[HISTORY: Adopted by the Council of the Township of Montclair 3-14-2006 by Ord. No. 06-10. Amendments noted where applicable.]
Every construction contract entered into by the Township of Montclair, and every contract for the purchase of goods and services entered into by the Township for which the consideration exceeds the threshold for public bidding established in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-3, shall include the affirmative action language required by N.J.A.C. 17:27 and set forth therein.
The Township shall require that every vendor, contractor or other firm or entity to whom a contract is awarded which falls within the criteria set forth in § 8-1 of this chapter must, within 14 days after notification of the award and prior to execution of the contract, certify compliance with the applicable affirmative action requirements of N.J.A.C. 17:27. If the vendor, contractor or other firm or entity fails to certify compliance within the required period, and the required certification is not provided within 10 days after written notice from the Township, the Township shall rescind the award and may, subject to any applicable requirements of the Local Public Contracts Law or other legal requirements, award the contract to the next lowest responsible bidder that certifies compliance with the Affirmative Action requirements of N.J.A.C. 17:27.
If any vendor, contractor or other firm or entity awarded a contract with the Township of Montclair which falls within the criteria set forth in § 8-1 of this chapter is subsequently found to be in violation of the affirmative action regulations set forth in N.J.A.C. 17:27 or this chapter at any time during the performance of said contract, the Township shall (except in emergent circumstances affecting public health, safety or welfare) withhold all or part of the contract payments then due and owing to said vendor, contractor, firm or entity until the violation has been satisfactorily remedied and compliance has been confirmed by the Township's Affirmative Action Officer.
The Township shall also withhold payment (to the extent required by applicable law) from any contractor on a Township construction or other project where it has been determined that the contractor has failed or refused to pay a minority subcontractor (including any women's business enterprise) for work performed and accepted or for goods or services provided and accepted and where the affected subcontractor has complied with the requirements of the Municipal Mechanics' Lien Law, N.J.S.A. 2A:44-125 et seq. or the Trust Fund Act, N.J.S.A. 2A:44-148.
In the event of any conflict or inconsistency between any provision of this chapter and the requirements of N.J.A.C. 17:27 et seq. which would render said provision illegal or unenforceable, the requirements of N.J.A.C. 17:27 et seq. shall prevail. If any section of this chapter is determined to be invalid for any reason, such determination shall not affect the validity of the remaining sections of this chapter.
This chapter shall take effect upon final adoption and publication as required by law.