[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 9-2-1987 by Ord. No. V-122.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Department of Administration — See Ch. 4.
Administrative affairs — See Ch. 6.
Budget operations — See Ch. 16.
[1]
Editor's Note. This ordinance also repealed former Ch. 60,
Purchasing, adopted 8-17-1977 by Ord. No. C-84.
This chapter shall be known and may be cited as the "Purchasing
Ordinance of the City of Hoboken."
A.
The word "shall" is always mandatory and not directory.
B.
AMERICAN SOCIETY FOR TESTING AND MATERIALS
BIO-BASED PRODUCTS
BIODEGRADABLE PLASTIC
BIODEGRADABLE PRODUCTS INSTITUTE (BPI)
BUSINESS ADMINISTRATOR
CARPET AND RUG INSTITUTE (CRI)
CHLORINE-FREE
CITY
COMPOSTABLE PLASTIC
CONTRACTOR
CONTRACTUAL SERVICES
COUNCIL
DEGRADABLE PLASTIC
DIOXINS AND FURANS
ELECTRONIC PRODUCT ENVIRONMENTAL ASSESSMENT TOOL (EPEAT)
ENERGY EFFICIENT PRODUCT
ENERGY STAR
EXTRAORDINARY UNSPECIFIABLE SERVICES
FEDERAL ENERGY MANAGEMENT PROGRAM
FOREST STEWARDSHIP COUNCIL (FSC)
GREEN BUILDING PRACTICES
GREEN SEAL
INTEGRATED PEST MANAGEMENT (IPM)
LEED RATING SYSTEM
ORGANIC PEST MANAGEMENT
POSTCONSUMER MATERIAL
PRACTICAL and PRACTICABLE
PRECONSUMER MATERIAL
PROCUREMENT CARDS
PROFESSIONAL SERVICES
PURCHASE
PURCHASING AGENT
RECOVERED MATERIAL
RECYCLED CONTENT
RECYCLED CONTENT STANDARD
RECYCLED PRODUCT
REMANUFACTURED PRODUCT
REUSED PRODUCT
SOURCE REDUCTION
SUPPLIES
U.S. EPA GUIDELINES
USING AGENCY
WATER-SAVING PRODUCTS
For the purposes of this chapter, the following terms, phrases, words
and their derivatives shall have the meanings given herein:
ASTM International, an open forum for the development of
high quality, market relevant international standards use around the
globe.
[Added 5-17-2017 by Ord.
No. Z-493]
Commercial or industrial products (other than food or feed)
that utilize agricultural crops or residues but does not include products
made from forestry materials.
[Added 5-17-2017 by Ord.
No. Z-493]
The degradation of the plastic must occur as a result of
the action of naturally occurring microorganisms.
[Added 5-17-2017 by Ord.
No. Z-493]
A multi-stakeholder association of key individuals and groups
from government, industry and academia, which promotes the use, and
recycling of biodegradable polymeric materials (via composting). BPI
does not create standards but certifies products that demonstrate
they meet the requirements in ASTM D6400 or D6868, based on testing
in an approved laboratory.
[Added 5-17-2017 by Ord.
No. Z-493]
The Business Administrator of the City of Hoboken in the
County of Hudson.
The national trade association representing the carpet and
rug industry. CRI has developed and administered the "Green Label"
indoor air quality testing and labeling program for carpet, adhesives,
cushion materials and vacuum cleaners.
[Added 5-17-2017 by Ord.
No. Z-493]
Products processed without chlorine or chlorine derivatives.
[Added 5-17-2017 by Ord.
No. Z-493]
The City of Hoboken in the County of Hudson.
Plastic that is biodegradable during composting to yield
carbon dioxide, water and inorganic compounds and biomass, at a rate
consistent with other known compostable materials and leaves no visually
distinguishable or toxic residues.
[Added 5-17-2017 by Ord.
No. Z-493]
Any person, group of persons, business, consultant, designing
architect, association, partnership, corporation, supplier, vendor
or other entity that has a contract with the City or serves in a subcontracting
capacity with the City or with an entity having a contract with the
City for the provision of any goods or services.
[Added 5-17-2017 by Ord.
No. Z-493]
Includes all telephone, gas, water, electric light and power
service, repair or maintenance of equipment, machinery and other City-owned
personal and real property. The term shall not include professional
and other contractual services which are, by their nature, unique
and not subject to competition.
The Council of the City of Hoboken in the County of Hudson.
Plastic that undergoes significant changes in its chemical
structure under specific environmental conditions.
[Added 5-17-2017 by Ord.
No. Z-493]
A group of chemical compounds that are classified as persistent,
bioaccumulative, and toxic by the U.S. Environmental Protection Agency
(EPA).
[Added 5-17-2017 by Ord.
No. Z-493]
A procurement tool to help institutional purchasers in the
public and private sectors evaluate, compare and select desktop computers,
notebooks and monitors based on their environmental attributes.
[Added 5-17-2017 by Ord.
No. Z-493]
A product that is in the upper 25% of energy efficiency for
all similar products, or that is at least 10% more efficient than
the minimum level that meets federal standards and guidelines.
[Added 5-17-2017 by Ord.
No. Z-493]
The U.S. EPA's energy efficiency product labeling program.
[Added 5-17-2017 by Ord.
No. Z-493]
Services which are specialized and qualitative in nature
requiring expertise, extensive training and proven reputation in the
field of endeavor.
A program of the Department of Energy that issues a series
of product energy efficiency recommendations that identify recommended
efficiency levels for energy-using products.
[Added 5-17-2017 by Ord.
No. Z-493]
A global organization that certifies responsible, on-the-ground
forest management according to rigorous standards developed by a broad
variety of stakeholder groups.
[Added 5-17-2017 by Ord.
No. Z-493]
A whole-systems approach to the design, construction, and
operation of buildings and structures that helps mitigate the environmental,
economic, and social impacts of construction, demolition, and renovation.
Green building practices, such as those described in the LEED IM Rating
System, recognize the relationship between natural and built environments
and seeks to minimize the use of energy, water, and other natural
resources and provide a healthy productive environment.
[Added 5-17-2017 by Ord.
No. Z-493]
An independent, nonprofit environmental labeling organization.
Green Seal standards for products and services meet the US EPA's criteria
for third-party certifiers. The Green Seal is a registered certification
mark that may appear only on certified products.
[Added 5-17-2017 by Ord.
No. Z-493]
An ecosystem-based strategy that focuses on long-term prevention
of pests or their damage through a combination of techniques such
as biological control, habitat manipulation, modification of cultural
practices, and use of resistant varieties. Pesticides are used only
after monitoring indicates they are needed according to established
guidelines, and treatments are made with the goal of removing only
the target organism. Pest control materials are selected and applied
in a manner that minimizes risks to human health, beneficial and nontarget
organisms, and the environment.
[Added 5-17-2017 by Ord.
No. Z-493]
The most recent applicable version of the Leadership in Energy
and Environmental Design (LEED™) Rating System approved by the
US Green Building Council.
[Added 5-17-2017 by Ord.
No. Z-493]
Prohibits the use and application of toxic chemical pesticides
and strives to prevent pest problems through the application of natural,
organic horticultural and maintenance practices. All pest control
products shall be in keeping with, but not limited to, those products
on the approved list of New Jersey Certified Organic Foods (NJOF).
[Added 5-17-2017 by Ord.
No. Z-493]
A finished material which would normally be disposed of as
a solid waste, having reached its intended end-use and completed its
life cycle as a consumer item, and does not include manufacturing
or converting wastes.
[Added 5-17-2017 by Ord.
No. Z-493]
Whenever possible and compatible with local, state and federal
law, without reducing safety, quality, or effectiveness and where
the product or service is available at a reasonable cost in a reasonable
period of time.
[Added 5-17-2017 by Ord.
No. Z-493]
Material or by-products generated after manufacture of a
product is completed but before the product reaches the end-use consumer.
Preconsumer material does not include mill and manufacturing trim,
scrap or broke which is generated at a manufacturing site and commonly
reused on-site in the same or another manufacturing process.
[Added 5-17-2017 by Ord.
No. Z-493]
Payment of claims may be made by use of procurement cards
by authorized individuals and subject to guidelines and procedures
established in accordance with N.J.S.A. 40A:4-17 and N.J.A.C. 5:30-9A,
as may be amended.
[Added 4-6-2022 by Ord. No. B-451]
Services rendered or performed by a person authorized by
law to practice a recognized profession, whose practice is regulated
by law, and the performance of which services requires knowledge of
an advanced type in a field of learning acquired by a prolonged formal
course of specialized instruction and study as distinguished from
general academic instruction or apprenticeship and performance of
work that is original and creative in character in a recognized field
of artistic endeavor.
A transaction for a valuable consideration or acquiring an
interest in supplies, contractual services and property except real
property or any interest therein.
The Purchasing Agent of the City of Hoboken in the County
of Hudson.
[Amended 5-5-2010 by Ord. No. Z-37]
Fragments of products or finished products of a manufacturing
process, which has converted a resource into a commodity of real economic
value, and includes pre-consumer and postconsumer material but does
not include excess resources of the manufacturing process.
[Added 5-17-2017 by Ord.
No. Z-493]
The percentage of recovered material, including preconsumer
and postconsumer materials, in a product.
[Added 5-17-2017 by Ord.
No. Z-493]
The minimum level of recovered material and/or postconsumer
material necessary for products to qualify as "recycled products."
[Added 5-17-2017 by Ord.
No. Z-493]
A product that meets the City's recycled content policy objectives
for postconsumer and recovered material.
[Added 5-17-2017 by Ord.
No. Z-493]
Any product diverted from the supply of discarded materials
by refurbishing and marketing said product without substantial change
to its original form.
[Added 5-17-2017 by Ord.
No. Z-493]
Any product designed to be used many times for the same or
other purposes without additional processing except for specific requirements
such as cleaning, painting or minor repairs.
[Added 5-17-2017 by Ord.
No. Z-493]
Refers to products that result in a net reduction in the
generation of waste compared to their previous or alternate version
and includes durable, reusable and remanufactured products; products
with no, or reduced, toxic constituents; and products marketed with
no, or reduced packaging.
[Added 5-17-2017 by Ord.
No. Z-493]
Includes all supplies, materials and equipment.
The Comprehensive Procurement Guidelines established by the
U.S. Environmental Protection Agency for federal agency purchases
as of May 2002 and any subsequent versions adopted.
[Added 5-17-2017 by Ord.
No. Z-493]
Any department, agency, commission, bureau or other unit
in the City government using supplies or procuring contractual services
as provided for in this chapter.
WaterSense products or those that are in the upper 25% of
water conservation for all similar products, or at least 10% more
water-conserving than the minimum level that meets the Federal standards.
[Added 5-17-2017 by Ord.
No. Z-493]
[Amended 5-5-2010 by Ord. No. Z-37]
A centralized purchasing system is hereby established as a Division
of Purchasing in the Department of Administration. There is hereby
established the position of Purchasing Agent who shall be appointed
by the Business Administrator. The Business Administrator shall serve
as the Purchasing Agent until the office is filled by appointment.
[Amended 5-5-2010 by Ord. No. Z-37]
The Purchasing Agent shall have the powers and duties prescribed
by this chapter:
A.
The Purchasing Agent is hereby authorized and it shall be his/her
duty to purchase or contract for all supplies and services needed
by the City in accordance with purchasing procedures, as prescribed
by this chapter and such rules and regulations as the Business Administrator
shall adopt for the internal management and operation of the Division
of Purchasing.
B.
The authority of the Purchasing Agent shall not include the construction
of buildings, major street and parks improvements and other related
projects.
C.
Except as herein provided, it shall be unlawful for any City officer
or employee to order, to purchase or to make any contract within the
purview of this Article other than through the Division of Purchasing,
and any purchase order or contract made contrary to the provisions
hereof shall not be approved by the Purchasing Agent, and the City
shall not be bound thereby.
D.
In addition to the purchasing authority confined herein, the Purchasing
Agent shall:
(1)
Act to procure for the City the maximum value for each dollar of
expenditure.
(2)
Discourage uniform bidding and endeavor to obtain full and open competition
insofar as possible on all purchases and sales.
(3)
Keep informed of current developments in the field of purchasing,
prices, market conditions and new products and secure for the City
the benefit or research done in the field of purchasing by other governmental
jurisdictions, national technical societies and trade and business
organizations.
(4)
Prescribe and maintain such forms as he shall find reasonably necessary
to the operation of this Article and the administration of the centralized
purchasing system.
(5)
Prepare, adopt and maintain a vendor's catalog file. Said catalog
file shall be filed according to materials and shall contain descriptions
of vendors' commodities.
(6)
Explore the possibilities of buying in bulk in order to take full
advantage of discounts.
(7)
Act to procure to the City all federal tax exemptions to which it
is entitled.
(8)
Prepare and adopt a standard purchasing nomenclature for using agencies
and suppliers.
(9)
Prepare and secure, with the cooperation of the various City departments
and agencies, standard and written specifications for supplies used
by the various branches of the City government.
(10)
Establish a bidders list and a policy covering the organization,
structure and maintenance of the bidders list.
The Business Administrator shall establish and amend, when necessary,
all rules and regulations authorized by or promulgated under this
chapter and any other rules and regulations necessary to its operation.
[Amended 5-5-2010 by Ord. No. Z-37]
All using agencies, either by or with the authorization of the
head of the department under which the using agency operates, shall
file with the Division of Purchasing detailed requisitions or estimates
of their requirements in supplies and the contractual services in
such manner at such time and for such future periods as the Purchasing
Agent shall prescribe. The Purchasing Agent shall examine each requisition
or estimate and shall have the authority to revise it as to quantity,
quality or estimated cost, but revision as to quality shall be in
accordance with the standards and specifications established pursuant
to this chapter.
A.
Any purchase order or contract within the purview of this chapter
in which any officer or employee of the City is financially interested,
directly or indirectly, shall be void.
B.
The Purchasing Agent and every officer and employee of the City are
expressly prohibited from accepting, directly or indirectly, from
any person, company, firm or corporation to which any purchase order
or contract is or might be awarded any rebate, gift, money or anything
of value whatsoever.
[Amended 5-5-2010 by Ord. No. Z-37]
[Amended 5-5-2010 by Ord. No. Z-37; 3-17-2021 by Ord. No. B-340]
All purchases of and contracts for supplies and contractual
services and all sales of obsolete equipment shall, except as specifically
provided herein, be based whenever possible on competitive bids. Subject
to the approval of the Division of Local Government Services in the
Department of Community Affairs pursuant to N.J.S.A. 40A:11-4.1, competitive
contracting shall be used for all contracts to furnish building service
work. The Purchasing Agent may purchase supplies or contractual services
under any contract for such supplies or contractual services entered
into on behalf of the State of New Jersey by the Division of Purchase
and Property in the Department of the Treasury without advertising
for bids in accordance with the Revised Statutes of the State of New
Jersey.
A.
All supplies and contractual services, except as otherwise provided
herein, when the estimated aggregate value thereof shall exceed the
New Jersey statutory threshold established by N.J.S.A. 40A:11-4, shall
be purchased by formal, written contact from the lowest responsible
bidder, after due notice inviting proposals as required by the Revised
Statutes of New Jersey.
B.
Authorization to publicly advertise for formal bids shall be initiated
by approval of the Council.
C.
Formal bids shall be received by the Council unless otherwise ordered.
D.
The Purchasing Agent, Business Administrator and using agency head
shall review bids and submit recommendations as to the award to the
Council.
[Amended 5-5-2010 by Ord. No. Z-37]
E.
The Council shall award or reject bids under this section.
A.
All purchases of supplies, real property, contractual services, professional services and extraordinary unspecifiable services of less than estimated aggregate value of the New Jersey statutory threshold established by N.J.S.A. 40A:11-3 may be made in the open market without newspaper advertisement and without observing the procedure prescribed by § 60-9 of this chapter for the award of formal contracts, but all purchases shall be made as required by the Revised Statutes of New Jersey.
B.
All requisitions shall be approved by a using agency head.
[Amended 5-5-2010 by Ord. No. Z-37]
(1)
All open-market purchases over 15% of the current statutory bid threshold
applicable to the City of Hoboken shall, whenever possible, be based
on at least three competitive bids and shall be awarded to the lowest
responsible bidder.
(3)
The Purchasing Agent shall keep a record of all open orders and all
competitive bids submitted in connection herewith.
[Amended 5-5-2010 by Ord.
No. Z-37; 10-21-2015 by Ord. No. 380]
A.
Criteria for emergency purchases: An emergency may exist only if
it fulfills the requirements of an emergency under N.J.A.C. 5:34-6.1
and these guidelines:
(1)
The emergency is a specific, definable danger to the public health,
safety, or welfare; and
(2)
The emergency actually exists or imminently will exist because of
unexpected circumstances, and it requires the immediate delivery of
goods or services.
(3)
The emergency purchasing procedure can only be used if the need for
the emergency purchase of goods or services both could not have been
reasonably foreseen; and has arisen notwithstanding a good faith effort
to plan for required goods or services.
B.
Chain of command.
(1)
If the director of a City department believes an emergency exists,
the director must immediately notify, advise, and give sufficient
information of the emergency to the following "notified persons:"
(2)
The director must also, in writing, on or before the first working
day after the emergency, prepare and deliver to the Business Administrator,
an "Emergency Certification Form," attached Form A.[1]
(a)
The Emergency Certification Form will include the following:
[1]
Sufficient detail of the nature and cause of the emergency,
including whether it was unforeseen or unforeseeable, and why immediate
purchasing action is required;
[2]
A request for the goods and services that are required to mitigate
the emergency;
[3]
A certification of an existing or imminent emergency, and that
there are not enough currently purchased supplies or services to respond
to the emergency; and
[4]
The signature of the director.
[1]
Editor's Note: Said form is on file in the City offices.
(3)
If an emergency occurs when none of the notified persons is available:
(a)
The director defers a purchasing decision until one of the notified
persons becomes available. However, in making this decision, the director
shall weigh the potential damage to the public safety, health, or
welfare that would be caused by a delay.
(b)
If the damage to the public would be great due to a delay in
waiting for a notified person, the director may purchase the necessary
and proper materials or services.
[1]
Note: Emergency purchases are costly and should be kept to a
minimum. They are usually made hurriedly, on a noncompetitive basis,
and at top prices. Most vendors charge a premium when supplies must
be obtained immediately. By avoiding emergency orders, the City will
save substantial money.
(c)
Any and all evidence and documentation of emergency purchases
must be preserved by the director, including but not limited to sales
tickets, bills, delivery slips, and/or counter receipts which the
supplier normally furnishes.
(d)
This evidence must be attached to the Emergency Certification
Form (Attached Form A) and be forwarded to the Business Administrator
on the next work day following the date of purchase.
(e)
The Business Administrator may reject requests which are confirmation
of orders if there is reason to believe no true emergency existed
at the time of Purchase.
(4)
(5)
If the notified person charged with approving the emergency purchase
finds there is no actual or imminent emergency, they must detail their
reasons for denial in a written response to the director within four
hours of the emergency purchase request.
(6)
If the notified person charged with approving the emergency purchase finds there is an actual or imminent emergency that requires immediate delivery of goods or services, the notified person charged with approving the emergency purchase can choose between options in Subsection B(6)(a) or (b) and must do Subsection B(6)(c):
(a)
Immediately authorize a contract for the emergency procurement of the goods and services which must be subject to the stated terms of contract below, at Subsection B(7), and:
(b)
Prepare a resolution for Council action declaring the existence
of an emergency and authorizing the Business Administrator to proceed
with the procurement of the needed goods and services.
(c)
Inform the Mayor, Corporation Counsel, and Office of Emergency
Management of the nature and extent of the emergency and what actions
have or will be taken, in writing.
(7)
In determining whether to apply Subsection B(6)(a) or (b), the notified person charged with approving the emergency purchase should solely measure the possible consequences to the public health, safety, or welfare which might result due to delay by waiting for the Council of the City of Hoboken to convene on the emergency.
(8)
The terms of the contract for an emergency purchase must follow N.J.S.A.
40A:11-6 and N.J.A.C. 5:34-6.1:
(a)
Emergency contracts do not require contract bidding:
[1]
But, whenever practicable, the Business Administrator will attempt
to obtain at least two written quotes for the goods and services necessary
to resolve the emergency.
[2]
If any quotes are received verbally, the Business Administrator
must document the quotes, in writing, indicating the name of the vendor
and the price quoted.
(c)
The emergency purchasing procedure cannot be used to enter into
a contract for greater than six months.
(9)
The City of Hoboken will be bound by any contract made by the Business
Administrator which is made in accordance with this article.
(10)
Within 30 days of issuing the emergency contract, the Business
Administrator must submit an "Emergency Procurement Report" (Attached
Form B)[2] to the Director of the Division of Local Government Services.
(a)
Exception: If the Governor has formally declared an emergency
in New Jersey, the Business Administrator does not have to file an
Emergency Procurement Report.
[2]
Editor's Note: Said form is on file in the City offices.
A.
The head of the using agency shall inspect or supervise the inspection
of all deliveries of supplies or contractual services to determine
their conformance with the specifications set forth in the order of
contract.
B.
The Purchasing Agent shall have the authority to require chemical
and physical tests of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and conformance with
the specifications. In the performance of such tests, the Purchasing
Agent shall have the authority to make use of laboratory facilities
of any outside laboratory. The costs of such tests shall be charged
to the using agency.
[Amended 5-5-2010 by Ord. No. Z-37]
[Amended 5-5-2010 by Ord. No. Z-37]
A.
All using agencies shall submit to the Purchasing Agent, at such
times and in such form as he/she shall prescribe, reports showing
stocks of all supplies and those which are no longer used or which
have become obsolete, worn out or scrapped.
B.
The Purchasing Agent shall submit to all departments, prior to the
sale of surplus materials as described below, a list of items no longer
required to determine if they can use any of the equipment, parts
and supplies listed.
C.
The Purchasing Agent shall have the authority to transfer surplus
stock to other using agencies.
D.
The Purchasing Agent shall have the authority to sell all supplies
which have become unsuitable for public use or to exchange the same
for or trade in the same on new supplies. Sales under this subsection
shall be made to the highest responsible bidder in accordance with
the statute in such case made and provided. A record of each sale
shall be made and placed on file.
[Amended 5-5-2010 by Ord. No. Z-37]
The Purchasing Agent shall have the authority to join with other
units of government in cooperative purchasing plans as provided for
in the Revised Statutes of the State of New Jersey when the best interests
of the City could be served thereby.
Any person, firm or corporation found guilty of violating this
chapter or any of the provisions thereof shall be punished by a fine
not exceeding $500 or imprisonment for a period not exceeding 90 days,
or both, in the discretion of the Judge of the Municipal Court.
[Added 10-2-2013 by Ord. No. Z-255]
A.
The following items shall all, on a prospective basis, be included
in any and all construction contract bids which are prepared by, for,
on behalf of, or in the interest of the City of Hoboken:
(1)
Financial responsibility is an important factor in contracting for
construction services, and the City of Hoboken, through its contracting
authority, by way of its Purchasing Agent, shall require all bid submissions
on a public construction contract or on a private construction contract
that receives financial assistance to include the production of satisfactory
evidence that the business entity is properly registered and authorized
to conduct the type of work to be performed, including evidence that
demonstrates that the entity possesses or complies with all valid
licenses, registrations or certificates required by federal, state,
or county law, as well as complying with the general business license
requirements of the City of Hoboken prior to the award and during
the term of the contract.
(2)
The contracting authority, by way of its Purchasing Agent, shall
confirm and substantiate that the contract awardee can reasonably
be expected to complete and perform under the contract specifications,
and the contracting authority, by way of its Purchasing Agent, may
require the successful bidder to post a bid, performance, wage/fringe
benefit and/or material bond(s). The contracting authority shall also
determine if the successful bidder can reasonably be expected to complete
the project within the time constraints as delineated in the request
for bids and/or proposals.
(3)
The contracting authority, by way of its Purchasing Agent, shall
also oblige all specifications to require submission of evidence from
each bidding entity that it maintains a satisfactory level of past
performance and integrity as well as the financial, supervisory, personnel,
material, equipment, and other resources and expertise to satisfactorily
meet its contractual responsibilities and obligations. The contracting
authority, by way of its Purchasing Agent, shall also determine that
the successful bidder has not been debarred by any federal, state,
county or local agency or authority within the past three years or
has not been convicted of any crime related to the construction business.
(4)
Social responsibility is a concern in awarding public contracts,
and the contracting authority, by way of its Purchasing Agent, shall
require all bidders to certify to bidder's record of conformity with
environmental, labor, and health and safety laws, including compliance
with the requirements of the United States Department of Labor's Occupational
Safety and Health Administration. Additionally, the Purchasing Agent
shall ensure that all bid specifications include a place for all bidders
and their subcontractors to certify that they have participated in
an apprenticeship program, registered and approved by the United States
Department of Labor, for each separate trade or classification for
which they employ craft employees, unless the contractor or subcontractor
certifies that every worker shall be paid not less than the journeyworker's
rate established for the apprenticeable trade performed pursuant to
P.L. 1963, c. 150 (N.J.S.A. 34:11-56.25 et seq.). Additionally, the
Purchasing Agent shall require inclusion of a certification in each
bid specification that all bidders and subcontractors agree to continue
to participate in such apprenticeship programs for the duration of
the project. In addition, all bid specifications shall include a certification
that the bidder and any and all of its subcontractors will show that
such apprenticeship program provides each trainee with combined classroom
and on-the-job training under the direct and close supervision of
a highly skilled worker in an occupation recognized as an apprenticeable
trade and meets the program performance standards of enrollment and
graduation under 29 C.F.R. Part 29, § 29.6. Furthermore,
the bidder shall be required to demonstrate and affirm that it is
in compliance with the provisions of N.J.S.A. 34:20-1 et seq., the
Construction Industry Independent Contractor Act.
(5)
All bid specifications shall require submission by all bidding entities
of satisfactory evidence that the bidder and any subcontractors provide
a benefit configuration being no less than required under N.J.S.A.
34:11-56.25 et seq., the New Jersey Prevailing Wage Act. Furthermore,
all bid specifications shall require a certification from the bidder
affirming that it has made a good-faith effort to provide 25% of all
project work hours to residents of the City of Hoboken. For the purposes
of this section, good-faith effort shall be defined in the bid specifications
as a minimum of at least two community job fairs related to the construction
of the specified project.
(6)
Furthermore, the bid specifications shall require all of the above
items to be considered material and should allow the City to consider
any bidder who fails to provide each of the required items as unresponsive
to the bid specifications and, where applicable, irresponsible. Also,
the bid specifications should include language that, should it be
established after awarding of a contract that any of the information
required by this section and provided by the bidding entity to the
City of Hoboken was falsified or inaccurate, the contract shall be
immediately voided at the sole cost and expense of the bidder.
B.
FINANCIAL ASSISTANCE
PUBLIC CONSTRUCTION CONTRACT
The following definitions shall govern this section:
Something of economic value provided by the City of Hoboken
to a private entity, expressly articulated or identified in writing
by the City of Hoboken, including, but not limited to: loans, loan
guarantees, grants, tax exemptions, tax abatements, tax incentive
financing, and rent subsidies or reductions approved, funded, authorized,
administered or provided by the local government entity or any of
its instruments in connection with construction.
Any public construction project for the construction, reconstruction,
demolition or renovation of buildings at the public expense, which
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 (N.J.S.A. 34:11-56.25
et seq).
[Added 5-17-2017 by Ord.
No. Z-493]
Purchasing of supplies shall conform to the following Environmentally
Preferable Purchasing Guidelines, when and where possible.
A.
Specifications.
(1)
Source reduction.
(a)
The City shall institute practices that reduce waste and result
in the purchase of fewer products whenever practicable and cost-effective,
but without reducing safety or overall workplace quality.
(b)
All documents shall be printed and photocopied on both sides
(duplex) to reduce the use and purchase of photocopy paper.
(c)
Packaging that is reusable, recyclable or compostable shall
be preferred, when suitable uses and programs readily exist.
(d)
Vendors shall be encouraged to eliminate excess packaging or
to utilize the minimum amount necessary for product protection, to
the greatest extent practicable.
(e)
Products that are durable, long lasting, reusable or refillable
shall be preferred whenever available.
(f)
The City shall purchase remanufactured products such as toner/printer
cartridges, retread tires, furniture, equipment and automotive parts
whenever practicable, but without reducing safety, quality or effectiveness.
(g)
Vendors of electronic equipment, including but not limited to
computers, monitors, printers, fax machines and photocopiers, shall
be required to take back the equipment for reuse or environmentally
safe recycling when the City discards or replaces such equipment,
whenever and where practicable.
(h)
Vendors shall be encouraged to take back and reuse wooden pallets
and other shipping and packaging materials when and where practicable.
(i)
The City shall consider provisions in contracts with vendors
of nonelectronic equipment that require vendors to take back equipment
for reuse or environmentally safe recycling when the City discards
or replaces such equipment, whenever practicable.
(j)
The using agency shall consider short-term and long-term costs
in comparing product alternatives, when feasible. This includes the
evaluation of the total costs expected during the lifetime of the
product, including, but not limited to, acquisition, extended warranties,
operation, supplies, maintenance, disposal costs and expected lifetime
compared to other alternatives.
(2)
Recycled content products.
(a)
All products for which the United States Environmental Protection
Agency (US EPA) has established minimum recycled content standard
guidelines in the Agency's Comprehensive Procurement Guidelines (e.g.,
printing paper, photocopy paper, janitorial paper products, construction,
landscaping, parks and recreation, transportation, vehicles, miscellaneous
and nonpaper office products), shall contain the highest postconsumer
content practicable to the application, but no less than the minimum
recycled content standards established by the US EPA Guidelines.
(b)
Photocopiers and printers purchased or leased by the City shall
be compatible with the use of recycled content and remanufactured
products.
(c)
All preprinted recycled content papers intended for distribution
that are purchased or produced shall contain a statement that the
paper is recycled.
(d)
The City shall purchase re-refined lubricating and industrial
oil for use in its vehicles and other motorized equipment, as long
as it is certified by the American Petroleum Institute (API) as appropriate
for use in such equipment.
(e)
When specifying asphalt concrete, aggregate base or Portland
Cement Concrete for road construction projects, the City shall utilize
recycled, reusable or reground materials.
(f)
The City shall specify and purchase recycled content transportation
products, including signs, traffic cones, parking stops, delineators,
and barricades, which shall contain the highest postconsumer content
practicable.
(3)
Energy and water savings.
(a)
All products purchased by the City and for which the US EPA
Energy Star certification is available (e.g., appliances, heating,
ventilation, and air conditioning) shall meet Energy Star certification,
when practicable and available. When Energy Star labels are not available,
the City shall choose energy-efficient products that are in the upper
25% of energy efficiency as designated by the Federal Energy Management
Program.
(b)
All products purchased by the City and for which the US EPA
WaterSense certification is available (e.g., toilets, low-flow faucets
and aerators, and upgraded landscape irrigation systems) shall meet
WaterSense certification, when practicable and available.
(c)
The City shall replace inefficient interior lighting with energy-efficient
equipment and bulbs.
(d)
The City shall work with PSE&G to replace inefficient exterior
lighting, street lighting and traffic signal lights with energy-efficient
equipment and bulbs. Exterior lighting shall be minimized when and
where possible to avoid unnecessary lighting of architectural and
landscape features while providing adequate illumination for safety
and accessibility.
(4)
Green buildings and design.
(a)
All building and renovations undertaken by the City shall follow
green building practices for design, construction, and operation,
where appropriate and practicable, as described in the LEED Rating
System. Architects and engineers procured for said work shall be required
to have LEED accredited professionals on their staff assigned to the
project.
(b)
Green building practices should be consistent with the City
of Hoboken Green Building Policy ("A resolution of support for the
adoption of green building practices for civic, commercial and residential
buildings," October 19, 2011).
(5)
Landscaping and hardscaping.
(a)
All landscape renovations, construction and maintenance performed
by the City, including workers and contractors providing landscaping
services for the City, shall employ sustainable landscape management
techniques for design, construction and maintenance, including, but
not limited to, integrated pest management (IPM), grass recycling,
drip irrigation, composting, and the procurement and use of mulch
and compost that give preference to those products produced from regionally
generated plant debris and/or food waste programs.
(b)
Native and drought-tolerant plants that require no or minimal
watering once established are preferred. Plants should be selected
to minimize waste by choosing species for purchase that are appropriate
to the microclimate, species that can grow to their natural size in
the space allotted to them, and perennials rather than annuals for
color variations should be utilized.
(c)
Hardscapes and landscape structures constructed of recycled
content materials are encouraged.
(d)
The City shall limit the amount of impervious surfaces in the
landscape. Permeable substitutes, such as porous asphalt, are encouraged
for walkways, plazas, and driveways.
(6)
Toxics and pollution.
(a)
The City shall purchase, or require janitorial contractors to
supply, industrial and institutional cleaning products that meet and/or
exceed the Green Seal Certification Standards for environmental preferability
and performance.
(b)
The City shall purchase, or require janitorial contractors to
supply, vacuum cleaners that meet the requirements of the Carpet and
Rug Institute "Green Label" Testing Program.
(c)
The City shall purchase materials (e.g., paint, carpeting, flooring
materials, furniture) with the lowest amount of volatile organic compounds
(VOCs), highest recycled content, and low or no formaldehyde or lead.
(d)
The use of chlorofluorocarbon, Halon- and Freon-containing refrigerants,
solvents and other products shall be phased out and new purchases
of heating/ventilating/air conditioning, refrigeration, insulation
and fire suppression systems shall not contain them.
(e)
When replacing vehicles, the City shall consider less-polluting
alternatives to gasoline and diesel as may be available for the application
(e.g., bio-based fuels, hybrids, electric batteries, and fuel cells).
(f)
When maintaining buildings and landscapes, the City shall manage
pest problems through prevention and physical, mechanical and biological
controls (e.g., integrated pest management), using the least toxic
pest control method as a last resort.
(g)
The City shall not purchase products that use halogens, polyvinyl
chloride (PVC), lead, phthalates and asbestos.
(h)
All surfactants and detergents shall be readily biodegradable
and, where practicable, shall not contain phosphates.
(i)
For products that contain lead or mercury, the City shall give
preference to those products with lower quantities of these metals
and to vendors with established lead and mercury recovery programs.
(j)
The City shall purchase desktop computers, notebooks and monitors
purchased that meet, at a minimum, all Electronic Product Environmental
Assessment Tool (EPEAT) environmental criteria designated as "required"
as contained in the IEEE 1680 Standard for the Environmental Assessment
of Personal Computer Products.
(7)
Forest conservation.
(a)
The City shall give preference to wood products that are certified
to be sustainably harvested by a comprehensive, performance-based
certification system including independent third-party audits when
available [e.g., Forest Stewardship Council (FSC) certification].
(b)
The City encourages the purchase or use of previously utilized
and/or salvaged wood and wood products when available.
(8)
Bio-based products.
(a)
Bio-based plastic products that are biodegradable and compostable,
such as bags, film, food and beverage containers, and cutlery, are
encouraged when available.
[1]
Compostable plastic products purchased shall meet American Society
for Testing and Materials (ASTM) standards as found in ASTM D6400-04.
[2]
Biodegradable plastics used as coatings on paper and other compostable
substrates shall meet ASTM D6868-03 standards.
[3]
Proof of compliance with ASTM standards for compostable, biodegradable
and degradable plastic products shall be provided by vendors of such
products, upon request. One acceptable proof of compliance for compostable
plastic products shall be the certification by the Biodegradable Products
Institute (BPI).
(b)
Vehicle fuels made from non-wood, plant-based contents such
as vegetable oils are encouraged when available.
(c)
Paper and construction products made from non-wood, plant-based
contents such as agricultural crops and residues are encouraged when
available.
B.
Priorities.
(1)
The health and safety of Hoboken workers and citizens is of the utmost
importance and takes precedence over all other policies and practices.
(2)
Nothing contained in this ordinance shall be construed as requiring
the City, Purchasing Agent, Business Administrator, using agency,
or contractor to procure products that do not perform adequately for
their intended use, exclude adequate competition, or are not available
at a reasonable price in a reasonable period of time.
(3)
Nothing contained in this ordinance shall be construed as requiring
the City, Purchasing Agent, Business Administrator, using agency,
or contractor to take any action that conflicts with local, state
or federal requirements.
C.
Implementation.
(1)
The Business Administrator, Purchasing Agent, using agency, and other
positions responsible shall implement this ordinance in coordination
with other appropriate City personnel.
(2)
As applicable, successful bidders shall certify in writing that the
environmental attributes claimed in competitive bids are accurate.
In compliance with New Jersey State Law, vendors shall be required
to specify the minimum or actual percentage of recovered and postconsumer
material in their products, even when such percentages are zero.
(3)
Upon request, the Purchasing Agent, Business Administrator, or using
agency making the selection from competitive bids shall be able to
provide justification for product choices that do not meet the environmentally
preferable purchasing criteria in this section.
(4)
Vendors, contractors and grantees shall be encouraged to comply with
applicable subsections of this section for products and services provided
to the City, where practicable.
[Added 12-18-2020 by Ord.
No. B-317]
A.
AFFORDABLE HOUSING GRANT
APPRENTICE
APPRENTICESHIP PROGRAM
CITY OF HOBOKEN
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CRAFT EMPLOYEE
DEVELOPER
FINAL CERTIFICATE OF OCCUPANCY
JOURNEYMAN
LABOR ORGANIZATION
LABOR PERSON HOURS
MINORITY
MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE (MWBE)
(1)
(2)
(3)
PRINCIPAL
PROJECT COMPLETION
PROJECT LABOR AGREEMENT (PLA)
PUBLIC CONSTRUCTION PROJECT
REDEVELOPMENT AREA BOND
REDEVELOPMENT AREA FINANCING ("RAF") PROJECT
RESIDENT
SUBSTANTIAL COMPLETION
TEMPORARY CERTIFICATE OF OCCUPANCY
TOTAL CONSTRUCTION COST
TRADE
WOMAN or WOMEN
Definitions. To effectuate the purposes of this section, these terms
shall have the following meanings:
A form of redevelopment area financing involving a disbursement
of monies from the City's affordable housing trust fund to a developer,
given in order to ensure the inclusion of on-site affordable housing
at the developer's project, for the duration of the tax exemption.
A worker who participates in a program registered by the
Bureau of Apprenticeship and Training of the U.S. Department of Labor
("DOL"), or an apprenticeship equivalent program either approved and
funded by the New Jersey Department of Labor as of January 1, 2003,
who takes a construction apprenticeship test, and receives benefits
and pay not less than those received by an apprentice.
An apprenticeship program and registered by the Bureau of
Apprenticeship and Training of the U.S. Department of Labor or an
apprenticeship equivalent program as that term is used by the State
of New Jersey in the Abbot Project Labor Agreement either approved
and funded by the New Jersey Department of Labor as of January 1,
2003.
The Mayor, the Municipal Council, the Corporation Counsel,
and/or the Business Administrator of the City of Hoboken, or any of
their designees.
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.
A person employed in a trade as defined herein at either
the apprentice or journeyman level.
An entity that is developing a project that has a total construction
cost that is equal to, or in excess of, $10,000,000, exclusive of
any land acquisition costs, and has received 1) a tax exemption pursuant
to N.J.S.A. 40A:20-1 et seq. (the Long-Term Tax Exemption statute)
or a tax exemption pursuant to N.J.S.A. 40A:21-1 et seq. (the Five-Year
Exemption and Abatement Statute) and 2) is a recipient of some form
of redevelopment area financing (RAF) such as, but not limited to,
a redevelopment area bond ("RAB") pursuant to N.J.S.A. 40A:12A-64
et seq., or any other form of municipal financing/funding such as
an affordable housing trust fund grant, a community development block
grant (CDBG), a direct payment to the developer by the City in the
form of rent, or 3) if the entity is the recipient of a construction
contract awarded by the City for a public construction project.
The certificate that is issued by the City's Construction
Official upon completion of the project indicating that the structure
is ready for occupancy.
A skilled worker who is a member of a labor organization
and who has successfully completed an official apprenticeship qualification
in a building trade or craft.
An organization which represents, for purposes of collective
bargaining, employees trained in a particular trade, involved in the
performance of a public construction project or RAF project that has
the present ability to refer, provide or represent sufficient numbers
of qualified employees to perform the contracted work and has an apprenticeship
program.
The number of hours worked multiplied by the number of employees
performing such work.
Any person who is identified as Black, Asian, Hispanic, or
American Indian as codified in N.J.A.C. 17:27-2.1.
A business in which the principal is a minority as defined herein,
or a woman;
A business in which at least 51% of the ownership interest is
held by a minority as defined herein, or by a woman and the management
and daily business operations are controlled by one or more of the
minorities or women who own it; or
A corporation or other business entity authorized under the
laws of New Jersey whose management and daily business operations
are controlled by one or more of the minorities or women who own it,
and which at least 51% of the corporation is owned by one or more
minorities or women, and if stock is issued, at least 51% of the stock
is owned by one or more minorities or women.
Any officer, director, or individual who directly or indirectly
holds any beneficial interest in or ownership of the securities of
the business and/or any employee of the business who is empowered
by title or by explicit assignment to authorize the procurement, purchase,
or contracting of equipment, goods, services, or supplies whatsoever
involving an expenditure of $1,000 or greater.
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.
A contract between a labor organization and a developer for
construction jobs that contains at a minimum the requirements set
forth in this section.
Any construction contract entered into by the City using
public funds, the total cost of which is equal to or exceeds $5,000,000,
exclusive of any land acquisition costs.
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.
A project that has a total construction cost that is equal
to or exceeds $10,000,000, exclusive of any land acquisition costs,
which receives 1) a tax exemption pursuant to N.J.S.A. 40A:20-1 et
seq. or N.J.S.A. 40A:21-1 et seq., and 2) receives some form of redevelopment
area financing such as an affordable housing trust fund grant, a community
block development grant, or a redevelopment area bond.
Any person who currently lives in Hoboken and who has lived
in Hoboken for the previous 12 months.
Any construction project that is not completed but is near
completion by virtue of the project receiving a temporary certificate
of occupancy from the City's Construction Official.
A certificate that is issued by the City's Construction Official
when a project has been substantially completed, provided that such
portion or portions may be occupied safely prior to full completion
of the building or structure without endangering health or safety.
All costs, including infrastructure, 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 & 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:20-3h(4).
A skilled job, typically one requiring manual skills and
special training, such as carpentry, masonry, and plastering, that
are primarily concerned with the construction and finishing of buildings.
A female or females, regardless of race.
B.
Project labor agreements required; general terms. All redevelopment
area financing (RAF) projects as defined herein and all requests for
proposals, specifications and final contracts for public construction
projects which exceed $10,000,000, exclusive of any land acquisition
costs, shall require the execution of a project labor agreement that
complies with the requirements of this article. The Business Administrator
may, having taken into consideration the nature, size and complexity
of the project, determine that a project labor agreement is not required,
subject to approval by the City Council. In all cases where a project
labor agreement is utilized, it must advance the interests of the
City, including cost, efficiency, quality, time lines, and need for
a skilled labor force and safety. All project labor agreements shall
contain the following terms:
(1)
A guarantee that there will be no strikes, lockouts, or other similar
actions;
(2)
Procedures to ensure the effective, immediate, and mutually binding
resolutions of 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;
(4)
Evidence that each contractor and subcontractor working on the project
has a local federally registered apprenticeship program;
(5)
Conformity with all statutes, regulations and City ordinances regarding
the implementation of the City's goals for women- and minority-owned
businesses;
(6)
Conformity with all statutes, regulations and City ordinances regarding
the implementation of the City's goals for women-owned businesses,
minority-owned businesses, and LGBTQ+ owned businesses, including
a provision, consistent with the holding of City of Richmond v. J.A.
Croson Co., 488 U.S. 469 (1989), that there be appropriate goals for
the hiring of minorities and women; specifically, that at least 10%
of the total labor person hours performed by the labor organizations
are performed by minorities or women who are also residents of Hoboken.
Included in this 10% shall be craft employees of all skill levels,
including apprentices and journeymen.
(a)
A developer that contracts with an MWBE or an LGBTQ+ owned business
owned by a Hoboken resident(s) on a Hoboken PLA project is eligible
to receive a credit of 50% of the total labor-person hours performed
by that MWBE or LGBTQ+ owned businesses on the PLA project. This credit
can be applied toward the total number of minority or woman labor
person hours required on the project.
A developer that contracts with an MWBE or LGBTQ+ owned business
not owned by a Hoboken resident(s) on a Hoboken PLA project is eligible
to receive a credit of 25% of the total labor-person hours performed
by that MWBE or LGBTQ+ owned businesses on the PLA project. This credit
can be applied toward the total number of minority or woman labor
person hours required on the project.
(b)
The minority and/or women hour requirement can be satisfied
if the developer partners with, shares profits with, or forms a corporation
for the purposes of development with, a recognized MWBE or LGBTQ+
owned business, owned by a Hoboken resident(s) and that MWBE or LGBTQ+
owned business receives 20% or more of the ownership of the project.
A developer is eligible to receive a credit of 75% if the developer
partners with, shares profits with, or forms a corporation for the
purposes of development with, a recognized MWBE or LGBTQ+ owned business
not owned by a Hoboken resident(s) and that MWBE or LGBTQ+ owned business
receives 20% or more of the ownership of the project.
(c)
The minority and/or women hour requirement can be satisfied
if the general contractor hired by the developer partners with, forms
a joint venture with, shares profits with or subcontracts with an
MWBE or LGBTQ+ owned business owned by a Hoboken resident(s) and that
MWBE receives 20% of the total profits from the project.
A developer is eligible to receive a credit of 75% if the general
contractor hired by the developer partners with, forms a joint venture
with, shares profits with or subcontracts with an MWBE or LGBTQ+ owned
business not owned by a Hoboken resident(s) and that MWBE receives
20% of the total profits from the project.
(7)
A requirement that developers and labor organizations complete the
following preconstruction actions:
(a)
Initial meeting. Prior to a financial agreement being executed
between the City and the developer, and prior to a project labor agreement
being executed between the developer and the labor organizations,
the developer, the general contractor, and a representative from the
labor organizations must all meet with the Business Administrator
and Corporation Counsel or any of their designees to 1) assess the
general contractor's respective workforce needs, 2) discuss the general
contractor's construction and procurement schedule, and 3) for the
office of Tax Abatement and Compliance to specify any and all procedures
necessary and proper in carrying out the enlisted requirements within
this section.
(b)
Preconstruction meeting. Prior to the commencement of construction,
the developer, the general contractor, and a representative from the
labor organizations must all meet with the Business Administrator
and Corporation Counsel or any of their designees 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
and/or the general contractor must provide the Business Administrator
and Corporation Counsel or any of their designees their construction
and procurement schedules. The labor organizations must present the
developer and the City with the names, addresses, and trades of all
eligible apprentices who are available to work on the project. Additionally,
the Business Administrator and Corporation Counsel or any of their
designees shall specify any and all procedures necessary and proper
in carrying out the enlisted requirements within this section.
(c)
Advertisement. Not more than 60 days after the initial meeting,
each labor organization must advertise for prospective apprentices
within their respective trade. These advertisements from each labor
organization must do the following: 1) solicit apprenticeship applications
for their respective apprenticeship program, 2) describe the basic
requirements for admission into their respective apprenticeship program,
3) describe the job training associated with their apprenticeship
program, 4) state the date or dates for their respective apprenticeship
tests, and 5) set forth the range of salaries.
(d)
Job fairs. The labor organizations must conduct job fairs once
every three months, thus four times annually. The job fairs are to
be held at a location to be provided by the City in order for the
labor organizations to explain the apprenticeship programs and solicit
applications from attendees.
C.
Exemptions.
(1)
Any residential project which shall maintain more than 50% of the
entire project's gross square footage as affordable housing shall
be exempt from the requirement of a project labor agreement. In the
event an application for an RAF financing project contains an estimate
of total project cost that is less than $10,000,000, but upon project
completion is determined to have a total construction cost equal to
or exceeding $10,000,000, then the project service charge shall be
increased as follows:
(2)
The above increases shall be retroactive to the date of substantial
completion and shall apply for each and every year of the entire term
of the RAF financing project.
D.
Reports and records.
(1)
All developers of RAF projects, whether subject to a project labor
agreement or not, shall submit a detailed certification of the estimated
total construction cost with its application for any tax exemption,
which shall be made available to the public.
(2)
In the event construction permits are issued more than 12 months
have expired from the date of the adoption of the ordinance approving
the RAF financing, the developer shall be required to resubmit a current
estimate of total construction costs to ensure that the total construction
costs do not exceed $10,000,000 or a project labor agreement shall
be required.
(3)
No later than 90 days following project completion, the developer
shall submit a certification of actual total construction cost certified
to the City by the project's architect and engineer. Total construction
cost is subject to review by the City at the time of application and
audit by the City, upon project completion.
(4)
The project labor agreement shall require the submission of the following
reports to the Business Administrator and Corporation Counsel or any
of their designees on the 15th day of each month for the previous
month in a format provided by the Business Administrator and Corporation
Counsel or any of their designees, for each year of construction until
project completion:
(a)
Manning report. This report, which is provided by the developer's
general contractor, must accurately reflect the total work hours in
each construction trade or craft and the number of hours worked by
minorities and/or women, in each trade or craft, and will list separately
the work hours performed by such employees of the general contractor
who are actually performing work on the site and each of its subcontractors
during the previous quarter.
(b)
Certified payroll report. This certified report, which is provided
by the developer's general contractor, must specify the residence,
gender and ethnic/racial origin of each worker, broken down by trade,
along with their respective work hours, and the rate of pay and benefits
provided.
(c)
Equal employment opportunity reports. The labor organizations
must provide to the Business Administrator and Corporation Counsel
or any of their designees copies of each of their local union reports
(EEO-3) and each of their apprenticeship information reports (EEO-2),
which are required to be filed with the United States Commission of
Equal Employment Opportunity Commission.
(d)
Apprenticeship report. This report from all of the labor organizations,
which must be provided to the Business Administrator and Corporation
Counsel or any of their designees each month, shall list all of the
names, addresses, and contact information of all persons who were
accepted into each labor organization's apprenticeship program. The
report shall also list the names, addresses, and contact information
of all City residents who were rejected for admission into each labor
organization's apprenticeship program with the reasons for their rejection.
For those City residents who failed to finish the program, the report
must provide the reasons why they failed to complete the program.
(e)
Other reports. The developer and/or labor organizations shall
furnish to the City and/or the Business Administrator and Corporation
Counsel or any of their designees any and all 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 this 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 notice.
(g)
Site access. Representatives of the City shall be permitted
to have appropriate access to all work sites in order to monitor compliance.
E.
Pre-apprenticeship training program.
(1)
Interagency cooperation. The City will solicit the support of the
Hoboken Board of Education, the Hudson County Community College, the
Hudson County Vo-Tech School, the Hoboken Housing Authority, and other
community-based organizations in order to maximize participation in
the apprenticeship program among eligible City residents.
(2)
Preparatory services. The City shall be responsible for the development
of a program to provide all necessary preparatory services for enrolled
pre-apprentices, including assistance with GED preparation, obtaining
a driver's license, 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 of a labor organization.
(3)
Monitoring. The City shall be responsible for the selection, operation
and supervision of pre-apprenticeship programs that may be operated
by private entities and shall retain authority to review and approve
the curriculum and procedures used to recruit and select participants.
F.
Enforcement.
(1)
The Office of Corporation Counsel shall be the primary office authorized
to implement and enforce this section, under the supervision of the
Business Administrator, including 1) documentation and recordkeeping
requirements, 2) monitoring and compliance activities, 3) project
and/or contract coverage determinations, 4) designated referral sources,
5) bid and contract documents implementing this section, and 6) other
matters related to implementation of this section.
(2)
The Business Administrator or any of the Administrator's designees
shall assess compliance monthly during construction and for all ongoing
obligations post-construction.
(3)
If the Business Administrator in consultation with Corporation Counsel
determines that a project is not compliant, then the appropriate corrective
action will be taken.
(4)
The developer and all labor organizations affiliated with the project
shall demonstrate to the City compliance with this section. It shall
not be a defense to any enforcement action taken by the City that
the developer or the labor organization could not obtain any item
or information from any other party to the PLA. This section does
not limit the developer or the labor organization's ability to assess
qualifications of prospective workers, to make final hiring and retention
decisions. No provision of this section shall be interpreted so as
to require a developer, a labor organization, a general contractor
or a subcontractor to hire or retain a worker who lacks the necessary
qualifications for the position in question, or to employ any particular
worker regardless of qualifications.
G.
Remedies. In the event that either the developer and/or the labor
organization should violate this section, the City may seek any and
all remedies available to it at law or equity. Such remedies include,
but are not limited to, compelling the developer and/or the labor
organization to complete a remedial employment action plan, pay liquidated
damages or the City may elect to terminate the RAF and/or the tax
exemption.
H.
Severability. If any provision of this section or application thereof
to any person or circumstance is judged unconstitutional or otherwise
invalid, the invalidity shall not affect other provisions or applications
of this section that can be given effect without the invalid provision
or application, and to this end the provisions of this section are
declared severable.
[Added 4-6-2022 by Ord. No. B-451]
Payment of claims may be made by use of procurement cards by
authorized individuals and subject to guidelines and procedures established
in accordance with N.J.S.A. 40A:4-17 and N.J.A.C. 5:30-9A, as may
be amended.
