City of Newark, NJ Article 2 Contracts With the City

§ 2:4-11 STIPULATIONS AS TO PREVAILING WAGES AND WORK CONDITIONS. [1]

[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.

[1] Editor's Note: For State Statute providing for "prevailing wage rate" in public contracts, see N.J.S. 34:11-56.25 et seq.

§ 2:4-11.1 Purchase, Lease, Rent of Goods or Goods Taken Under Consignment Produced Under Sweatshop Conditions Prohibited.

[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.

§ 2:4-11.2 Bid Specifications; Minimum Hourly Pay and Benefits for Full-Time Contractor Employees.

[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.

§ 2:4-12 INTEREST OF CITY OFFICIALS AND EMPLOYEES IN CITY CONTRACTS OR JOBS FORBIDDEN. [1]

[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.

[1] Editor's Note: For State Statute providing that members of governing bodies shall not be interested in public contracts, see N.J.S. 2A:135-8. For State Statute prohibiting officers and employees from having interest in contracts and jobs for work or materials, see N.J.S. 40:69A-163.

§ 2:4-13 PROHIBITING THE PERFORMING OF NOTARY PUBLIC FUNCTION BY CITY EMPLOYEES DURING WORKING HOURS.

[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.

§ 2:4-14 SURETY AGREEMENTS. [1]

[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.

[1] Editor's Note: For State Statute prohibiting members of the governing body from becoming sureties, see N.J.S. 2A:135-8.

§ 2:4-15 PENALTY FOR VIOLATION OF SECTIONS 2:4-12 AND 2:4-14.

[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.

§ 2:4-16 PREREQUISITE FOR LEASING PRIVATE SPACE.

[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.

§ 2:4-17 CRIMINAL CONVICTION TO SERVE AS GROUNDS FOR DISQUALIFICATION FROM AWARD OF CONTRACT.

[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.

§ 2:4-18 REQUIRING THE SUBMISSION TO THE MUNICIPAL COUNCIL OF AN EVALUATION REPORT ON ANY GRANT PROGRAM PRIOR TO THE RENEWAL OF THE GRANT AWARD.

[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.

§ 2:4-19 REQUIRING THE FILING OF FISCAL DOCUMENTS BY NONPROFIT ORGANIZATIONS. [1]

[1] Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 6 S+FY, 10-2-1985; Ord. 6 S+FE, 2-19-1986.

§ 2:4-19.1 Purpose.

[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.

§ 2:4-19.2 Definitions.

[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.

§ 2:4-19.3 Fiscal Documents Required When Monies or Services are Awarded and/or Received.

[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.

§ 2:4-20 HIRING OF NEWARK RESIDENTS BY CONTRACTORS OR OTHER PERSONS DOING BUSINESS WITH THE CITY OF NEWARK.

[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.

§ 2:4-21 NEWARK RESIDENTS' EMPLOYMENT POLICY.

§ 2:4-21.1 Declaration of Public Policy.

[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.

§ 2:4-21.2 Contractors' Best Efforts.

[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.

§ 2:4-21.3 Developers' Best Efforts.

[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.

§ 2:4-21.4 Affirmative Action Review Council - Enforcement and Monitoring.

[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.

§ 2:4-21.5 Local Vendor Preference. [1]

[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.

[1] Editor's Note: Ordinance No. 6 PSF-H, 11-4-2010 was voted by Mayor on November 18, 2010 together with statement setting forth his objection as ordinance violates the Local Public Contract Law, N.J.S.A. 40A11-1 et seq. The veto was overridden and the ordinance readopted as Ordinance No. 6 SF-E, 11-22-2010 and is codified herein.

§ 2:4-21.6 Vendor Registration. [1]

[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.

[1] Editor's Note: Ordinance No. PSF-F, 7-7-2011 was vetoed by Mayor on July 18, 2011 together with statement setting forth his objection as ordinance may create allegations of violations of the Local Public Contract Law, N.J.S.A. 40A11-1 et seq. The veto was overridden and the ordinance readopted as Ordinance No. 6 SF-A, 9-8-2011 and is codified herein.

§ 2:4-22 CERTIFICATION OF NO OUTSTANDING MUNICIPAL CHARGES BY SUB GRANTEE RECIPIENTS.

[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.

§ 2:4-22A SERVICE CONTRACT WORKER RETENTION.

§ 2:4-22A.1 Transitional Employment Period.

[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.

§ 2:4-22A.2 Compliance.

[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.

§ 2:4-22B (RESERVED) [1]

[1] Editor's Note: Ord. No. 6PSF-B, 3-17-2021, repealed prior material regarding Pay-To-Play Policy: Redevelopment Agreements Under the Local Redevelopment and Housing Law, as adopted by Ord. No. 6PSF-A, 5-4-2011.

§ 2:4-22C CONTRACTOR PAY-TO-PLAY REFORM. [1]

[1] Editor's Note: Ord. No. 6PSF-D, 6-22-2021, repealed prior Section 2:4-22C which contained Ord. No. 6PSF-A, 8-1-2012 and Ord. No. 6PSF-B, 5-20-2020.

§ 2:4-22C.1 Adoption of State Pay-to-Play Regulations.

[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.

§ 2:4-22D REQUIRING APPRENTICESHIPS AND PROJECT LABOR AGREEMENTS ON CERTAIN PUBLIC CONSTRUCTION PROJECTS AND CONSTRUCTION PROJECTS FOR WHICH FINANCIAL INCENTIVES OR BENEFITS HAVE BEEN GRANTED ("PLA ORDINANCE").

§ 2:4-22D.1 Definitions.

[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).

§ 2:4-22D.2 Project Labor Agreements Required for Certain Projects.

[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.

§ 2:4-22D.3 General Requirements.

[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.

§ 2:4-22D.4 Reports and Records.

[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.

§ 2:4-22D.5 City Remedies.

[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.

§ 2:4-22D.6 Pre-Apprenticeship Training Program.

[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.

§ 2:4-22D.7 Implementation.

[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.

§ 2:4-22E PROCUREMENT OF INSURANCE BROKERAGE SERVICES THROUGH COMPETITIVE CONTRACTING PROCESSES.

[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).

§ 2:4-22F VETERAN AND SMALL BUSINESS SET-ASIDE PROGRAM.

§ 2:4-22F.1 Definitions.

[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.

§ 2:4-22F.2 Set-Aside Program Authorized.

[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.

§ 2:4-22F.3 Set-Aside Cancellation.

[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.

§ 2:4-22F.4 False Information; Penalties.

[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.

§ 2:4-22G CONTRACTORS RECEIVING FINANCIAL ASSISTANCE FROM THE CITY ON RESIDENTIAL CONSTRUCTION PROJECTS, REQUIRED TO HIRE WORKERS FROM CITY-APPROVED TRAINING PROGRAMS.

[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.

§ 2:4-22H LOVE YOUR BLOCK MINIGRANTS PROGRAM.

[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.

MUNICIPAL COUNCIL

Shall mean the Municipal Council of the City of Newark.

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.

§ 2:4-22I CONTRACTS; DESIGNATION OF RESPONSIBLE PARTY.

§ 2:4-22I.1 Definition.

[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.

§ 2:4-22I.2 Statement of Policy.

[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.

§ 2:4-22I.3 Applicability.

[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.