[Ord. No. 14-2015]
No payment of property tax for Guttenberg property shall be accepted by cash. The only means of payment accepted shall be check or money order.
[Ord. 4/5/89 § I]
No license or permit shall be issued by or approved by the Town or any of its departments or subagencies unless the applicant for the license or permit, if the applicant is the owner of the property in which the business or activity to be licensed or permitted is to be conducted, pays in full any delinquent property taxes or assessments on the property.
[Ord. 4/5/89 § II]
Any license or permit issued or approved by the Town or any of its departments or subagencies shall be revoked by the issuer if the licensee owns the property on which the licensed business or activity is conducted and has failed to pay the taxes due on his property for at least three consecutive quarters.
[Ord. 4/5/89 § III]
The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the "Alcoholic Beverage Control Act," N.J.S.A. 33:1-1 et seq.
[Ord. 3/21/90 § 1]
It is the intent and purpose of this section to provide for the defense of actions against, and the indemnification of, public employees as permitted by N.J.S.A. 59:10-4.
[Ord. 3/21/90 § 2]
As used in this section:
Shall mean any elected or appointed official or any officer, employee or servant, whether or not compensated or part-time, who is authorized to perform any act or service; provided, however, that the term does not include an independent contractor.
Shall mean any employee or former employee of the Town.
[Ord. 3/21/90 § 3]
The Town shall provide for the defense of any action brought against a public employee on account of any act or omission in the scope of his employment, and this obligation shall extend to any cross action, counterclaim or cross complaint against such employee.
[Ord. 3/21/90 § 4]
The provisions for defense shall not be applicable when the Mayor and Board of Council determine that:
a.
The act or omission was not within the scope of employment;
b.
The act of failure to act was because of actual fraud, willful misconduct or actual malice;
c.
The defense of the action or proceeding would create a conflict of interest between the Town and the public employee;
d.
The defense of the action or proceeding is provided for by an insurance policy or policies; whether obtained by the Town or by any other person.
e.
The public employee failed to deliver to the Town Attorney within 10 calendar days after the time he is served with any summons, complaint, process, notice, demand or pleading, the original or a copy of the same;
f.
The public employee has failed to cooperate fully with the defense.
[Ord. 3/21/90 § 5]
The Town may provide any defense required of it under this section through an attorney from its own staff or by employing other counsel. The Town shall in no event be responsible for costs or attorney's fees incurred by anyone unless it shall have agreed in writing to the terms of this representation.
[Ord. 3/21/90 § 6]
Whenever the Town provides any defense required of it under this section the Town, through counsel, may assume exclusive control over the representation of the public employee and such employee shall cooperate fully with the defense.
[Ord. 3/21/90 § 7]
a.
In any case where the Town is required to provide a defense under this section, the Town shall pay or shall reimburse the public employee for the following:
1.
Any bona fide settlement agreements entered into by the Town on behalf of the employee.
2.
Any judgments entered against the employee including, but not limited to, exemplary or punitive damages resulting from the employee's civil violation of State or Federal law if, in the opinion of the Mayor and Board of Council, the acts committed by the employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.
3.
If the Town has failed, after reasonable notice, to provide such required defense, all costs of defending the action, including reasonable counsel fees and expenses together with costs of any appeal.
b.
In addition, in any case where the Town would be required to provide a defense under this ordinance, except for the fact that such defense is provided for by insurance, the Town shall provide indemnification as aforesaid, but only to the extent not covered by insurance.
c.
Nothing in the section shall authorize the Town to pay for damages resulting from the commission of a crime.
[Ord. 8/4/75 § 1]
Any person claiming payment from the Town of Guttenberg shall first submit a detailed statement of the items or demand necessitating such claim, on forms hereby approved, to the Town Clerk, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct. No bill, claim, or demand shall be considered for payment unless the voucher has attached to it (or includes) a certification of a department head (or other municipal official responsible) or of his duly designated representative, having personal knowledge of the facts, that the goods have been received by, or the services rendered to the Town of Guttenberg, and that those services or goods are consistent with any existing contract or purchase order. The Governing Body shall review and sign all vouchers.
[Ord. 8/4/75 § 2]
The bill or claim duly certified shall be presented the Town Clerk for inclusion in the agenda of the next available formal meeting of the governing body, and it shall be the duty of the Town Clerk to examine all bills or claims submitted for payment in order to ascertain if proper administrative procedures have been followed. All claims or bills to be considered by the governing body shall be considered systematically without preference and the claims or bills shall be made available to every member of the governing body in sufficient time prior to formal action by that body.
[Ord. 8/4/75 § 3]
Claims shall be considered by the governing body which shall approve the same, except that the governing body may reject any claim in whole or in part presented to it, stating the reason for such rejection. Any disapproved claim shall be referred back to the Town Clerk with such instructions as the governing body may give at the time of disapproval.
[Ord. 8/4/75 § 4]
It shall be the duty of the Town Clerk to record all claims in the official minutes or through an appropriate claims register, indicating that the governing body has by formal action approved the same with appropriate record as to any claims disapproved or rejected. All records pertaining to approved and disapproved bills or claims shall be available for public inspection.
[Ord. 8/4/75 § 5]
After the Clerk has certified that the claims have been approved, he shall turn the same over to the chief Financial Officer/Treasurer who shall forthwith prepare the necessary checks for the payment thereof, which checks shall be signed by the Mayor and thereafter signed by the Chief Financial Officer/Treasurer. After preparing checks for the payment of claims, he shall record them in proper books of account and thereafter mail the checks to the claimants.
[Ord. 4/21/55 § 1]
There shall be established, in such institutions as the Mayor and Board of Council shall from time to time designate, a separate payroll bank account of the Town of Guttenberg in the County of Hudson, to be known as the "Personnel Payroll Bank Account" for the purpose of depositing all payroll requirements of the Town of Guttenberg in the County of Hudson, therein, and the disbursement of funds therefrom for personnel payroll purposes, on the basis of certified payrolls and warrants hereinafter provided for.
[Ord. 4/21/55 § 2]
Disbursements are hereby authorized from the "Personnel Payroll Bank Account" by the Chief Financial Officer/Treasurer for payroll purposes on the basis of certified payrolls, and such regulations as the Mayor and Board of Council prescribe.
[Ord. 4/21/55 § 3]
Payroll warrants for these purposes shall be inspected and signed by the Chief Financial Officer/Treasurer, or in his absence or disability, by the Town Clerk. In periods of emergency when both the Chief Financial Officer/Treasurer and Town Clerk are absent or disabled, the payroll warrants shall be signed and inspected by such person as the Mayor and Board of Council shall, by resolution, designate as Acting Treasurer.
[Ord. 4/21/55 § 4]
The certified payrolls and warrants under which such payrolls were paid shall be submitted to the next subsequent meeting of the Mayor and Board of Council for inspection and approval or ratification.
[Ord. #1994-01 § I; Ord. #016/04; Ord. #017/06; Ord. No. 23-2016; Ord. No. 27-2017; Ord. No. 27-2017; amended 9-24-2025 by Ord. No. 26-2025]
A charge shall be made for the following items/services in the amount shown after the item/service:
a.
Accident/incident reports by mail $5.
1.
Incident report written request only: money order - $10 cash and stamp address envelope.
b.
Accident/incident reports by pickup $2.
c.
Real estate license fingerprints $10.
d.
Immigration fingerprints $5.
e.
Taxi license $30.
Taxi license renewal $30 cash
f.
Liquor license $10.
g.
Transfer liquor license $15.
h.
Good conduct letter $15.
i.
Discovery fees for attorneys and insurance companies (first page) $5.
(per add. page) $1.
j.
Pistol purchase permit (State mandated) $2.
k.
Firearms identification card (State mandated) $5.
l.
Security fingerprints $10.
m.
Bus driver license fingerprints $5.
n.
Board of Education fingerprints.
Town resident $5.
Out-of-town resident $10.
o.
(Reserved)
p.
Copy of Zoning Ordinance or Master Plan $25.
q.
Criminal record check $10 cash.
r.
Copy/printing cost to the public for documents obtained at the media center/recreation center/cultural center $0.10 per page.
s.
Placement of temporary no parking restriction: $5, check or cash.
[Ord. #013/02 §§ 1 — 4; Ord. #20-10]
Pursuant to N.J.S.A. 47:1A-1 et seq., the following fees shall apply to members of the public requesting information pursuant to same:
b.
Special Service Charge. If the records requested to be duplicated, inspected or examined cannot be reproduced by ordinary document copying equipment in ordinary size or extraordinary expenditure of time and effort to accommodate the request is needed, in addition to the actual duplicating cost, the requestor shall pay a fee of $20 per hour for the time required to fulfill the request.
c.
Medium for Copying. If the records requested to be duplicated, inspected or examined is requested in a medium not maintained by the Town, in addition to the actual duplicating cost, the requestor shall incur a fee of $50.
d.
Examination of Records. If the requestor of a record requests to examine said record, the requestor shall pay a special service fee of $20 per hour for cost of the custodian safeguarding the same.
[Ord. No. 27-2017; amended 2-27-2023 by Ord. No. 03-2023]
a.
Certified copies of marriage certificates, civil union certificates and domestic partnership may be obtained from the Registrar or Deputy Registrar. The fee for such certificate shall be $15.
b.
There shall be a fee of $25 for any correction to the license or certificates.
c.
For marriage, civil union or domestic partnership ceremonies performed by the Mayor, there shall be a fee of $75 for a ceremony involving a bona fide, current resident of the Town of Guttenberg and there shall be a fee of $125 for a ceremony involving only nonresidents.
[Former § 2-57, An Ordinance Authorizing the Town of Guttenberg to Implement Five-Year Exemption and Abatement Law for Construction Of Multiple Dwellings Within The Town's Rehabilitation Area, was repealed 10-22-2025 by Ord. No. 34-2025. History includes: Ord. No. 07-2017 § 3; Ord. No. 06-19; Ord. No. 10-19; Ord. No. 17-20.]
[Added 5-29-2019 by Ord. No. 04-19]
In 1983, the State of New Jersey (the "State") enacted the Urban Enterprise Zone Program (the "UEZ Program"). On May 11, 1996, State legislation was amended to include certain properties within the Town of Guttenberg (the "Town"), as an urban enterprise zone pursuant to N.J.S.A. 52:27(H)-60 et seq. (the "UEZ Area"). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the "Redevelopment Law"), authorizes municipalities to grant tax exemptions or abatements within an urban enterprise zone in accordance with N.J.S.A. 40A: 12A-5(g). The Five-Year Exemption and Abatement Law, N.J.S.A. 40A:21-1 et seq. (the "Exemption Law") authorizes municipalities to grant exemptions from property taxes for a term not to exceed five years. Pursuant to N.J.S.A. 40A:21-4 and N.J.S.A. 40A:21-7, the Town may exempt new commercial or industrial structures and/or improvements to commercial or industrial structures, or may identify additional eligibility criteria. The Town believes that in order to encourage business development and economic growth, the construction of new commercial structures and/or improvements to commercial structures within the UEZ Area should be granted a short term exemption of property taxes for a term not to exceed five years. The Town believes that the revitalization of the UEZ Area is of great importance to the Town's business and commerce sectors, and the Town as a whole.
[Added 5-29-2019 by Ord. No. 04-19]
All terms utilized in this section not specifically defined herein shall conform to the meanings set forth in the Exemption Law.
[Added 5-29-2019 by Ord. No. 04-19]
The Town hereby determines to utilize the authority granted under Article VIII, Section 1, paragraph 6 of the New Jersey Constitution to establish the eligibility of certain commercial structures and/or improvements for exemptions, as provided in this section and as permitted by the Exemption Law, throughout the UEZ Area. In order to qualify for exemption under this section, any proposed project must be within the UEZ Area and consist of either the construction of a new commercial structure or a new improvement to an existing commercial structure.
[Added 5-29-2019 by Ord. No. 04-19]
a.
Exemptions for Which Application Is Required. The Town hereby determines that any property owner seeking exemption from taxation with respect to the construction of new commercial structures and/or new improvements to an existing commercial structure shall make application to the Town Council in accordance with this section and N.J.S.A. 40A:21-9.
b.
Contents of Application. Applicants for an exemption under this section shall provide the Town Council and the Tax Assessor with the information required by N.J.S.A. 40A:21-9 and any such other pertinent information as the Town may require, including but not limited to that information set forth in Subsection 2-57A.5.
c.
Review and Recommendation by Tax Assessor. Within 60 days of receipt of a complete application pursuant to this section, the Tax Assessor shall review the information provided and shall provide written recommendations to the Town Council with respect to same.
d.
Action by Town Council. After receipt of the Tax Assessor's recommendations, the Town Council shall determine whether to grant an exemption for improvements to a commercial structure or enter into a tax agreement with respect to the construction of a new commercial structure, all in accordance with the terms of the Exemption Law, including, but not limited to, N.J.S.A. 40A:21-7, N.J.S.A. 40A:21-9 and N.J.S.A. 40A:21-10.
e.
Terms of Exemption.
1.
If the Town Council shall determine to grant an exemption for improvements to a commercial structure, then, in accordance with N.J.S.A. 40A:21-7, in determining the value of such real property, the Town shall regard up to the assessor's full and true value of the improvements as not increasing the value of the property for a period of five years, notwithstanding that the value of the property to which the improvements are made is increased thereby.
2.
If the Town Council shall determine to grant an exemption with respect to the construction of new commercial structures, the terms of such exemption shall be as set forth in a tax agreement in accordance with N.J.S.A. 40A:21-10.
[Added 5-29-2019 by Ord. No. 04-19]
Applicants for an exemption under this section shall provide the Tax Assessor with the following information:
a.
A general description of the project for which exemption is sought, and an estimated schedule of completion for the project;
b.
A legal description of all real estate necessary for the project;
c.
Plans, drawings and other documents as may be required by the Town Council to demonstrate the structure and design of the project;
d.
A description of the number, classes and type of employees to be employed at the project site within two years of completion of the project;
e.
A statement of the reasons for seeking an exemption on the project, and a description of the benefits to be realized by the Town and the property owner if an exemption is granted;
f.
Estimates of the cost of completing the project;
g.
A statement showing.
1.
The real property taxes currently being assessed at the project site;
2.
Estimated tax payments that would be made annually by the property owner with respect to the project during the period of the exemption, and
3.
Estimated tax payments that would be made by the property owner with respect to the project during the first full year following the termination of the exemption;
h.
A description of how the business will maintain or provide gainful employment within the Town, assist in the economic development of the Town, maintain or increase the tax base of the Town and maintain or diversify and expand commerce within the municipality;
j.
Such other pertinent information as the Town may require.
[Added 5-29-2019 by Ord. No. 04-19]
The Town hereby determines that an additional improvement or construction completed on a property already granted a previous exemption pursuant to this section during the period in which the previous exemption is in effect, shall be eligible to qualify for an additional exemption under the standards identified in this section. The additional improvement or construction shall be considered as separate for purposes of calculating the exemption, except that the assessed value of any previous improvement or construction shall be added to the assessed valuation as it was prior to that improvement or construction for the purpose of determining the assessed value of the property for which any additional exemption is to be subtracted.
[Added 5-29-2019 by Ord. No. 04-19]
No exemption shall be granted pursuant to this section with respect to any property for which real estate taxes or other municipal charges are delinquent or remain unpaid, or for which penalties and interest for non-payment of taxes are due.
[Added 5-29-2019 by Ord. No. 04-19]
In the event that the Town implements a revaluation or reassessment during the exemption period for any property, any exemptions granted hereunder shall continue to apply but at a valuation level consistent with such revaluation or reassessment.
[Added 5-29-2019 by Ord. No. 04-19]
The granting of an exemption for a particular property shall not prejudice the right of the Town to appropriately examine and revise the assessment during the five-year exemption period in the event the base assessment is found to be improperly valued and assessed.
[Added 5-29-2019 by Ord. No. 04-19]
Upon final passage and publication, this section shall take effect as provided by law, and shall authorize the Town to grant exemptions up to a five-year period in duration. This section shall lapse, unless readopted, on January 1, 2028, and no exemptions shall be granted after January 1, 2028, without such readoption.
[Added 5-29-2019 by Ord. No. 04-19]
On April 24, 2017, the Town adopted Ordinance 07-17, authorizing certain tax exemptions with respect to residential construction. This section supplements Ordinance 07-17, which continues in full force and effect.
Editor's Note: Ord. No. 07-17 is codified at Section 2-57.
[Ord. No. 22-2018]
a.
The Town of Guttenberg publicly declares its intent to become an aggregator of electric power on behalf of its residential users of electricity pursuant to the Government Energy Act of 2003, N.J.S.A. 48:3-91.3 to - 98, and implementing regulations.
b.
The Town of Guttenberg will utilize approved vendors, Commercial Utility Consultants, Inc., pursuant to the NJ E-PROCUREMENT Pilot program (P.L. 2001, c. 30) under the NJ Department of Community Affairs. The Reverse Energy auction will seek bids from licensed and appropriate third party suppliers. If such winning bid is selected and agreement executed, individual residential consumers would retain the option not to participate and to choose any alternatives they desire.
c.
The Mayor and/or Town Administrator are hereby authorized and directed to execute any documents necessary to carry out the purpose of this section.
[Added 4-24-2023 by Ord. No. 09-2023]
a.
The Town Administrator shall from time to time post "TOWN OF GUTTENBERG STANDARD GOODS AND SERVICES CONTRACT TERMS" ("Standard Contract Terms") on the Town's website containing standard contract terms approved by the Mayor and Council by resolution.
b.
To the extent they may be applicable, the Standard Contract Terms shall apply to all contracts whether formal or informal, whether awarded by the Town Council or not, between the Town of Guttenberg and vendors of goods and services, and are deemed accepted by a vendor each time an order or request for a good and service is accepted by a vendor, a delivery of goods and services is made without a contact, or a payment voucher is submitted for payment to the Town of Guttenberg for goods and services, whether or not goods and services are furnished prior to the submission of a voucher for the payment thereof, unless specifically waived by the Town.
c.
Each voucher and/ or purchaser as the Town Administrator may determine shall contain the following text in the statement signed by a vendor: "I HAVE READ AND UNDERSTOOD THE TERMS OF THE "TOWN OF GUTTENBERG'S STANDARD CONTRACT TERMS" FOUND ON THE TOWN'S WEBSITE, EACH INCORPORATED HEREIN AS IF SET FORTH AT LENGTH, AND THAT WE SPECIFICALLY CERTIFY AS TO ALL CERTIFICATIONS CONTAINED THEREIN."
As used in this section, the following terms shall have the meanings indicated:
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 United States 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 State Council on Affordable Housing (COAH).
A worker who participates in a federally approved apprenticeship program or, as an apprentice equivalent, participates in a federally approved training program, takes a construction apprenticeship test, and receives benefits and pay not less than those received by an apprentice.
A registered apprenticeship program operated by a labor organization engaged in the construction industry 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 apprenticeable 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.
The recipient of a tax exemption or abatement for a tax abatement project or the awardee of a public construction contract for a Public Works project, and/or their contractors, subcontractors or agents.
An organization which represents, for purposes of collective bargaining, employees involved in the performance of Public Works projects or tax abatement projects and eligible to be paid prevailing wages under the New Jersey Prevailing Wage Act, P.L. 1963, c. 150 (N.J.S.A. 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 Town of Guttenberg or the developer, as relevant to the situation.
Any entity that is organized as a nonprofit or not-for-profit entity, corporate or otherwise, or a governmental entity.
The determination by the Town of Guttenberg 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 pre-hire collective bargaining agreement between a labor organization and the Town of Guttenberg or a developer, as the situation dictates, that contains at a minimum the requirements set forth in this section, which cover the terms and conditions of a specific project.
Any Public Works project for the construction, reconstruction, demolition or renovation of buildings entered into by the Town using public funds, for which:
It is required by law that workers be paid the prevailing wage determined by the State 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.); and
The total estimated cost of the project, exclusive of any land acquisition costs, will equal or exceed $5,000,000.
A project that has an estimated total construction cost that is equal to or exceeds $5,000,000, exclusive of any land acquisition costs, for which the Town has granted a tax abatement pursuant to the Long Term Tax Exemption Act, N.J.S.A. 40A:20-1 et seq. However, any project that is being undertaken by a not-for-profit organization or which shall contain more that 50% affordable housing units shall be excluded.
The Town or the Town Administrator and/or her/his designee.
The individual designated by the Town to provide services in support of the contractors', subcontractors' or agents' local, minority, and women hiring goals.
All tax abatement 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 Town Administrator determines, taking into consideration the amount of Town 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 nonutilization of steel, that a project labor agreement is not appropriate. In all cases, the project labor agreement must advance the interests of the Town of Guttenberg, including labor cost savings, efficiency, quality, safety, timeliness, skilled labor force, labor stability, predictability of workflow, safety, and consistent with and following the State of New Jersey's own policy to advance minority- and women-owned businesses as provided under state law, regulations, and executive orders.
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.:
a.
General Terms.
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 a Public Works project or tax abatement project in all relevant project documents, including bid specifications.
4.
Evidence that each contractor and subcontractor working on a Public Works project or tax abatement 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 Guttenberg residents. However, if the labor organization can demonstrate in writing it made good faith efforts to increase enrollment of Guttenberg residents in their apprenticeship programs but, despite these good faith efforts, 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 Town, the labor organization will provide the Town with a list of all Guttenberg residents enrolled in their apprenticeship programs.
6.
Conformity with all statutes, regulations, executive orders and applicable Town 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 Guttenberg 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 tax abatement 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 engaged in the construction industry and the Town 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 a10 of this subsection and provide that the use of those resources be administered jointly by the participating labor organizations engaged in the construction industry and the Town, or the developer or the community-based organizations selected by the Town or the developer.
12.
Require the Town 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 Town to make public, or have the State agency make public, all records of monitoring conducted pursuant to this subsection.
b.
A requirement that developers and labor organizations engaged in the construction industry complete the following pre-construction actions:
1.
Pre-Construction Meeting. Not less than 90 days prior to the commencement of construction, the developer will meet with the Town Administrator and/or her/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 Town 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 Guttenberg and outreach via other media, such as cable television, the internet, 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 Town 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, and women 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 Guttenberg residents and at least 30% of all project work hours will be performed by minorities and/or women. A contractor or subcontractor shall not be subject to enforcement actions for violations of this section if that contractor or subcontractor can demonstrate that it made good faith efforts to comply with same. For the purposes of this section, "good faith efforts" for a contractor or subcontractor shall, at a minimum, include compliance with the following:
1.
Entry into a project labor agreement and obtaining letters of assent from each contractor and subcontractor.
2.
Convene pre-bid and pre-construction meetings to educate construction managers and subcontractors about the local, minority, and women hiring goals.
3.
Cooperate with Town representative. The Contractor shall cooperate with the Town representative designated by the Town. Among other things, the Town 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 Guttenberg residents by trade and confirm their residence in Guttenberg;
(c)
Assist contractors with reporting by working with contractors and the Town where appropriate.
4.
Regularly contacting and documenting of contact with Town representative, and providing certified payroll and other records on a regular basis to the Town representative.
5.
Use and documenting use of Town-approved craft request forms sent to both unions and the Town 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 the Town representative prompt and willing access to documentation of all of the above activities and to the work site if requested.
The project labor agreement shall require the submission of the following reports to the Town 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 Guttenberg 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 shall list the names of all persons who were accepted in to the Apprenticeship Program.
e.
Other Reports. The developer or labor organization shall immediately furnish such reports or other documents to the Town as the Town 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 Town upon 10 days' prior written notices.
g.
Site Access. Officials, employees and representatives of the Town 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.
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 Town shall be permitted to seek the following remedies for the failure to comply with this section, which remedies shall also be included in the project labor agreement:
a.
Inter-Agency Cooperation. The Town and the labor organization will solicit the support of the Town of Guttenberg Board of Education; colleges, vocational schools, and other educational institutions located within Guttenberg; the Guttenberg Housing Authority; and other Guttenberg-based organizations to maximize individuals' participation in the apprenticeship program among eligible Guttenberg residents.
b.
Preparatory Services. The Town and the labor organization 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 driver's 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 Town shall have the right to supervise pre-apprenticeship programs that may be operated by labor organizations engaged in the construction industry sponsoring apprenticeship programs and shall retain authority to review and approve the curriculum and procedures used to recruit and select participants.
a.
The Town shall include language requiring compliance with this section in all financial agreements and other documents approved by the Town that provide a tax abatement.
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.