A.
Goals.
(2)
The Affirmative Action Review Council shall waive the provisions of § 14-10A(1)(b), if it determines the following:
[Added 9-12-1985 by Ord. No. MC-2161]
(a)
The developer or contractor, either by itself or in cooperation
with another subcontractor, organization, association or entity, will
participate in an approved training program that includes a reasonable
number of Camden City residents.
(b)
The developer or contractor shall ensure that a reasonable number
of Camden City resident trainees participating in the approved training
program will be employed in the project. In determining whether the
number is reasonable, the Affirmative Action Review Council shall
consider the size of the project and the skills of the workers who
will be used in the project and the level of skills and qualifications
of the trainees, the number of available training positions which
can be filled by Camden City residents and whether Camden City residents
who are trainees are employed elsewhere through the training program.
(c)
The training program is one that is designed to lead to permanent
employment opportunities in the construction industry for Camden City
residents after considering:
[1]
The number of trainee participants.
[2]
The nature and level of the skills to be taught to trainees.
[3]
The quality of instruction to be given to trainees.
[4]
The probability of trainees being admitted to membership in
a construction trade union.
[5]
Any other factors deemed relevant by the Council.
(d)
Each waiver will be trade specific and will not apply to any
developer, contractor or subcontractor engaged in work in a particular
trade where either the developer, contractor or subcontractor is not
participating in an approved training program encompassing that trade.
B.
Applications for approval of the training program, pursuant to § 14-10A(2), may be made to the Affirmative Action Review Council by the developer, contractor or subcontractor or the person, organization, association or entity actually conducting the program. In the case of training programs designed to train City residents on a continuing basis, the Affirmative Action Review Council may evaluate and approve a program or programs designed to serve more than one project. The approval, if granted, shall continue in effect unless specifically revoked by the Affirmative Action Review Council; provided, however, the Affirmative Action Review Council shall, from time to time, require the person or organization providing the training program to submit proof that the training program continues to satisfy the criteria set forth in § 14-10A(2)(c). If a developer, contractor or subcontractor elects to participate in a previously approved training program, he need only demonstrate compliance with § 14-10A(2)(a) and (b) as long as the approval of the training program continues. Programs not submitted for approval as continuous programs shall continue to be approved as long as they comply with the requirements of § 14-10A(2)(c), but, in any event, the approval granted shall continue no longer than the completion of the project for which it is specifically granted.
[Added 9-12-1985 by Ord. No. MC-2161]
C.
The Affirmative Action Review Council shall have the sole authority to grant or revoke the approval of a training program for purposes of § 14-10A(2).
[Added 9-12-1985 by Ord. No. MC-2161]
D.
When work is completed, in the event that the City has determined
that a contractor or subcontractor was not compliant in the fulfillment
of the requirement of this chapter concerning the work hours performed
by actual Camden residents or has failed to report in the manner as
indicated above, the City will thereby be damaged in the failure to
provide the benefit of demonstrable employment to Camden residents
to the degree required in this chapter.
[Added 9-12-1985 by Ord. No. MC-2161; amended 10-10-1985 by Ord. No.
MC-2168]
(1)
In such case of noncompliance, a percentage of the base bid price
for the contract shall be surrendered by the contractor to the City
in payment for each percentage of shortfall toward the resident employment
requirement of this chapter as follows:
(a)
From the first $50,000 of the contract: 0.002 of the contract
price for each percentage of shortfall.
(b)
From any part of the contract price over $50,000 but less than
$100,000: 0.0015 of the contract price for each percentage of shortfall.
(c)
From any part of the contract price in excess of $100,000 but
less than $500,000: 0.001 of the contract price for each percentage
of shortfall.
(d)
From any part of the contract price in excess of $500,000: 0.0005
of the contract price for each percentage of shortfall.
(2)
Failure to report the residency of employees entirely and correctly
shall result in the surrender of the entire liquidated damages as
if no Camden resident were employed. Any moneys received by the City
on account of liquidated damages shall be used to provide training,
work experience and summer employment for Camden City residents.
[Added 9-11-2018 by Ord. No. MC-5142]
A.
Contracts that have been deemed "emergency contracts" by the Business
Administrator, pursuant to N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1,
which are in excess of $50,000, shall not be subject to the provisions
of this chapter for work performed under the provisions of the emergency
contract.
To the extent practicable, the goals set forth in § 14-10 shall apply to each and every trade, craft or skill employed to perform the construction contract and shall be reflected throughout the various levels of employment within each trade, craft or skill; however, in no event shall the total work hours furnished by minority workers and City residents be less than the goals established in § 14-10.
In determining the total work hours to be furnished at the construction
site, there shall be included the number of hours devoted to all tasks
customarily performed on a construction site, whether or not such
tasks are, in fact, performed on the construction site.
