[HISTORY: Adopted by the Municipal Council of the Township of Irvington 4-10-2023 by Ord. No. MC 3822.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 49, First Source Employment Linkage Program, adopted 4-24-2001 by Ord. No. MC 3172 (Ch. 15 of the 1981 Revised Code); amended in its entirety 4-21-2016 by Ord. No. MC 3567.
[Amended 9-23-2024 by Ord. No. MC 3880]
The Municipal Council does hereby establish a First Source Employment Linkage Program to facilitate and encourage private sector employment opportunities to qualified Irvington residents by requiring the recipient of any economic incentive to execute a first source agreement and make a good faith effort to hire qualified Irvington residents for all long-term jobs or purchases goods and/or services from a business situated within the Township but not affiliated with a recipient (hereinafter referred to as a "local business").
A. 
The Department of Economics Development Grants Oversight ("DEDGO") and the office of Community Development and Planning ("CDP") shall serve as the intermediary between the business community and a network of service providers, job training agencies and educational institutions to best maximize the socio-economic potential of this agreement.
B. 
DEDGO and CDP shall attempt to evenly distribute job referrals amongst the network of service providers, job training agencies and educational institutions. This effort is to ensure that the Township as a whole is able to benefit from this First Source Program. The network of service providers, job training agencies and educational institutions shall refer to DEDGO and CDP only qualified individuals that reside in the Township of Irvington.
C. 
DEDGO and CDP shall send semiannual reports to the administration and Municipal Council outlining: how many individuals were referred by DEDGO or CDP to be interviewed during that particular semiannual period; how many individuals referred by DEDGO or CDP were hired during that particular semiannual period; the dates of termination of employment, if applicable, from which service provider, job training agency or educational institution the hired individuals were referred to DEDGO or CDP; which ward the hired individuals reside in; and the wages and benefits received by the hired individuals. If a lack of good faith has been demonstrated on the part of any recipient, this shall also be included in the report. DEDGO and CDP shall also include recommendations and suggestions about how this employment linkage program could be improved.
[Amended 9-23-2024 by Ord. No. MC 3880]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
ECONOMIC INCENTIVE
Any of the following economic benefits approved by the Municipal Council for a recipient:
(1) 
A long-term tax exemption in exchange for payments in-lieu of taxes for any redevelopment project approved by the Township under the Long-Term Tax Exemption Law or any other statute providing for long-term tax exemptions for redevelopment projects;
(2) 
Any federal, state, county or municipal grant or loan of $25,000 or more;
(3) 
Township property which is conveyed at a private sale for no or nominal consideration, which has an actual fair market value of $25,000 or more; and/or
(4) 
A Township contract for services over $100,000.
EXCLUSIVITY PERIOD
The period of time commencing with the pre-hiring notification of DEDGO or CDP by the recipient during which time the recipient may not take any actions to fill a position, including but not limited to advertising, announcing, recruiting, or interviewing. The length of the exclusivity period shall be determined by DEDGO or CDP after consultation with the recipient, but in no event shall be less than 15 days.
FIRST SOURCE AGREEMENT
A binding agreement between the Township and any recipient of an economic incentive, wherein the recipient agrees to make a good faith effort to hire qualified individuals who reside in the Township of Irvington. The form of the agreement shall be substantially the same as the agreement to this chapter as Schedule A.[1]
GOOD FAITH EFFORT
Includes but is not limited to all of the following activities:
(1) 
Pre-hiring notifications and exclusivity period: At least 15 days prior to advertising for any employees, the recipient shall submit to DEDGO or CDP a written notice of the number and qualifications of prospective employees needed for any long-term job, as well as a description of the job to be filled. This description shall include the work hours, wage scale, benefits, and hiring schedule of the positions. This will enable DEDGO or CDP to refer qualified applicants to the recipient. During this period, the recipient shall adhere to the above requirements of the exclusivity period. If any of the information submitted to DEDGO or CDP relating to the number or qualifications of prospective employees or the description of the job to be filled is modified, the recipient shall refile a pre-hiring notification and the exclusivity period shall recommence. For positions not covered by this agreement, the recipient may notify DEDGO or CDP when such positions become available so DEDGO or CDP can notify the community that such opportunities exist.
(2) 
Mandatory contract provisions: All contracts entered into by the recipient or the recipient's contractor shall be required to comply with this chapter and the agreement executed thereunder. The recipient will require the contractor or subcontractor, regardless of tier, to complete and provide DEDGO or CDP with a statement that it will comply with this chapter and the agreement executed thereunder.
(3) 
Collective bargaining agreement: The recipient will cause the contractor to submit to DEDGO or CDP copies of any collective bargaining agreements covering workers to be employed including any collective bargaining agreements of any subcontractor.
(4) 
Pre-hiring interviews: The recipient shall interview any applicants referred to it by DEDGO or CDP.
(5) 
Quarterly reports: The recipient will submit written semiannual employment reports to DEDGO or CDP in the form to be provided by DEDGO or CDP. If the recipient failed to fill any position with any qualified applicant referred by DEDG or CDP, the report will include the reasons why.
(6) 
Post-Exclusivity Period Reports: The recipient will submit a written report no later than 14 days after the expiration of the Exclusivity Period listing the number of applicants hired under the Program, the title of each position filled and the number of applicants hired to each such title and the quantum of the salary or wage to be paid for each such position filled. In the event the number of applicants so hired falls beneath the expectations of the Program, the recipient's written report shall list the number of applicants interviewed and the reasons for the inability to hire a sufficient number of such applicants.
(7) 
Other reports: The recipients shall furnish such other reports as are reasonably required by DEDGO or CDP to implement the purposes of the agreement.
(8) 
Record access: The recipient will insure that DEDGO or CDP will have reasonable access to all files and records reasonably necessary to confirm the accuracy of the information set forth in the reports, including but not limited to records of employment and employment advertisement, application forms.
(9) 
Work place access: The recipient shall insure that DEDGO or CDP has reasonable access to the project site to physically monitor the work site to verify the accuracy of the information set forth in the reports.
(10) 
Oversight Conference: Subsequent to the expiration of the Exclusivity Period, and semiannually thereafter within the Township's discretion, the recipient shall appear before the Redevelopment Committee of the Municipal Council, to discuss its level of compliance with the First Source Agreement and with this section and, where compliance lags below the goals of this section, the action steps necessary to meet said goals.
LONG-TERM JOB
Those positions 90 to 180 days or more in duration based on job requirement/description. Positions created as a result of internal promotions, terminations, or expansions within the recipient's work force which are to be filled by new employees are included. However, positions filled through promotion from within the recipient's existing work force are not covered positions under this agreement.
RECIPIENTS
Any individual, partnership, association, organization, for-profit corporation or other entity, whether public or private, which receives an economic incentive. This includes any contractor, subcontractor or agent of the recipient.
TOWNSHIP OF IRVINGTON
Includes its employees, agents and assignees.
[1]
Editor's Note: Said agreement is on file in the Township offices.
B. 
Except where indicated within a First Source Agreement, the definitions herein shall apply within any First Source Agreement entered into pursuant to the provisions of this chapter.
C. 
Where any definition herein refers solely to hiring applicants for jobs, it is understood that, to the fullest extent possible, the definition refers in equal measure to the purchase of goods and/or services from local businesses, where applicable.
Prior to implementation of this First Source Employment Linkage Program, DEDGO or CDP must prepare and present to the Municipal Council a strategy as to how it will serve as intermediary between the business community and the service providers, job training agencies and educational institutions. This strategy should include:
A. 
Creating an efficient network to identify qualified job recipients between DEDGO or CDP and the network of service providers, job training agencies, and educational institutions.
B. 
Creating all necessary documents to ensure compliance on the part of any recipients. At a minimum, these documents will detail the names, addresses, social security numbers, dates of hire/termination, wages, benefits and positions hired, for all new hires and terminations during each semiannual period.
C. 
Designing a plan to educate employers about the First Source Job Linkage Program and the system described above.
Because damages will not be capable of determination with any reasonable degree of certainty, the Township will be entitled to liquidated damages from the recipient in the amount of $25,000 for every worker hired where the recipient failed to make a good faith effort to hire qualified individuals who reside in the Township as outlined above. The Township reserves any other remedies it may have at law or equity, including but not limited to the termination of any economic incentives (such as the recalling of loans, repealing of tax abatements or canceling of contracts), if appropriate, for a material breach of the recipient's obligation to make a good faith effort to hire qualified individuals who reside in the Township of Irvington as outlined above. This section relating to damages is subject to the written default notice provisions and expiration of a period to correct any violations, as set forth in the First Source Agreement to be entered into by the recipient.
All prior ordinances or parts thereof inconsistent herewith are hereby repealed.
This chapter shall take effect 30 days after final passage and publication in accordance with the laws of the State of New Jersey.
If this chapter conflicts with any federal or state laws or regulations, the laws or regulation shall prevail. This chapter shall not confer upon the Township any power not otherwise provided by law to determine the legality of any collective bargaining agreement or to regulate any collective bargaining process.
Should any clause, sentence, paragraph or part of this chapter, or the application thereof to any person, circumstance, be found by a court of competent jurisdiction to be invalid, the remainder of this chapter shall remain in full force and effect.