[Adopted 4-9-2013 by Ord. No. MC-4739]
As used in this article, the following terms shall have the
meanings indicated:
AFFORDABLE HOUSING
Housing that is restricted for occupancy and affordable to
households with incomes no greater than 80% of area median income
by family size as established by the U.S. Department of Housing and
Urban Development (HUD) including, but not limited to, housing that
is funded by HUD, Section 42 of the Internal Revenue Code or which
is covered and regulated by the State Council on Affordable Housing
(COAH).
APPRENTICE
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.
APPRENTICESHIP PROGRAM
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.
CITY OF CAMDEN
The City or the Business Administrator and/or her/his designee.
CITY REPRESENTATIVE
The individual designated by the City to provide services
in support of the contractors', subcontractors' or agents' local,
minority, and women hiring goals.
DEVELOPER
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.
LABOR ORGANIZATION
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 article
and the enabling statute (N.J.S.A. 52:38-1 et seq.) and any plan mutually
agreed upon by the labor organization and the City of Camden or the
developer, as relevant to the situation.
NOT-FOR-PROFIT
Any entity that is organized as a nonprofit or not-for-profit
entity, corporate or otherwise, or a governmental entity.
PROJECT COMPLETION
The determination by the City of Camden that the project,
in whole or in part, is ready for the use intended, which ordinarily
shall mean the date on which the project receives its final certificate
of occupancy.
PROJECT LABOR AGREEMENT
A pre-hire collective bargaining agreement between a labor
organization and the City of Camden or a developer, as the situation
dictates, that contains at a minimum the requirements set forth in
this article, which cover the terms and conditions of a specific project.
PUBLIC WORKS PROJECT
Any Public Works project for the construction, reconstruction,
demolition or renovation of buildings entered into by the City using
public funds, for which:
A.
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
B.
The total estimated cost of the project, exclusive of any land
acquisition costs, will equal or exceed $5,000,000.
TAX ABATEMENT PROJECT
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 City 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.
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 article, unless the Business Administrator determines, taking
into consideration the amount of City financial resources required
and the increased cost and feasibility challenges that would result
to the project, the nature, phasing, size and complexity of the project,
including the height of the buildings, the presence or absence of
elevators and the utilization or nonutilization of steel, that a project
labor agreement is not appropriate. In all cases, the project labor
agreement must advance the interests of the City of Camden, 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 article 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 Camden residents.
However, if the labor organization can demonstrate in writing it made
good faith efforts to increase enrollment of Camden 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 City, the labor organization
will provide the City with a list of all Camden residents enrolled
in their apprenticeship programs.
(6) Conformity with all statutes, regulations, executive orders and applicable
City ordinances regarding the implementation of affirmative action
requirements for women- and minority-owned businesses, the obligation
to comply with which shall be expressly provided for in the project
labor agreement.
(7) State that contractors and subcontractors need not be a party to
a labor agreement with the applicable labor organization other than
for the project covered by the project labor agreement.
(8) If applicable, require that each contractor agree to be monitored
by a New Jersey State and federal agency to ensure that minorities,
women or economically disadvantaged persons are afforded the opportunities
to participate in apprenticeship programs, which result in the placement
of apprentices on the project.
(9) State that any and all Camden 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 City
or the developer, which will own the facilities, which are built,
altered or repaired, provided that any shares mutually agreed upon
pursuant to this subsection shall equal or exceed the requirements
of other statutes, regulations, executive orders or local ordinances.
(11)
Require the contract to provide whatever resources may be needed to prepare for apprenticeship a number of women and minority members sufficient to enable compliance with the plan agreed upon pursuant to Subsection
A(10) of this section and provide that the use of those resources be administered jointly by the participating labor organizations engaged in the construction industry and the City, or the developer or the community-based organizations selected by the City or the developer.
(12)
Require the City to monitor, or arrange to have a state agency
monitor, the amount and share of work done on the project by minority
group members and women and the progression of minority group members
and women into apprentice and journey worker positions and require
the City to make public, or have the State agency make public, all
records of monitoring conducted pursuant to this subsection.
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 Business 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
City with the projected availability and trades of eligible apprentices,
who are projected to be available to work on the project.
(2) Advertisement. Not less than 60 days prior to the commencement of
construction, the labor organization
will advertise in two newspapers regularly published and distributed
in Camden and outreach via other media, such as cable television,
the internet, and/or radio. The advertisement will solicit apprenticeship
applications for the labor organization's apprenticeship program,
describe the basic requirements for admission, describe the job training
and set for the range of salaries.
(3) Job fairs. The developer and the labor organization will jointly
participate in at least two job fairs to be held at a location to
be provided by the City in order to explain the apprenticeship programs
and solicit applications from attendees. Each participating developer
shall pay a pro rata share of the costs of each job fair.
C. A requirement for local, minority, 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 Camden 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 City representative. The Contractor shall cooperate
with the City representative designated by the City. Among other things,
the City representative will:
(a)
Establish a point of contact to provide information about available
job opportunities;
(b)
Develop and maintain an up-to-date list of qualified Camden
residents by trade and confirm their residence in Camden;
(c)
Assist contractors with reporting by working with contractors
and the City where appropriate.
(4) Regularly contacting and documenting of contact with City representative,
and providing certified payroll and other records on a regular basis
to the City representative.
(5) Use and documenting use of City-approved craft request forms sent
to both unions and the City representative. "Craft request form" means
a document through which contractors shall request workers from unions.
(6) Requesting local, minority and women hires from union hiring halls.
(7) Documenting reasons for not hiring referred candidates from target
populations, if applicable.
(8) Allowing the City 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 Business Administrator on the 15th day
of each month for the previous month, for each year of construction
until project completion.
A. Manning report. The developer's report will accurately reflect
the total hours in each construction trade or craft, and will list
separately the work hours performed by City residents, including a
list of minority resident and women resident workers in each trade
or craft, by such employees of the contractor and each of its subcontractors
during the previous quarter.
B. Certified payroll report. The developer's report that will specify
the residence, gender and ethnic/racial origin of each worker, work
hours and the rate of pay and benefits provided.
C. Equal employment opportunity reports. The labor organization's
Local Union Report (EEO-3) and Apprenticeship Information Report (EEO-2),
which are required to be filed with the US 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 City as the City may
reasonably request from time to time in order to carry out the purposes
of this article.
F. Records. Records to support the work hours stated in the above reports
must be maintained for a period of three years after project completion.
All records shall be made available to the City upon 10 days' prior
written notices.
G. Site access. Officials, employees and representatives of the City
shall be permitted to have appropriate access to all work sites and
to all applicable records in order to monitor compliance with the
provisions of this article.
In the event of default, the developer shall be provided with
a written notice of default allowing the developer 10 days to cure
the default. Should the developer fail to cure, then in addition to
any other remedies available at law or in equity including termination,
the City shall be permitted to seek the following remedies for the
failure to comply with this article, which remedies shall also be
included in the project labor agreement.
A. Suspending or terminating the contract, grant, subsidy agreement
or tax abatement agreement in question.
B. For Public Works projects, debarring the developer, contractor or
subcontractor from eligibility for future City contracts.
C. Such other remedies available at law or in equity.