janitorial worker, and unarmed security guard.
e. For purpose of paragraph a of this subsection, the words "qualified
contract" shall mean only those contracts awarded by the City, requiring
advertisement by bids, under the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq. for the exclusive purpose of having the entity provide
clerical worker, food service worker, janitorial worker, and unarmed
security guard services to the City.
f. For purposes of paragraph a of this subsection, the word "entity"
shall mean any person, partnership, corporation, or other form of
legally recognized business organization that submits a bid or enters
into a qualified contract with the City under the Local Public Contracts
Law, N.J.S.A. 40A:11-1 et seq.
[R.O. 1966 and 1966 C.S. § 2:4-15; Ord. 1-16-85, § 1; Ord.
6 S+FBN, 12-18-1985; Ord. 6 S+FK, 10-16-1991]
a. Except as otherwise provided in paragraph b., no City Officer or
employee shall be interested in any contract with the City, or in
compensation for work done for, or materials or supplies furnished
to the City, or to any contractor, or other person furnishing the
same to the City, nor shall be/she participate in any profits with
such contractor or other person, or receive any compensation, commission,
gift or other reward for his/her services, except the salary or fees
established by law or by ordinance or resolution of the Council.
b. The provisions of paragraph a shall not be construed to prevent City
Officers or employees from purchasing real property sold by the City
at public auction, unless otherwise prohibited by law, except in those
cases in which there is a direct or indirect involvement in the disposition
of such property by public sale.
c. No person who exercises or has exercised any functions or responsibilities
related to the filing of tax abatement applications before the Municipal
Council, the granting of loans by the City, providing of technical
assistance for economic development purposes or participating in the
decision making process or gaining information in regards to such
activities may obtain a personal or financial interest or benefit
from the aforementioned activities or have an interest in any contract,
subcontract or agreement with the developer, borrower, or applicant
seeking such assistance from the City of Newark either for themselves
or those with whom they have family or business ties during their
tenure or for one year thereafter. Person shall be defined as an elected
or appointed official, officer, employee of the City of Newark or
an elected or appointed official, officer, employee of any of its
boards, agencies or commissions (including any of their immediate
relatives).
This provision shall not apply to any elected or appointed official,
officer, employee of the City of Newark or an elected or appointed
official, officer, employee of any of its boards, agencies, or commissions
which serve on a nonprofit corporation.
[Ord. 6 S+FF, 9-16-1992]
a. The efficient, effective and unencumbered administration of City
business, programs, projects and activities is of utmost importance;
and the interruption of the work and work product of City employees
serves to encumber the administration of City business. A source of
the interruption of the work of same employees is due to the constant
flow of members of the public seeking services of a notary public.
b. Hereinafter, the notary public services of City employees licensed
to perform such duties shall be prohibited during their work hours
with the exception of those persons who must provide these services
as part of their normal assigned duties. In these instances this service
shall be provided free of charge.
[R.O. 1966 C.S. § 2:4-16]
a. Except as hereinafter provided, all officers advertising for bids,
proposals or estimates for contracts with the City of Newark shall
require such bids, proposals or estimates to be accompanied by a guarantee
payable to the City of Newark, that if the contract is awarded the
bidder will enter into the contract and will furnish any performance
bonds or other security required as a guarantee or indemnification
by the City of Newark. The guarantee may be given, at the option of
the bidder, by certified check, cashier's check or bid bond. When
the guarantee given by the bidder is in the form of a bid bond, it
shall be executed by a company authorized to do surety business in
this State. The amount of the bid bond, certified check, or cashier's
check shall be determined in accordance with the Local Public Contracts
law [N.J.S. 40A:11-1 et seq.], and any applicable regulations.
b. Except as hereinafter provided, all officers advertising for bids,
proposals or estimates for contracts with the City of Newark shall
require such bids, proposals, or estimates to be accompanied by a
certificate from a surety company authorized to do surety business
in this State stating that it will provide the bidder with a bond
in such sum as required by the City of Newark for the faithful performance
of all provisions of the contract and for all other matters required
for performance bonds under the Local Public Contracts Law [N.J.S.
40A:11-1 et seq.], and any applicable regulations. This performance
bond shall be in a form subject to the approval of the Corporation
Counsel of the City of Newark.
c. The Business Administrator may, where the estimated cost is less
than $500,000 when he/she deems it in the best interest of the City
of Newark, authorize the officer advertising for bids, proposals or
estimates, to eliminate the requirement of a bid bond, or certified
check or cashier's check in lieu thereof, altogether. He/she may also
authorize the officer advertising for bids, proposals, or estimates,
to eliminate the requirement of a performance bond altogether, or
to require a performance bond in less than the full amount of the
contract, or require such other security as the Business Administrator
may deem sufficient. The approval of the Business Administrator to
take such action must be given in writing prior to the advertising
for bids, proposals or estimates and the approval must be made part
of the contract document. In the case of contracts where the estimated
cost is greater than $500,000 the Business Administrator may request
the Municipal Council to authorize him by resolution to follow the
procedure contained herein to eliminate or modify the performance
bond requirement.
d. No member of the Council, City Officer or employee shall be a surety
upon any proposal or estimate referred to in this section or upon
any agreement given to secure the performance of any contract with
the City.
[R.O. 1966 § 2:4-17]
Any officer or employee violating any provision of the Charter
and ordinances relating to proposals and surety for and awards of
public contracts shall be deemed guilty of misconduct in office, and
shall be liable to removal from office therefor. Any officer or employee
who shall knowingly permit any provision of such sections to be violated
by any of his/her subordinates shall also be guilty of misconduct
in office and liable to removal therefor.
[R.O. 1966 C.S. § 2:4-17.1]
No project, agency, board or division funded through the City
of Newark shall present to the Governing Body any ordinance for the
lease of privately-owned and operated space without first obtaining
a release from the Tax Collector and/or Manager of the Division of
Property Management stating that suitable space under the control
of the City is not available.
[R.O. 1966 C.S. § 2:4-17.2]
Any department, division or agency, of the City of Newark, which
advertises for bids for goods and/or services shall request of all
prospective bidders, through a questionnaire to be inserted in the
bid specifications section, that the bidder disclose any Municipal,
County, State or Federal criminal conviction, in this State or any
other State.
Any conviction set forth in the questionnaire, including a conviction
of any one principle of a corporation, may serve as the basis of a
rejection of the bid by the City of Newark.
Any acceptance and/or rejection by the City, based upon a prior
conviction, shall not take place unless and until there has been a
responsibility hearing held by the Corporation Counsel, or his designee,
of the City of Newark and recommendation submitted to the Municipal
Council.
Any bid received by the City without a disclosure statement
attached is in effect not to be considered a responsible bid.
If after the awarding of the contract, the bidder is found to
have been convicted of a crime, such falsification of information
by the bidder or his or her agent shall be grounds for the termination
of the contract.
[Ord. 6 S+FB, 5-16-1984]
No resolution, contract or other authorization for the continuation
of any program or activity previously operated for six months or longer
and funded by any Federal, State, county or other grant source shall
be submitted for Municipal Council approval, unless the City Administration
has previously supplied Council with a comprehensive programmatic
evaluation report of subject program indicating the efficient and
economic prior use of grant funds and the satisfactory accomplishment
of subject program's goals and objectives and the specific reasons
why the program should receive continued funding and further, that
within 180 days of the completion of a subject program's individual
funding period, the Municipal Council shall be in receipt of a certified
fiscal audit of the grant program.
[Ord. No. 6 PSF-E, 5-19-2010 § 1]
The purpose of this section is to establish requirements for
the filing of certain fiscal documents by nonprofit organizations
that receive grant-funded awards or services from, by, or through
the City of Newark from Federal, State, and/or local sources. This
section is not intended to include general municipal contracting and
procurement that is governed by State of New Jersey Local Public Contracts
Law, N.J.S.A. 40A:11-1 et seq., even if funded by Federal, State,
and/or local sources.
[Ord. 6 PSF-E, 5-19-2010 § 1]
a. CITY OF NEWARK — Shall mean the Newark Municipal Council, the
Mayor's Office, the Business Administrator's Office, all administrative
offices, agencies and departments, and any other offices included
in maintaining the City of Newark.
b. NONPROFIT — Shall mean and include any nonprofit, not-for-profit,
or tax-exempt organization, corporation, or entity. This definition
is intended to include religious organizations but does not include
churches.
c. RELIGIOUS ORGANIZATIONS — Shall mean any organization or entity
whose principal purpose is the study or advancement of religion. This
definition is intended to include nondenominational ministries, interdenominational
and ecumenical organizations.
d. CHURCH — Shall mean a place of worship with certain characteristics
and attributes, including but not limited to, distinct legal existence,
recognized creed, formal code of doctrine and discipline, regular
congregations, regular religious services, and Sunday schools for
religious instruction. This definition is intended to include mosques
and synagogues.
e. FINANCIAL STATEMENT — Shall mean a written report which quantitatively
describes the financial health of an entity or organization and includes
an income statement/statement of activities, balance sheet/statement
of financial position, and cash flow statement. This definition does
not include audited financial statements.
f. AUDIT — Shall mean an examination of the financial records,
reports, and statements of an entity or organization by accounting
specialists other than those responsible for their preparation resulting
in the publication of an independent opinion on whether or not those
financial records, reports, and statements are relevant, accurate,
complete, and fairly presented.
g. FORM 990 — Shall mean the Return of Organization Exempt from
Income Tax form issued by the Internal Revenue Service ("IRS") and
used by nonprofit organizations and entities to report financial information
to the IRS on an annual basis. This definition is intended to include
other acceptable variations of Form 990 including Form 990-EZ (Short
Form Return of Organization Exempt from Income Tax), Form 990-N (Electronic
Notice for Tax Exempt Organizations Not Required to File Form 990
or 990-EZ), and Form 990-PF (Return of a Private Foundation or Section
4947(a)(1) Nonexempt Charitable Trust Treated as a Private Foundation).
h. PUBLIC — Shall mean Federal, State, and/or local governments
and their associated departments, divisions, agencies and entities.
[Ord. No. 6 PSF-E, 5-19-2010 § 1]
a. Requirements for Nonprofit Entities.
1. Any nonprofit entity awarded public monies or services from, by,
or through the City of Newark shall submit to the City of Newark a
copy of their most recently filed Form 990 prior to the award and/or
receipt of such monies or services.
2. Form 990 from the previous tax year is required for submission by
the 15th day of the fifth month following the end of the nonprofit's
tax year.
3. Form 990 must be provided to the City of Newark within 45 days of
notification of award. If after 45 days said Form is not submitted,
the City of Newark reserves the right to reallocate award monies or
services.
b. Requirements for Churches.
1. Any church awarded public monies or services from, by, or through
the City of Newark shall submit to the City of Newark a copy of their
most recent unaudited financial statement.
2. Financial statements from the church's previous accounting year are
required for submission by the first day of the seventh month following
the end of the organization's accounting year.
3. The financial statement must be provided to the City of Newark within
45 days of notification of award. If after 45 days said financial
statement is not submitted, the City of Newark reserves the right
to reallocate award monies or services.
c. When Audits Are Required; Requirements.
1. Any nonprofit entity or church awarded public monies or services
from, by, or through the City of Newark shall submit to the City of
Newark an audit in addition to the requisite Form 990 or Financial
Statement under the following circumstances:
(a)
The nonprofit or church's total operating income is $250,000
or less and at least $100,000 of its total operating income is funded
with public monies; or
(b)
The nonprofit or church's total operating income is greater
than $250,000 and at least $25,000 of its total operating income is
funded with public monies.
2. Audits from the previous accounting year are required for submission
by the first day of the seventh month following the end of the nonprofit
or church's accounting year.
3. Audits must be provided to the City of Newark within 60 days of notification
of award. If after 60 days said audit is not submitted, the City of
Newark reserves the right to reallocate award monies or services.
[Ord. 6 S+FA, 3-21-2001 § 1; Ord. 6 S+FB, 2-19-2003 § 1; Ord.
6 PSF-F, 11-7-2011 § 1; Ord. 6PSF-C, 6-17-2015]
a. The City of Newark requires, as part of its bid specifications and
contract stipulations, that all/any prospective contractors or vendors
or persons doing business with the City (hereinafter referred to as
"Contractors/Vendors"), bidding for a municipal contract in a "service
provider" category take affirmative steps to the greatest extent feasible
to ensure the greater of one of the following: (a) that 40% of the
necessary workforce employed by the contractors or vendors to perform
the services contracted, are performed with qualified Newark residents
for the duration of the contract (hereinafter referred to as the "Work
Force Goal"); or (b) that at least 40% of the total employee worker
hours, in each project area or category, shall be reserved for Newark
residents (hereinafter referred to as the "Workhour Goal"). In order
to comply with this section, Contractors/Vendors or other persons
doing business with the City shall demonstrate good faith efforts
to meet the "Work Force and/or Work Hour Goals."
b. Contractors/Vendors awarded municipal contracts in compliance with
paragraph a above are required to submit quarterly progress reports
to the Office of the City Clerk, the Office of Affirmative Action
and to the user agency or Department, containing an accurate record
of 1) the number of Newarkers hired as well as the number of Newark
residents currently employed on the project or in performance of the
contract; 2) the number of training positions, if any, and the amount
of positions that will be filled by Newark residents; 3) the necessary
level of job skills required of Newarkers to plan and implement the
work to be done on the job or in performance of the contract. In the
quarterly reports the Contractors should document all "good faith"
efforts in their actions to hire Newark residents and assign workhours.
Example of such documentation should consist of the following:
1. Copies of all advertisement for training and employment.
2. A list of Newark residents who applied or otherwise expressed interest
in training positions or employment.
3. Letters to community organizations informing them of employment opportunities
4. Work rosters and time and hour documentation.
c. All advertisements or postings on the City of Newark website and
requests for quotations for open market contracts, made by or on behalf
of the City or any of its departments for Bids, Request For Proposals
or other specifications in pursuance of any law requiring the advertisements
for bids shall include specific reference to paragraphs a and b of
this section.
d. Exceptions. To the extent that the Contractor/Vendor requests and
the City of Newark concurs, that there is an existing condition or
circumstance whereby there are not sufficient available, qualified
applicants willing or able to satisfy the Workforce or Workhour Goals
associated with the contract, the affected Contractor/Vendor shall
deposit with the City of Newark, in an account established pursuant
to law, to be expended only for job training programs performed by
or sponsored by the City of Newark, an amount equal to 2% of the total
annual amount of the contract. A request for an exception shall be
made in writing, to the Office of Affirmative Action, on forms approved
by the City of Newark, establishing good faith efforts to meet the
aforementioned goals. The exceptions may be granted by the Office
of Affirmative Action, in its discretion.
e. Implementation.
1. One Stop Career Center-NewarkWORKS. The Department of Economic and
Housing Development, NewarkWORKS, shall be the office responsible
for maintaining records, providing a point of contact for Newark residents
seeking employment, maintaining a First Source Register of job opportunities
on municipal contracts and unemployed persons, which shall be made
available to Contractors/Vendors as a First Source for their employment
needs.
2. Job Opportunities. Contractors/Vendors, awarded a bid contract from
the City of Newark shall, prior to hiring for any vacancy arising
under the municipal contract, shall notify NewarkWORKS of the vacancy,
so that it may be listed in the First Source Register. The First Source
Register shall contain a detailed description of the job responsibilities
and necessary qualifications. The lob listings shall be posted in
a conspicuous place to be designated by Newark Works on the City's
website. Newark Works shall also provide to the Contractors/Vendors
a list of qualified candidates from the First Source Register, if
such candidates are available, within 24 hours of receiving a notice
of a vacancy. The Contractors/Vendors shall (a) review the resumes
and qualifications of the candidates, and (b) make a good faith effort,
in the sole judgment of the City of Newark, to fill a minimum of 40%
of its employment needs for the municipal contract with qualified
Newark residents.
3. Random Site Visits. The Deputy Mayor for Full Employment or his or
her duly authorized representative shall be entitled to perform or
conduct random, unannounced site visits to applicable project or lob
sites to determine whether or not the Contractor/Vendor is in compliance
with the First Source requirements of the section.
4.
Violations. Contractors/Vendors
who have not requested and/or granted an Opt-Out Exemption pursuant
to this section, determined to be not in compliance with the ordinance,
shall be subject to the following administrative sanctions.
a. Suspension of the contract until the Contractor/Vendor comes into
compliance, if appropriate;
b. Termination of the contract, following receipt of a notice of default,
and an opportunity to cure and/or
c. Payment to the Newark Works Job Training Fund, a sum of $2,000 per
employee, or the value of wages that would have been earned by employees,
impacted by the Contractor's/Vendor's noncompliance, whichever is
less. All contracts and specifications shall include the aforementioned
sanction provision.
5. The terms of this section shall not obviate the obligation or requirement
of a Contractor/Vendor to execute a First Source Hiring Agreement,
separate and apart from the contract for services.
[Ord. 6 S+FD, 11-18-2002 § 1; Ord. 6PSF-F, 11-7-2011 § 1; Ord.
6 PSF-C, 6-17-2015]
It is hereby declared to be the public policy of the Municipal
Council that the hiring of Newark 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 Newark shall be applied to any and all Federally or State
assisted, City sponsored or privately funded developments within the
City limits, with bona fide Newark residents being afforded a minimum
of 40% 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.
[Ord. 6 S+FD, 11-18-2002 § 2; Ord. 6 PSF-F, 11-7-2011 § 1; Ord.
6 PSF-C, 6-17-2015]
a. In order to validate a good faith effort with the qualified Newark
residents the contractor shall comply with the stipulation of Ordinance
6 S+FA, October 11, 2000, the First Source Employment Program and
shall require each subcontractor to designate an individual to serve
as a compliance officer for the purpose of pursuing the Newark Residents
Jobs Policy.
b. Prior to the start of construction, the contractor and each subcontractor
then selected, shall meet with appropriate representatives of the
construction trade unions, representatives from the Office of the
Deputy Mayor for Full Employment and the awarding or contracting authority
for the purpose of reviewing the standards and the estimated employment
requirements for construction activity over the construction period
of the project. The Department of Economic and Housing Development,
One Stop Career Center-NewarkWORKS, shall be the office responsible
for maintaining records, providing a point of contact for Newark residents
seeking employment, maintaining a First Source Register of job opportunities
on municipal contracts and unemployed persons, which shall be made
available to Contractors/Vendors as a first source for their employment
needs.
c. Whenever any person involved in the construction of a project makes
a request to a union hiring hall, business agent or contractors' association
of qualified workers, the requestor shall ask that those qualified
applicants referred for construction positions be referred in the
proportions specified in the Newark Residents Construction Employment
standards and shall further contain a recitation of such standards.
However, if the requesting party's workforce composition at any time
falls short of any one or more of the proportions specified in the
standards, the requesting party shall adjust his or her request so
as to seek to more fully achieve the proportions as specified in whom
a request for qualified employees has been made fails to fully comply
with the request, the requesting party's compliance officer shall
seek written confirmation that there are insufficient employees in
the categories specified in the request and that such insufficiency
is documented on the unemployment list maintained by the hall, agent
or association. Copies of any confirmation so obtained shall be forwarded
to the Affirmative Action Review Council. Copies of any requests for
qualified employees made at the time that the requesting party's workforce
composition fall short of any one or more such standards shall be
forwarded contemporaneously to the Deputy Mayor for Full Employment.
d. All persons applying directly to the contractor or any subcontractor for employment in construction of a project who are not employed by the party to whom application is made shall be referred by said party to the Office of the Deputy Mayor for Full Employment, and a written record of such a referral shall be made by said party, a copy of which shall be sent to the Affirmative Action Review Council, subsection
2:2-28.1.
e. Contractors shall maintain a file of the names, addresses, and telephone
numbers of each Newark resident who has sought employment with respect
to a project or who was referred to the contractor by the Office of
the Deputy Mayor for Full Employment but was not hired. The contractor
shall maintain a record of the reason any such person was not hired.
If the contraction of a project is subject to any union collective
bargaining agreements, it shall be required that the employee complies
with any lawful union security clauses contained in such agreement.
The contractors shall report the data required by section on a Newark
Workforce Compliance Report template, prepared by the Office of the
Deputy Mayor for Full Employment, on a monthly basis. A copy of this
Report shall be provided to the Director of Economic and Housing Development.
This reporting requirement shall be in addition to any other reporting
required by this or any other ordinance.
f. The contractor shall in a timely manner complete and submit to the
Affirmative Action Review Council a projection of the workforce needs
over the course of construction of the project. Such a submission
shall reflect the needs by trade for each month of the construction
phase.
g. The contractor shall obtain from each worker employed in the construction
of the project, a sworn statement containing the worker's name and
place of residence.
h. One week following the commencement of construction of the project,
and each week thereafter until such work is completed, the contractor
shall complete and submit to the Office of the Deputy Mayor for Full
Employment a report which reflects (a) for each employee, the employee's
name, place of residence, race, gender, trade and total number of
worker hours he or she worked, and (b) the total worker hours of its
total workforce. In addition to providing demographic information
and the total worker hours of its workforce, the contractor shall
report the total number of hours worked by Newark residents, with
an additional breakdown by trade, from the beginning of the project
to date. To comply with this provision, contractors shall provide
this data on the Newark Workforce Compliance Report template, provided
by the Office of the Deputy Mayor for Full Employment.
i. The contractor and each subcontractor shall maintain records reasonably
necessary to ascertain compliance with the steps detailed in paragraphs
a through h hereof for at least one year after the beginning of the
construction of the project. In its review of records of a construction
project submitted to demonstrate compliance with these steps, the
Affirmative Action Review Council shall take into consideration any
affirmative action outreach programs and affirmative action job training
programs of the particular trades participating in the project.
[Ord. 6 S+FD, 11-18-2002 § 3; Ord. 6 PSF-F, 11-7-2011 § 1; Ord.
6 PSF-C, 6-17-2015]
a. In order to validate a good faith effort to hire qualified Newark
residents the developer shall comply with the stipulations of Ordinance
6 S+FA, October 11, 2000, the First Source Employment Program and
shall incorporate in every general construction contract or construction
management agreement an enumeration of the standards and shall impose
a responsibility upon such general contractor or construction management
to take all steps enumerated in paragraph a though I and incorporate
such standards in all subcontracts and impose upon all subcontracts
the obligation to take such steps.
b. The developer shall meet with the contractor no less frequently than
weekly throughout the period of construction of the project to review
the contractor's compliance with such standards and steps. The developer
shall maintain minutes of such meetings and shall forward a copy of
such minutes to the Office of the Deputy Mayor for Full Employment
within 10 days of such meeting.
c. The following procedures and guidelines must be followed by all subcontractors
performing work on the project. This project is subject to the Newark
Residents Job Policy, and will be monitored by the Office of the Deputy
Mayor for Full Employment to ensure that employment of 40% Newark
residents is achieved and maintained.
1. Submit a letter to the union explaining that this project is subject
to the Newark Residents Jobs Policy, which requires that employment
of 40% Newark residents must be achieved on a weekly basis until completion
of your contract with this company.
2. 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:
(a)
The name of the representative making such request, name of
persons she/he contacted at the union hall, date of contract and action
taken by union representative.
3. A meeting is to take place with union business agents before your
company starts any type of work on this project.
4. 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.
5. A meeting shall be called by the general contractor and the Office
of the Deputy Mayor for Full Employment to discuss what other steps
will be taken to help your office comply with these requirements.
[Ord. 6 S+FD, 11-18-2002 § 4; Ord. 6 PSF-C, 6-17-2015]
The duties heretofore conferred on the Newark Employment Commission
with regard to enforcement and monitoring of the Newark Resident Employment
Policy shall be exercised by the Affirmative Action Review Council.
The Newark Employment Commission ordinance is hereby repealed.
[Ord. 6 SF-E, 11-22-2010]
a. Statement of Policy. The City of Newark has a significant interest
in encouraging the creation of employment opportunities for its residents
and for businesses located within the City. As a purchaser of goods
and services, the City will benefit from expanded job and business
opportunities for its residents and businesses through additional
revenues generated by its activities. It is in the interest of the
City and its residents to give preference on eligible local projects
to those eligible offerors who have direct physical and economic relationships
with the City.
b. Applicability. This local preference program shall only apply to
any City contract (referred to hereinafter as "Eligible Local Projects")
procured under competitive sealed bidding. It does not apply to purchasing
utilizing competitive sealed proposals, small purchases, sole source
purchasing, emergency purchasing, competitive selection procedures
for professional and consultant services or federally-funded projects.
c. Certification as a Local Offeror. The Director of Purchasing shall
create the application form which shall be used by all applicants.
In order to be certified as a local offeror, an eligible offeror must
submit a completed application to the Division of Purchasing, and
the applicant must be approved and certified by the Division of Purchasing.
An eligible offeror must submit a completed and signed written application
to become a local offeror before it will be allowed to receive a bid
preference on an eligible local project. In order to be approved as
a local offeror and all bid preference on an eligible local project,
the application for approval as a local offeror and all supporting
documents must be received by the Division of Purchasing at least
30 days prior to the date bids are received on such eligible local
project. An eligible offeror who fails to submit an application for
approval as a local offeror at least 30 days prior to the date bids
are received on an eligible local project, and who otherwise meets
the requirements for approval as a local offeror, will not be qualified
for a bid preference on such eligible local project.
d. Criteria. To be certified as a local offeror, the eligible offeror
must satisfy no less than two of the following criteria:
1. The eligible offeror's principal place of business is located in
the City of Newark or that the eligible offeror has held a valid City
business license for at least one year prior to the date of application.
2. A majority of the full time employees, chief officers, and managers
of the eligible offeror have regularly conducted work and business
in the City for at least one year prior to the date of application.
3. A majority of the employees based at the eligible offeror's place
of business in the City have been residents of the City of Newark
for at least one year prior to the date of application.
4. The services the eligible offeror offers to the City have been provided
by the eligible offeror in the City for at least one year prior to
the date of application.
5. Construction contracts in excess of $250,000 shall include the following
requirements:
(a)
At least 50% of the dollar volume shall be subcontracted to
small business enterprises; provided, that the costs of materials,
goods, and supplies shall not be counted towards the 50% subcontracting
requirement unless such materials, goods, and supplies are purchased
from small business enterprises; or
(b)
If there are insufficient qualified small business enterprises
to completely fulfill the requirement of paragraph (a) of this paragraph
d,5, then the subcontracting requirement may be satisfied by subcontracting
50% of the dollar volume to any certified business enterprises; provided,
that all reasonable efforts shall be made to ensure that qualified
small business enterprises are significant participants in the overall
subcontracting work.
If the applicant is a joint venture or mentor-protégé
team, each participant in the joint venture or mentor-protege team
must be approved independently as a local offeror in order for the
joint venture or mentor-protege team to receive the bid preference
on eligible local projects.
e. Term. The certification as a local offeror shall expire two years
from the date of the approval of the application. Following the expiration
date, a business is no longer a local offeror. An eligible offeror
must submit a new application for certification as a local offeror
to the Division of Purchasing and establish that it continues to meet
the requirements contained in paragraph d of this section in order
to receive a bid preference on eligible local projects.
f. Determining Responsiveness of Non-Local Offerors. The geographic
location of an eligible offeror shall be one of the factors considered
by the Division of Purchasing in determining whether a bid on an eligible
local project is responsive. A bid submitted by a non-local offeror
shall be deemed nonresponsive on the basis that the eligible offeror
is a non-local offeror, unless a waiver has been approved by the Director
of Purchasing:
1. For eligible local projects valued at less than $250,000, the amount
of the bid submitted by the non-local offeror is 10% lower than the
lowest responsible and responsive bid submitted by a local offeror;
2. For eligible local projects valued at $250,000 or more, the amount
of the bid submitted by the non-local offeror is 5% lower than the
lowest responsible and responsive bid submitted by a local offeror;
3. The bid submitted by the non-local offeror would be responsible and
responsive but for the fact that the eligible offeror is a non-local
offeror, and
4. The amount of the bid submitted by the non-local offeror is lowest
among bids submitted by other non-local offerors that would be responsible
and responsive but for the fact that such other eligible offerors
are non-local offerors.
g. Continuing Obligations of Eligible Offerors Certified as Local Offerors.
Eligible offerors certified as local offerors shall be under a continuing
duty to immediately inform the Division of Purchasing in writing of
any changes in the eligible offeror's business if, as a result of
such changes, the eligible offeror no longer satisfies the requirements
of paragraph d of this section.
[Ord. 6 SF-A, 9-8-2011]
a. Vendor Registration System Created. The Director of Purchasing shall
create a Vendor Registration System together with a Purchasing Portal
to enable vendors to receive email or telefax notifications of upcoming
business opportunities. The registration of a business shall include
the name, address and all personal and business contact information
for the vendor; the type of business, service or commodity provided
by the vendor; the number of employees and annual revenue.
b. Purchasing Portal. The portal shall be accessed through the City's
webpage. Business opportunities with the City shall be posted on a
weekly basis and shall include the type of supplies or service requested;
bid posting date, submission date and closing date; the name of the
winning vendor and the amount of the winning bid.
[Ord. 6 S+FC, 2-19-2003 § 1]
No resolution, contract, or authorization for the funding of
any program or activity by a sub grantee of the City of Newark by
any Federal, State, County, municipal or other grant source shall
be submitted for Municipal Council approval, unless the City Administration
has submitted to the Council a certification that the sub grantee
entity has no outstanding charges due or owed to the City of Newark
including real estate taxes and/or liens, water/sewer charges and/or
liens, loan repayments or payments in lieu of taxes (PILOT).
Outstanding charges shall mean any amount which is 120 days
past the date of billing and any amount in excess of $5,000.
Those entities which are on an approved payment plan with the
Administration and are current with their payments shall be deemed
as having no outstanding municipal charges.
It shall be the responsibility of the City Administrative Department/Division
initiating and/or submitting the resolution and contract for Council
consideration to ensure said certification is included along with
these documents.
[Ord. 6 S+FD, 10-3-2007 § 1]
a. The City shall give advance notice to a service contractor and any
collective bargaining representative of the service contractor's employees
that a service contract will be terminated, and the City shall also
provide the name, address, and telephone number of the successor contractor
or contractors where known. The terminated contractor shall, within
five days after receipt of such notice, provide to the successor contractor,
the name, address, date of hire, and employment occupation classification
of each employee employed at the site or sites covered by the service
contract at the time of receiving said notice. If a successor contractor
has not been identified by the City by the end of the five-day period,
the terminated contractor shall provide the information to the City.
At the same time that the terminated contractor provides this information
to the successor contractor or the City, the terminated contractor
shall provide each affected employee with notice of his/her right
to obtain employment with the successor contractor.
b. A successor contractor or subcontractor where applicable shall retain
for a ninety-day transitional employment period all employees who
were employed by the terminated contractor and its subcontractors
at the building(s) covered by the terminated contract.
c. If at any time the successor contractor determines that fewer employees
are required to perform the new service contract than had been performing
such services under the terminated contract, the successor contractor
shall retain the employees by seniority within job classification.
Except for such layoffs, during the ninety-day transition period,
the successor contractor shall not discharge without cause an employee
retained pursuant to this section. During the ninety-day transition
period, the successor contractor shall maintain a preferential hiring
list of those employees not retained, from which the successor contractor
or its subcontractors shall hire additional employees from.
d. At the end of the ninety-day transition employment period, the successor
contractor shall perform a written performance evaluation for each
employee retained pursuant to this section. If employee's performance
during such ninety-day period is satisfactory, the successor contractor
or subcontractor shall offer the employee continued employment under
the terms and conditions established by the successor contractor or
subcontractor or as required by law.
[Ord. 6 S+FD, 10-3-2007 § 2]
a. Compliance with this section shall be required in all City contracts
to which it applies, and such contracts shall provide that violation
of this section shall entitle the City to terminate the contract.
In addition, failure to comply with these requirements may ban the
contractor from holding contracts with the City for a period of three
years. Upon the City's request, the contractor or subcontractor shall
make all relevant records available to the City or its designee in
order for the City to determine whether the contractor or subcontractor
is in compliance with said requirements.
b. An employee displaced or terminated in violation of this section
may bring an action in any court of competent jurisdiction against
the terminated contractor and/or the successor contractor for violations
pursuant to this section.
[Added 6-22-2021 by Ord.
No. 6PSF-D(s), 06-22-2021]
The State's Pay-to-Play statutory requirements pursuant to N.J.S.A.
19:44A-20.5, and as may be amended and supplemented, governing eligibility
for municipal contracts, is hereby adopted by the City of Newark.
[Ord. 6PSF-C, 10-3-2012 § 1; Ord. 6PSF-F, 10-2-2019]
As used in this Section:
AFFORDABLE HOUSING
Shall mean housing that is restricted for occupancy and affordable
to households with incomes no greater than 80% of Area Median Income
by family size as established by the U.S. Department of Housing and
Urban Development (HUD) including, but not limited to housing that
is funded by HUD, Section 42 of the Internal Revenue Code or which
is covered and regulated by the Council of Affordable Housing.
APPRENTICE
Shall mean a worker who participates in a Federal Apprenticeship
Program and receives benefits and pay not less than those received
by an apprentice.
APPRENTICESHIP PROGRAM
Shall mean a registered apprenticeship program providing
to each trainee combined classroom and on-the-job training under the
direct and close supervision of a highly skilled worker in an occupation
recognized as an apprentice able trade, and registered by the Bureau
of Apprenticeship and Training of the U.S. Department of Labor and
meeting the standards established by the Bureau.
CITY OF NEWARK
Shall mean the City or the Business Administrator and/or
his designee.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Means 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.
DEVELOPER
Shall mean an entity that is engaged in a Redevelopment Project
or Public Works Project as defined herein the awardee of a public
construction contract for a public construction project, and/or their
contractors/agents.
LABOR ORGANIZATION
Shall mean an organization, which represents, for purposes
of collective bargaining, employees involved in the performance of
Public Works Projects or Redevelopment Projects and eligible to be
paid prevailing wages under the "New Jersey Prevailing Wage Act,"
P.L. 1963, c. 150 (C.34:11-56.25 et seq..) and has the present ability
to refer, provide or represent sufficient numbers of qualified employees
to perform the contracted work, in a manner consistent with this section
and the enabling statute (N.J.S.A. 52:38-1 et seq.) and any plan mutually
agreed upon by the labor organization and the City of Newark or the
Developer, as relevant to the situation.
NOT-FOR-PROFIT
Shall mean any entity that is organized as a nonprofit or
not-for-profit entity, corporate or otherwise or a governmental entity.
PROJECT COMPLETION
Shall mean 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
Shall mean a prehire collective bargaining agreement between
a Labor Organization and the City of Newark or a Developer, as the
situation dictates, that contains at a minimum the requirements set
forth in this Section.
PUBLIC WORKS PROJECT
Shall mean any public works contract for the construction,
reconstruction, demolition, hazardous materials abatement or renovation
of buildings entered into by the City using public funds, for which:
1.
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 (C.34:11-56.25
et seq.); and
2.
The total cost of the project, exclusive of any land acquisition
costs, will equal or exceed $5,000,000 (N.J. Stat. Ann. § 52:38-2)
REDEVELOPMENT AREA BOND
Means 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
Shall mean a project that has a Total Construction Cost that
is equal to or exceeds $25,000,000, exclusive of any land acquisition
costs, and receives (1) a tax exemption pursuant to N.J.S.A. 40A:20-1,
et seq. (the "Long Term Tax Exemption Law") or a tax exemption pursuant
to N.J.S.A. 40A:21-1, et seq. (the "Five-Year Exemption and Abatement
Law"); and (2) is a recipient of an additional form of financing such
as, but not limited to, Redevelopment Area Bond ("RAB") pursuant to
N.J.S.A. 40A:12A-64, et seq., capital financing pursuant to the Local
Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., a Community
Development Block Grant ("CDBG"), a grant and/or gap financing drawn
from the City's Affordable Housing Trust Fund or other comparable
municipal redevelopment funds, UEZ capital financing/funding, a direct
payment to the Developer by the City in the form of rent or any other
form of municipal financing/funding.
REDEVELOPMENT PROJECT
Shall mean a project, including demolition and hazardous
materials abatement, that has an estimated total construction cost
that is equal to or exceeds $25,000,000, exclusive of any land acquisition
costs, for which the City has (1) granted a tax exemption pursuant
to N.J.S.A. 40A:20-1, et seq. (the "Long Term Tax Exemption Law")
or a tax exemption pursuant to N.J.S.A. 40A:21-1, et seq. (the "Five-Year
Exemption and Abatement Law"); and (2) is a recipient of an additional
form of Redevelopment Area Financing such as, but not limited to,
Redevelopment Area Bond ("RAB") pursuant to N.J.S.A. 40A:12A-64, et
seq., capital financing pursuant to the Local Redevelopment and Housing
Law, N.J.S.A. 40A:12A-1, et seq., a Community Development Block Grant
("CDBG"), a grant and/or gap financing drawn from the City's Affordable
Housing Trust Fund or other comparable municipal redevelopment funds,
UEZ capital financing/funding, a direct payment to the Developer by
the City in the form of rent or any other form of municipal financing/funding.
TOTAL CONSTRUCTION COST
Means all costs, including infrastructure, demolition and
hazardous materials abatement, 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 and 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:20-3(h)(4).
[Ord. 6PSF-C, 10-3-2012 § 2; Ord. 6PSF-F, 10-2-2019]
All Redevelopment projects and all requests for proposals, specifications
and final contracts for Public Works Projects shall require the execution
of a Project Labor Agreement that complies with the requirements of
this section, unless the Business Administrator determines, taking
into consideration the amount of City financial resources required
and the increased cost and feasibility challenges that would result
to the Project, the nature, phasing, size and complexity of the project,
including the height of the buildings, the presence or absence of
elevators and the utilization or non-utilization of steel, that a
Project Labor Agreement is not appropriate. In all cases, the Project
Labor Agreement must advance the interests of the City of Newark,
including cost, efficiency, quality, time, time lines and need for
a skilled labor force and safety.
[Ord. 6PSF-C, 10-3-2012 § 3; Ord. 6PSF-F, 10-2-2019]
The Project Labor Agreements shall contain the following terms
pursuant to this Section and in accordance with N.J.S.A. 52:38-1 et
seq. (P.L. 2202, C.44):
a.
1. A guarantee that there will be no strikes, lock-outs or other similar
actions.
2. Set forth effective, immediate and mutually binding procedures for
resolving jurisdictional and labor disputes arising before the completion
of the work.
3. A provision to bind all contractors, and subcontractors on the project
in all relevant documents, including bid specifications.
4. Evidence that each contractor and subcontractor working on the project
has an Apprenticeship Program.
5. A requirement that 20% of the labor hours required shall be performed
by Apprentices and that 100% of the Apprentices shall be Newark residents.
However, if the Labor Organization can demonstrate that it made good
faith efforts to increase enrollment of Newark residents in their
apprenticeship programs, but that despite those good faith efforts
that fulfilling this requirement is not possible because there are
not enough Apprentices available, the required percentages of Apprentices
will be decreased accordingly. Upon written request of the City, the
Labor Organization will provide the City with a list of all Newark
residents enrolled in their apprenticeship programs.
6. Conformity with all statutes, regulations, executive orders and applicable
City ordinances regarding the implementation of affirmative action
requirements for women and minority owned businesses, the obligation
to comply with which shall be expressly provided for in the Project
Labor Agreement.
7. State that contractors and subcontractors need not be a party to
a Labor Agreement with the applicable labor organization other than
for the project covered by the Project Labor Agreement.
8. If applicable, require that each contractor agree to be monitored
by a New Jersey State and Federal agency to ensure that minorities,
women or economically disadvantaged persons are afforded the opportunities
to participate in apprenticeship programs, which result in the placement
of apprentices on the project.
9. State that any and all Newark residents, who are already in any signatory
union or an apprenticeship program, shall be referred to contractors
or subcontractors who request them.
10.
Include a publicly available plan regarding the shares of employment
and apprenticeship positions in the Public Works Project or Redevelopment
Project for minority group members and women, which is in full conformance
with the requirements of all applicable statutes, regulations, executive
orders and local ordinances and is mutually agreed upon by the participating
labor organizations and the City or the Developer, which will own
the facilities, which are built, altered or repaired, provided that
any shares mutually agreed upon pursuant to this Subsection shall
equal or exceed the requirements of other statutes, regulations, executive
orders or local ordinances.
11.
Require the contract to provide whatever resources may be needed
to prepare for apprenticeship a number of women and minority members
sufficient to enable compliance with the plan agreed upon pursuant
to paragraph j of this Section and provide that the use of those resources
be administered jointly by the participating labor organizations and
the City, or the developer or the community-based organizations selected
by the City or the Developer.
12.
Require the City to monitor, or arrange to have a State agency
monitor, the amount and share of work done on the project by minority
group members and women and the progression of minority group members
and women into apprentice and journey worker positions and require
the City to make public, or have the State agency make public, all
records of monitoring conducted pursuant to this Subsection.
13.
Include demolition and hazardous materials abatement work.
b. A requirement that Developers and Labor Organizations complete the
following "Preconstruction Actions":
1. Preconstruction Meeting: Not less than 90 days prior to the commencement
of construction, the developer will meet with the Business Administrator
and/or his designee 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 will provide the construction
schedule. The Labor Organization will present the Developer and the
City with the projected availability and trades of eligible Apprentices,
who are projected to be available to work on the project.
2. Advertisement: Not less than 60 days prior to the commencement of
construction, the Labor Organization will advertise in two newspapers
regularly published and distributed in Newark and outreach via other
media, such as cable television, the web, and/or radio. The advertisement
will solicit apprenticeship applications for the Labor Organization's
Apprenticeship Program, describe the basic requirements for admission,
describe the job training and set for the range of salaries.
3. Job Fairs: The Developer and the Labor Organization will jointly
participate in at least two job fairs to be held at a location to
be provided by the City in order to explain the Apprenticeship Programs
and solicit applications from attendees. Each participating Developer
shall pay a pro rata share of the costs of each job fair.
c. A requirement for Local/Minority Hiring Goals providing that for
each contractor or subcontractor performing work on a Covered Project,
the Project Labor Agreement shall provide that at least 30% of all
project work hours will be performed by Newark residents and at least
30% of all project work hours will be performed by minorities and/or
women. A contractor shall not be subject to enforcement actions for
violations of this Section if that Contractor can demonstrate that
it made Good Faith Efforts to comply. For the purpose of this Section,
Good Faith Efforts for a developer shall at a minimum include compliance
with the following:
1. Entry into a PLA and obtaining Letters of Assent from each Contractor/Subcontractor.
2. Convene pre-bid and pre-construction meetings to educate construction
managers and subcontractors about the Local/Minority Hiring Goals.
3. Cooperate with City Representative. The Contractor shall cooperate
with a City representative designated by the City. The City Representative
shall provide services in support of the Contractor's Local Minority
Hiring Goals. Among other things, the City representative will:
(a)
Establish a point of contact to provide information about available
job opportunities;
(b)
Develop and maintain an up-to-date list of qualified Local Residents
by trade and confirm local residency;
(c)
Assist Contractors with reporting by working with Contractors
and the City where appropriate;
4. Regularly contacting and documenting of contact with City Representative,
and providing certified payroll and other records on a regular basis
to the City Representative;
5. Use and documenting use of City-approved Craft Request Forms sent
to both unions and City Representative. Craft Request Form means a
document through which contractors shall request workers from Unions;
6. Requesting local, minority and women hires from union hiring halls;
7. Documenting reasons for not hiring referred candidates from target
populations, if applicable;
8. Allowing City Representative prompt and willing access to documentation
of all of the above activities and to the work site if requested.
[Ord. 6PSF-C, 10-3-2012 § 4; Ord. 6PSF-F, 10-2-2019]
The Project Labor Agreement shall require the submission of
the following reports to the Business Administrator on the 15th day
of each month for the previous month, for each year of construction
until Project Completion.
a. Manning Report: The Developer's report will accurately reflect the
total hours in each construction trade or craft, and will list separately
the work hours performed by City residents, including a list of minority
resident and women resident workers in each trade or craft, by such
employees of the Contractor and each of its Subcontractors during
the previous quarter.
b. Certified Payroll Report. The Developer's report that will specify
the residence, gender and ethnic/racial origin of each worker, work
hours and the rate of pay and benefits provided.
c. Equal Employment Opportunity Reports. The Labor Organization's Local
Union Report (EEO-3) and Apprenticeship Information Report (EEO-2),
which are required to be filed with the U.S. Commission of Equal Employment
Opportunity Commission by the Labor Organization.
d. Apprenticeship Report. The Report of the Labor Organization that
shall list the names, addresses and contact information of all persons
who were accepted into the Apprenticeship Program. The report shall
also list the names, addresses and contact information of all persons
who were rejected for admission, with the reasons for their rejection
and, for those who failed to finish the program, the reasons why they
failed to complete the program.
e. Other reports. The Developer or Labor Organization shall furnish
such 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 the
Section.
f. 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 notices.
g. Site Access. Representatives of the City shall be permitted to have
appropriate access to all work sites and to all applicable records
in order to monitor compliance with the provisions of this Section.
[Ord. 6PSF-C, 10-3-2012 § 5; Ord. 6PSF-F, 10-2-2019]
a. In the event of default, the Developer shall be provided with a written
notice of default allowing the Developer 10 days to cure the default.
Should the Developer fail to cure, then in addition to any other remedies
available at law or in equity including termination, the City shall
be permitted to seek the following remedies for the failure to comply
with this ordinance, which remedies shall also be included in the
Project Labor Agreement.
1. Suspending or terminating the contract, grant, subsidy agreement
or tax abatement agreement in question.
2. For public construction projects, debarring the Developer, Contractor
or Subcontractor from eligibility for future City contracts.
3. Such other remedies available at law or in equity.
[Ord. 6PSF-C, 10-3-2012 § 6; Ord. 6PSF-F, 10-2-2019]
a. Inter-Agency Cooperation. The City and the Labor Organization will
solicit the support of the Newark Board of Education, the Essex County
Community College, the Essex County Vo-Tech School, the Newark Housing
Authority and other community-based organizations to maximize participation
in the apprenticeship program among eligible City residents.
b. Preparatory Services. The City and the Labor Organization shall be
responsible for the development of a program to provide all necessary
preparatory services for enrolled preapprentices, including assistance
with GED preparation, obtaining driver licenses, 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.
c. Mentoring. The City shall have the right to supervise pre-apprenticeship
programs that may be operated by labor organizations sponsoring apprenticeship
programs and shall retain authority to review and approve the curriculum
and procedures used to recruit and select participants.
[Ord. 6PSF-C, 10-3-2012 § 7; Ord. 6PSF-F, 10-2-2019]
a. The City shall include language in all financial agreements or other
documents approved by the Municipal Council providing a tax abatement
requiring compliance with this section.
b. Any advertisement for a public works project published 60 days or
more following the effective date of this section shall contain provisions
conditioning the award of any contract on compliance with this section.
c. Any tax abatement where the tax abatement application is filed after
the effective date of this section shall be subject to compliance
with this section, if applicable.
[Ord. 6PSF-C, 10-17-2012; Ord. 6 PSF-A, 9-16-2015]
a. Definitions.
1. For purposes of this section, the term INSURANCE — Shall include
the purchase of insurance coverage, alternatives to insurance such
as self-insurance programs, as well as, participation in a joint self-insurance
fund, risk management program or related services provided by a contracting
unit insurance group, or participation in an insurance fund established
by a local unit pursuant to N.J.S.A. 40A:10-6, or a joint insurance
fund established pursuant to N.J.S.A. 40A:10-36 et seq.
2. INSURANCE CONSULTING SERVICES — Shall include all services
associated with procuring, evaluating and administering insurance,
including, but not limited to brokerage, risk management or administrative
services, and claims processing or administration services, including
such services provided by a contracting unit insurance group, or an
insurance fund established by a local unit pursuant to N.J.S.A. 40A:10-6,
or a joint insurance fund established pursuant to N.J.S.A. 40A:10-36
et seq.
b. Prior to entering into any contract to obtain insurance or insurance
consulting services, the City of Newark, through the Department of
Administration, in a process administered by the Purchasing Agent,
legal counsel or another administrator of the Department of Administration,
pursuant to N.J.S.A. 40:11-4.3(b), shall secure full and open competition
among insurers, and insurance consulting service providers. The City
of Newark is hereby authorized, and directed, to use the competitive
contracting process set forth in N.J.S.A. 40A:11-4.3, -4.4 and -4.5,
to secure such competition, except to the extent this section requires
additional measures to better ensure maximum competition and fairness
to all interested parties. Notwithstanding anything to the contrary
herein, in accordance with N.J.S.A. 40A:11-4.3(a), each time such
services are desired to be contracted, the Municipal Council shall
pass a resolution authorizing the use of the competitive contracting
process.
c. This open competition shall provide that at least 60, but not more
than 120 days prior to the contract commencement date, the City of
Newark shall advertise in the newspapers authorized to print legal
notices for the municipality, and in a newspaper circulated in at
least five counties in the State, and on the City of Newark's website,
a "Request for Proposals" to provide insurance and insurance consulting
services. The notice shall advise the reader that details of the City
of Newark's insurance requirements are available from the Director
of Personnel on request and shall include the phone number of Director
of Personnel.
d. The request for proposals shall be designed and drafted by the appropriate
Administrator or Manager, or his or her designee, and shall include
all of the requirements deemed appropriate and necessary to allow
for full and free competition between vendors; information necessary
for potential vendors to submit a proposal; and a methodology by which
the contracting unit will evaluate and rank proposals received from
vendors; and shall set forth such detailed information as may be required
for all proposers to understand and possess equal information concerning
the City of Newark's insurance or insurance consulting services needs,
including the current terms of, and fees or premiums paid for, such
coverages or services, current coverages, loss experience and anticipated
or desirable needs with respect to the relevant coverages or services
sought. All request for proposal information, including claims, expense
and loss data, shall be made available to all proposers in both written
and electronic format.
e. At no time during the proposal solicitation process shall any official
or employee of the City of Newark, or any officer, employee or representative
of any provider of insurance consulting services to the City of Newark
convey information, including price, to any potential proposer, which
could confer an unfair advantage upon that proposer over any other
potential proposer.
f. A provider of insurance consulting services to the City of Newark
shall be compensated for its services to or on behalf of the City
of Newark solely by the City of Newark. Compensation shall be set
on a fixed fee or hourly basis, or on such other common and readily
comparable basis applicable to all proposers and set forth in the
request for proposal documents, provided that compensation shall not
be determined as a percentage of premium costs.
g. No provider of insurance or of insurance consulting services to the
City of Newark shall pay to any insurance consulting service provider
to the City of Newark, or to any other third party, any form of compensation,
including, but not limited to commissions, fees, incentives, bonuses,
rebates or any other thing of value in consideration of obtaining
the City of Newark's insurance or insurance consulting business.
h. No provider of insurance consulting services to the City of Newark
shall accept any form of compensation, including, but not limited
to commissions, fees, incentives, bonuses, rebates or any other thing
of value, from any provider of insurance, other insurance service
provider, or any other third party, in consideration of obtaining
or servicing the City of Newark's insurance or insurance consulting
business.
i. Any person or entity proposing to provide insurance or insurance
consulting services to the City of Newark shall certify in its proposal
that it shall neither pay nor accept any form of compensation, including,
but not limited to commissions, fees, incentives, bonuses, rebates
or any other thing of value, in consideration of obtaining or servicing
the City of Newark's insurance or insurance consulting business from
any party other than the City of Newark.
j. Any person or entity selected to provide insurance or insurance consulting
services to the City of Newark shall certify at least annually and
prior to any renewal of its contract, that is has not paid nor accepted
any form of compensation, including, but not limited to commissions,
fees, incentives, bonuses, rebates or any other thing of value, in
consideration of obtaining or servicing the City of Newark's insurance
or insurance consulting business from any party other than the City
of Newark.
k. Any provider of insurance consulting service that assists the City
of Newark in soliciting, evaluating, or selecting any provider of
insurance or other insurance consulting services to the City of Newark
shall disclose to the City of Newark the aggregate compensation, including,
but not limited to commissions, fees, incentives, bonuses, rebates
or any other thing of value, it has received in each of the prior
three years from each provider of insurance or insurance consulting
services solicited or evaluated by the City of Newark. Such disclosure
shall be made as soon as practicable, but in no event later than the
date of the evaluation report recommending an award by the Governing
Body.
l. The request for proposals for any insurance or insurance consulting
services for the City of Newark shall clearly establish the compensation
restrictions and the certification and disclosure requirements established
by this section as mandatory, material terms, and thus non-waivable,
the violation of which shall be grounds for (i) rejecting a response
to a request for proposal as not a response at all and therefore disqualifying
it from award of a contract; (ii) terminating any contract resulting
therefrom, and (iii) requiring the insurer or insurance service provider
to disgorge to the public entity any compensation, including, but
not limited to commission fees, incentives, bonuses, rebates or any
other thing of value, paid or received in violation of this section,
and/or a commensurate reduction in premiums to be paid by the public
entity for the affected coverage(s) in the future.
m. In the event that the City of Newark shall deem it appropriate to
place insurance coverage with an insurance coverage provider, without
need of a broker and/or insurance consultant through a solicitation
of quotations for insurance coverage, the Administrator or Manager
or his designee shall obtain at least three quotations, one of which
shall be from a joint insurance fund, and with respect to health insurance,
to the State Health Benefits Plan (SHBP) shall not determine if the
SHBP and/or joint insurance fund can provide the same or similar coverage
and at what cost.
n. In the event, the City obtains the services of an insurance broker
through the competitive contracting process and in compliance with
all compensation and disclosure requirements set forth in this section,
the insurance broker or consultant may procure Insurance on the City's
behalf through the Insurance Exception to public bidding which exception
shall be in compliance with the requirements for extraordinary unspecifiable
services, N.J.S.A. 40A:11-5(m) and must comply with paragraphs d through
l and n of this section.
o. Whenever soliciting proposals for insurance coverage through the
competitive contracting process, or through the Insurance Exception
to public bidding, N.J.S.A. 40:11-5(m), the Business Administrator
or his designee, the insurance broker or consultant shall submit the
request for proposal to at least one joint insurance fund, and with
respect to health insurance, to the State Health Benefits Plan (SHBP).
[Ord. 6 PSF-E, 3-19-2014 § 1]
QUALIFIED SMALL BUSINESS ENTERPRISE
Shall mean a business, which has its principal place of business
in this State, is independently owned and operated and meets all other
qualifications as may be established pursuant to N.J.S.A. 52:27H.-21.1,
of seq.
QUALIFIED VETERAN BUSINESS ENTERPRISE
Shall mean a business, which has its principal place of business
in this State, is independently owned and operated, is at least 51%
owned and controlled by a veteran or that wherein at least 25% of
the required workforce for the contract are veterans, including new
hires, if additional workers are required to perform the contract,
and is qualified pursuant to Section 25 of P.L. 1971, c.198 (N.J.S.A.
40A:11-25). The business shall also submit forms quarterly to the
City of Newark showing proof of veteran status for all of the veteran
employees.
SET-ASIDE CONTRACTS
Shall mean (1) a contract for goods, equipment, construction,
or services, which is designated as a contract for which bids are
invited and accepted only from qualified small business enterprises
and/or qualified veteran business enterprises, as determined by the
Division of Central Purchasing of the City of Newark within the Department
of Administration or any other City of Newark Department responsible
for its own procurement; and (2) a portion of a contract when that
portion has been so designated; and or (3) any other purchase or procurement
so designated.
VETERAN
Shall have the same meaning as set forth in Subsection b
of N.J.S.A. 11A:5-1, except that the veteran shall present to the
Adjutant General of the Department of Military and Veterans' Affairs
sufficient evidence of a record of service and receive a determination
of status, no later than the date established for the submission of
bids.
[Ord. 6PSF-E, 3-19-2014 § 2]
a. The Municipal Council hereby establishes as a goal, that 10% of all
City of Newark contracts be collectively awarded to Qualified Small
Business Enterprises and Qualified Veteran Business Enterprises.
b. In order to attain the goal, the Division of Central Purchasing (and/or
any City of Newark department responsible for its own procurement)
shall identify entire contracts or portions of contracts to be contracted
or subcontracted to such Qualified Small Business Enterprises and/or
Qualified Veteran Business Enterprises. The Division of Central Purchasing
(and/or any City of Newark department responsible for its own procurement)
shall make a good faith effort to attain the goal and may consider,
in doing so, to consider procuring contracts less than $100,000 in
whole or in part as such set-aside contracts. This dollar value is
not to be considered a floor or a ceiling with regard to considering
whether to designate a contract as a set-aside contract.
c. A set-aside designation for the procurement of goods, services, equipment
or construction, shall be made in advance of the procurement and only
where the Division of Central Purchasing (and/or any City of Newark
department responsible for its own procurement) is likely to receive
bids or proposals from at least two Qualified Small Business Enterprises
or Qualified Veteran Business Enterprises. All advertisements for
bids shall be published on the Newark Municipal web-site and in at
least one newspaper, which will best provide notice thereof to such
business enterprises.
d. The Department of Administration shall be responsible for monitoring
and reporting to the Municipal Council whether the stated goals have
been attained.
[Ord. 6 PSF-E, 3-19-2014 § 3]
a. If the Division of Central Purchasing (and/or any City of Newark
department responsible for its own procurement) determines that two
bids cannot be obtained, the designation may be withdrawn and resolicit
bids on an unrestricted basis.
b. If the Division of Central Purchasing (and/or any City of Newark
department responsible for its own procurement) determines that the
acceptance of the lowest responsible bid will result in the payment
of an unreasonable price, the bids shall be rejected and the designation
withdrawn. Qualified Small Business Enterprises and Qualified Veteran
Business Enterprises, as appropriate, shall be notified in writing
of the set-aside cancellation, the reasons for the rejection and the
Division of Central Purchasing's (and/or any City of Newark department
responsible for its own procurement) intent to resolicit bids on an
unrestricted basis.
[Ord. 6 PSF-E, 3-19-2014 § 4]
a. In accordance with N.J.S.A. 40A:11-47, if the Division of Central
Purchasing (and/or any City of Newark department responsible for its
own procurement) determines that a business has been classified as
a Qualified Small Business Enterprise or Qualified Veteran Business
Enterprise on the basis of false information knowingly supplied by
the business and has been awarded a contract to which it would not
otherwise have been entitled, the Governing Body shall have the authority
to:
1. Assess against the business any difference between the contract and
what the Governing Body's cost would have been if the contract had
not been awarded in accordance with the provisions of this section
and the authorizing statute;
2. In addition to the amount due under paragraph a,1, assess against
the business a penalty in an amount of not more than 10% of the amount
of the contract involved; and
3. Order the ineligible business to not transact any business with the
City of Newark, its Division of Central Purchasing (and/or any City
of Newark department responsible for its own procurement) for a period
to be determined by the Municipal Council, upon recommendation of
the Purchasing Agent of the Division of Central Purchasing (and/or
the Director of any City of Newark department responsible for its
own procurement).
b. Prior to any final determination of the penalties in subsection
2:4-22F.4a, the Municipal Council shall afford the business an opportunity for a hearing before the Purchasing Agent of the Division of Central Purchasing (and/or the Director of any City of Newark department responsible for its own procurement) on the reasons for the imposition of the penalties set forth herein. The penalties shall be assessed, upon the recommendation of the Director of the Division of Central Purchasing (and/or the Director of any City of Newark department responsible for its own procurement), by the Municipal Council, in accordance with N.J.S.A. 40A:11-47.
[Ord. 6 PSF-B, 8-5-2015]
a. Definition:
CITY-APPROVED TRAINING PROGRAM
Shall mean a training program that has been approved by a
designated City agency that:
1.
Maintains an open-enrollment policy for new trainees, subject
only to budget and space limitations.
2.
Does not require trainees to find employment as a condition
of participating in training.
3.
Recruits applicants from low-income neighborhoods with a preference
given to those that live near the location of a Residential Project.
4.
Offers mentoring and support to ensure retention of participants
in the training program and in residential construction careers.
5.
Demonstrates a track record of graduating and placing trainees
from underrepresented communities in career-track residential construction
jobs.
6.
Provides at least 400 hours of classroom training prior to graduation,
including health and safety training, as well as training to recognize
hazardous material such as asbestos, mold and lead.
b. The City of Newark regularly gives financial assistance on Residential
Projects (new construction and renovation projects) in the City of
Newark, including subsidies in the form of tax abatements, donation
of property, and tax credits. Each contractor working on such Residential
Projects shall demonstrate good faith efforts to meet the following
requirements:
1. Pay a living wage of at least $25 an hour to all employees.
2. Take affirmative steps to the greatest extent feasible to ensure
that at least 50% of work hours on any Residential Project will be
performed by individuals who graduated from a City-Approved Training
Program in the past two years.
3. Certify that the contractor is not subject to any contractual or
regulatory barriers to meeting the 50% work-hours requirement.
[Ord. 6PSF-F(S), 8-20-2019; amended 9-16-2020 by Ord. No. 6PSF-B, 09-16-2020]
a. Program Established; Applications; Eligibility; Disbursement of Grant.
1. Establishment. The City's Office of Sustainability under the direction
of the Business Administrator is hereby authorized to establish and
administer a Love Your Block Mini-Grants Program in order to reimburse
up to $5,000 for eligible projects, as defined in this Section, pursuant
to the minimum requirements set forth herein. The recipient shall
not be reimbursed for any eligible project associated with any project
work exceeding $5,000. Modification of these minimum requirements
may only be made by the Municipal Council.
2. Purpose. The purpose of these grant funds shall be used to enable
individuals, resident groups and/or community-based organizations
to partner with City agencies to beautify and revitalize neighborhoods
through projects that prevent and eliminate blight, including but
not limited to projects that: reduce litter, or improve recycling
and waste management throughout the City of Newark; repurpose underutilized
properties and parcels to increase community benefits surrounding
underused and vacant buildings and lots; and/or create a sense of
pride of ownership around residential facilities, City-owned parks
and open spaces, and other areas of community significance.
3. Application for Funding. The City shall make Love Your Block Mini-Grants
Program funds available to eligible individuals, resident groups and/or
community-based organizations who apply for them by the following:
(a)
A response to a formal Request for Proposal issued by the City
of Newark, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1,
et seq. Applicant(s) are encouraged to submit proposals designed to
beautify and revitalize neighborhoods through projects that prevent
and eliminate blight. All proposals for the Love Your Block Mini-Grants
Program shall be subject to review, approval and comment by the Business
Administrator and/or his designee; OR
(b)
If funding for the program is at or below the Qualified Purchasing
Agents threshold, the City may issue an advertisement for Application,
the Application must be submitted with a proposal(s) to beautify and
revitalize neighborhoods through projects that prevent and eliminate
blight. All applications for the Love Your Block Mini-Grants Program
shall be subject to review, approval and comment by the Business Administrator
and/or his designee.
4. Definitions. Unless specified otherwise herein, the following terms
shall have the designated meanings throughout this section:
APPLICANT
Generally, shall mean individuals, resident groups and/or
community-based organizations who apply for a grant under the Love
Your Block Mini-Grants Program.
DEPARTMENT
Shall mean the City of Newark's Office of the Business Administrator.
GRANT ADMINISTRATOR(S)
Shall mean the Business Administrator or the designee(s)
of the Business Administrator who shall, inter alia, generally administer
the Love Your Block Mini-Grants Program and shall be the primary City
contact for Applicants.
INDIVIDUAL
Shall refer to one person or more than one person if the
persons are applying for a grant under the Love Your Block Mini-Grant
Program together, except as otherwise expressly stated herein.
5. No Discrimination. Applications for the Love Your Block Mini-Grants
Program shall be processed without regard to age, color, creed, marital
status, national origin, sexual orientation, gender identity, political
party affiliation, race or sex of the applicant(s).
6. Eligibility Limitations. Individuals, resident groups and/or community-based
organizations may only submit one Application in response to a formal
Request for Proposal or Advertised Application Process issued by the
City of Newark for grant funding under the Love Your Block Mini-Grants
Program. Individuals, resident groups and/or community-based organizations
who meet the following criteria shall be eligible to receive a Love
Your Block Mini-Grant, subject to the terms and conditions set forth
in this Ordinance:
(a)
Applications for proposed projects must not exceed the funding
maximum of $5,000 per project.
(b)
Proposed projects must take place within City of Newark boundaries.
(c)
Proposed projects must be volunteer-led, including a minimum
of six City of Newark residents that have agreed to volunteer to help
implement the proposed project.
(d)
Applications must align with the core Purpose of the Love Your
Block Mini-Grants Program, namely, to prevent and eliminate blight.
(e)
Proposed projects must meet the program purpose and objectives,
including criteria such as supporting neighborhood goals, have community
benefit, community involvement, public improvements enhancement, visibility
of improvement, etc.
(f)
Proposed projects should be considerate of neighborhood character
and adhere to City of Newark goals and objectives including those
articulated in the Newark Forward report, the City of Newark Sustainability
Action Plan, the City of Newark Master Plan, and neighborhood redevelopment
plans.
7. Eligible Projects. The following is a list of projects that helps
address public health, safety and quality of life concerns of the
City and that may be eligible for grant funding under the Love Your
Block Mini-Grants Program:
(a)
Any project that through clean up, beautifies or revitalizes
the community to eliminate blight including, but not limited to litter
and debris removal and prevention along residential streets, commercial
corridors, parks and open spaces, vacant lots, etc.
(b)
Any project that helps to improve the curb appeal of the neighborhoods
and commercial corridors, including but not limited to the removal
of overgrown vegetation and broken fencing, improvements to street
lighting, and block-wide beautification projects, etc.
(c)
Any project that helps to increase or improve the community's
use of existing and newly created green & open spaces including
but not limited to repurposing vacant lots to develop gardens, greening
barren areas with tree and flower plantings, and improvements in decor,
amenities and programming in existing underutilized green and open
spaces.
8. Ineligible Projects. The following is a list of projects that are
not eligible for grant funding under the Love Your Block Mini-Grants
Program:
(a)
Projects that do not provide a public benefit and/or are not
visible to the community.
(b)
Projects that do not comply with any State, or local laws or
regulations.
(c)
Projects on private property for the sole benefit of the property
owner.
(d)
Projects for which food and drink exceed 20% of the proposed
budget.
(e)
Projects requesting funding for salaries or operating expenses.
(f)
Projects that may result in a public safety hazard.
9. Approval of the Proposed Project. The Business Administrator or his
designee shall review all proposals or applications submitted under
the Love Your Block Mini-Grants Program to determine eligibility for
the Love Your Block Mini-Grants Program and shall score each proposal
or application pursuant to the criteria set forth in the City-issued
Request for Proposal or Advertised Application Process. The Business
Administrator or his designee has the right to reject any Proposal
or Application and such rejection shall be final. The issuance of
any grant for an approved project shall be subject to the availability
of funding. Also, any project that has been approved is conditioned
upon receipt of required permits and approvals. Additionally, no payment
or reimbursement shall be made for any work that is conducted by an
Applicant(s) prior to the approval of the Love Your Block Mini-Grants
Program.
10. Access. The Business Administrator or his designee shall be granted
access to inspect an approved Project during its implementation and
upon completion, prior to any disbursement of grant funding. In the
event that the Business Administrator or his designee is denied reasonable
access to conduct the inspections herein no disbursement under the
Love Your Block Mini-Grants Program shall be made.
11. Implementation of the Love Your Block Mini-Grant Project. All work
performed in connection with the Love Your Block Mini-Grant Project
shall be undertaken in accordance with, and shall not deviate from
the Applicant's Proposal or Application which was approved by the
Business Administrator or his designee. Additionally, all such work
shall be implemented in full compliance with all applicable laws,
rules, regulations, and City Ordinances, as may be amended from time
to time. The Applicant who is awarded a Grant under the Love Your
Block Mini-Grants Program shall be responsible for obtaining any permits
which are required to carry out their Project. In no way shall approval
by the Business Administrator or his designee of a Love Your Block
Mini-Grant Proposal or Application substitute for appropriate approval
by any City Agencies for any permits that may be required. The Love
Your Block Mini-Grant Project shall be fully implemented within three
months following the award of a Love Your Block Mini-Grant.
12. Disbursement of a Love Your Block Neighborhood Beautification Mini-Grant.
In order to obtain a disbursement of the Love Your Block Mini-Grant
in any amount, which shall be subject to the availability of funding,
the successful Applicant shall submit a written request for payment
to the Business Administrator or his designee together with any supporting
documentation as the Business Administrator or his designee may require,
including but not limited to receipts and photos of completed work.
All disbursements of Love Your Block Mini-Grants shall be subject
to approval of any work for which any disbursement is sought by the
Business Administrator or his designee.
13. Inspection of the Love Your Block Mini-Grants Project. Except as
otherwise provided herein, as a condition precedent to the disbursement
of the Love Your Block Mini-Grant, the Project and any work undertaken
in connection with same, shall be inspected and approved by the Business
Administrator or his designee. The Business Administrator or his designee
also has the right to reject, in whole or in part, any request for
a project cost disbursement for work performed that is not consistent
with Applicant's Proposal or Application.
14. Program Development and Administration. The Business Administrator
or his designee is hereby authorized to develop additional procedures
and program guidelines consistent with this Ordinance as may be necessary
to implement and administer the Love Your Block Mini-Grants Program
as set forth herein.
15. Authorization to Enter into Agreements and Execute Documents. The
Business Administrator is hereby authorized to enter into such agreements
and execute such documents, including but not limited to the Grant
Documents, as may be necessary and appropriate to accomplish the purpose
of this Ordinance.
16. Annual Report to Municipal Council. The Business Administrator shall
provide the Municipal Council with an annual report identifying: a)
the number of Grant Agreements entered into during the preceding year;
b) the names and addresses of the individuals, resident groups and/or
community-based organizations who have received a grant under the
Love Your Block Mini-Grants Program during the preceding year together
with the amounts of the respective grants; and c) any additional information
as may be requested by the Municipal Council.
17. Compliance with All Applicable Laws. The Love Your Block Mini-Grants
Program shall be administered in accordance and full compliance with
all applicable federal, state and local laws, rules and regulations,
including but not limited to, the Local Government Ethics Law, N.J.S.A.
40A:9-22.1, et seq.
18. Release of the City. Grant Recipients shall fully and forever expressly
release the City from any and all claims or actions it may have or
allege to have against the City arising out of or in relation to the
Love Your Block Mini-Grants Program or any project implemented in
connection therewith, as may be applicable.
19. Hold Harmless and Indemnification of the City. Each Grant Recipient
shall, at its sole cost and expense, indemnify, defend and satisfy
all judgments, and hold the City, its officers, employees, agents,
servants and representatives, harmless from and against any and all
claims, actions judgments, costs, penalties, liabilities, damages,
losses and expenses arising out of or resulting from the Love Your
Block Mini-Grants Program or any project implemented in connection
therewith, as may be applicable.
20. All contracts approved pursuant to the Request For Proposal process
under Paragraph a3(a) above must be approved by Municipal Council.
[Added 10-5-2022 by Ord.
No. 6PSF-A, 10-05-2022]
As used in this section:
RESPONSIBLE PARTY
Means an individual who is an officer, shareholder, member,
manager, partner or other person authorized by the entity to make
day-to-day decisions relating to its business affairs, who has or
will benefit, directly or indirectly, from the entity's receipt.
[Added 10-5-2022 by Ord.
No. 6PSF-A, 10-05-2022]
The City of Newark has a significant interest in ensuring business
entities that enter into agreement(s) for financial incentive and/or
compensatory benefit(s) with the City have designated a responsible
individual (herein referred to as "Responsible Party") to ensure compliance
with all local regulations and ordinances. Duties of the Responsible
Party will also include, but are not limited to receiving service
of process for fines, warrants, in addition to being personally held
liable for any fine that is assessed, or any jail time that is imposed.
[Added 10-5-2022 by Ord.
No. 6PSF-A, 10-05-2022]
a. Designation of a Responsible Party shall apply to any City contract
or agreement in which a business entity receives a financial incentive
or compensatory benefits.
b. Any agreement or contract which involves the entity receiving a financial
incentive and/or compensatory benefits (i.e. agreement including,
but not limited to Redevelopment Agreements, Redevelopment Area Bonds,
and Long Term Tax Exemption) shall include a provision requiring business
entities to designate a Responsible Party.
c. The Responsible Party shall be an individual that is either an officer,
shareholder, member, manager, partner or other person authorized by
the business entity to make day-to-day decisions relating to its business
affairs who has or will benefit, directly or indirectly, for purposes
of: (i) receiving service of process for any notice of breach, default
or a violation of any of the provisions of the agreement; and (ii)
being jointly and severally liable with the entity for the payment
of any fines, penalties, costs or other assessments imposed by the
City for such breach, default or a violation of any of the provisions
of the agreement.
d. A Responsible Party designation is not required for contracts or
agreement procured under N.J.S.A. 40A:11-1 et al seq., Local Public
Contracts Law.