[HISTORY: Adopted by the City Council of
the City of East Orange 2-22-1982 by Ord. No. 7-1982.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administrative organization — See Ch. 5.
Project labor agreement — See Ch. 8A.
Personnel policies — See Ch. 60.
Purchasing and contracting — See Ch. 68.
[1]
Editor's Note: This ordinance also repealed former Ch. 8,
Affirmative Action Program, adopted 5-29-1979 by Ord. No. 24-1979.
It is the public policy of the City of East
Orange to provide equal employment and business opportunity for all
persons, partnerships, companies and corporations and to prohibit
discrimination in employment and business practices because of race,
color, religion, sex, ancestry or national origin, and to promote
the full realization of equal employment and business opportunity
through a positive and continuing program within each department,
division, agency or component of the City of East Orange. This policy
of equal employment and business opportunity shall apply to every
contractor, subcontractor or bidder holding or seeking a public contract
with the City of East Orange. It also is intended to provide minority
businesses in the City of East Orange equal opportunity to participate
in the filling of the City of East Orange's nonbid purchase orders
up to the legal nonbid limit of $17,500. The policy of equal employment
opportunity applies to every aspect of municipal employment policy
and practice.
As used in this chapter, the following terms
shall have the meanings indicated:
A worker who has experience and skills used in construction
work, but lacks the skills to be qualified as a journeyman and is
classified by the Review Council or a subcommittee thereof as an "advanced
trainee."
An applicant for employment who does not possess the qualification
for entrance into an apprenticeship program, but demonstrates an interest
in pursuing a craft in the construction industry and is classified
by the Review Council or a subcommittee thereof as a "basic trainee."
Any person, partnership, corporation, association or joint
venture who has submitted prescribed bid documents to the City of
East Orange seeking award of a public contract.
The City of East Orange, a municipal corporation.
Construction approved by the City Council and the Mayor,
be it construction on tax-abated projects or any construction within
the City receiving state, federal or city funds.
Any public contract for the construction, rehabilitation,
alteration, conversion, extension or repair of buildings, sidewalks,
grounds, parking lots, or other improvements to real property.
Includes any person, partnership, corporation, association
or joint venture seeking to be awarded a City of East Orange contract,
and includes every subcontractor under such contract.
An individual who is the head of any department, division,
agency or component of the City of East Orange.
A public officer of a state or municipal corporation charged
with City duties in relation to the fiscal affairs of the same. His
principal duties are to examine and audit collections of the public
money, to complete records and report the financial situation from
time to time.[1]
Distinguishing, differentiating, separating on the basis
of race, color, religion, sex, ancestry or national origin.
Shall not include any individual employed by his parents,
spouse or child, or in the domestic service of any person.
Any black, Spanish surname, Oriental, American Indian and
woman.
Any public contract let for construction or purchase of material
without the taking of bids in accordance with law.
A public, private or nonprofit corporation which supplies
off-site training to minority individuals who are receiving on-site
training pursuant to the various affirmative action programs in Essex
County.
Includes one or more individuals, partnerships, associations,
organizations, corporations, labor organizations, legal representatives
and other organized groups of persons.
The statistical minority/nonminority man-hour utilization
in the trade classifications of the contractor and subcontractors.
Any contract awarded by the City of East Orange for work,
labor, services, supplies, equipment, materials or any combination
of the foregoing.
The Affirmative Action Review Council as constituted under
this chapter.
Includes any person, partnership, corporation, association
or joint venture which supplies any of the work, labor, services,
supplies, equipment, materials or any combination of the foregoing
under a contract with the contractor.
The head of each department and agency in the City of East Orange shall establish and maintain a positive program of equal employment opportunity for all employees and applicants for employment within his/her jurisdiction in accordance with the policy set forth in § 8-1.
There shall be and there is hereby established
the position of Compliance Officer with all personnel deemed necessary
to effectively implement the purpose of this chapter. The Compliance
Office shall serve as Review Council staff. The Compliance Officer
shall be appointed by the Mayor and confirmed by the City Council
for a term coterminous with the office of Mayor. The Compliance Officer
shall work under the direction of the Mayor and shall administer the
City's Affirmative Action Ordinance; establish procedures to effectuate
the ordinance; convene the Review Council, which shall conduct hearings
relative to violations of the ordinance; and recommend to the Review
Council determinations as to compliance with said ordinance. He/she
shall have at his/her disposal the resources of the City's several
departments and other independent agencies which may be under contract
with the City. The Compliance Officer must be consulted in the review
and evaluation of any contracts or documents submitted by bidders
before the award of any contract is made.
There is hereby created an Affirmative Action
Review Council. The Affirmative Action Review Council is to consist
of not less than nine members, who shall be appointed by the Mayor
and confirmed by the City Council. Members of the Review Council shall
serve a two-year term without pay or other financial compensation.
Those appointed shall include representatives from the following groups:
the community at large; construction trade unions; building contractors;
City officials and the City Compliance Officer. The majority of the
members of the Review Council shall be members of minority groups
as defined herein.
A.
The Review Council may be consulted by the City Council
in the evaluation of documents submitted by bidders before the award
of any contract for the purpose of determining whether the bidder
has met the requirements of these conditions ("responsive"/"nonresponsive").
B.
The Compliance Office/Review Council will receive
referrals of journeymen, trainees and laborers, primarily from the
East Orange Manpower Project and other agencies, and shall determine
the qualifications and classify persons as journeymen, advanced trainees
and basic trainees for the purpose of applying the provisions herein.
Individuals shall be determined qualified for employment as journeymen,
advanced trainees and basic trainees, solely on the basis of experience,
on-the-job evaluation and performance examination.
C.
The Review Council will evaluate the contractor's performance as to minority utilization, seek good faith compliance and, as necessary, initiate proceedings independently or upon recommendation by the Compliance Officer. Proceedings to secure good faith compliance shall be as prescribed per § 8-18.
D.
The Review Council shall periodically report to the
City Council and make such recommendations through its Council liaison
as it deems necessary, including recommendations with reference to
bids.
E.
The Review Council shall have such other duties in
addition to those described herein.
The City shall submit to all contractors and subcontractors a copy of this Affirmative Action Ordinance and shall make this chapter part of the project specifications in all contracts in excess of $17,500. It shall be required that when submitting a bid the contractor must certify that he will comply with this chapter. Before the award of any subcontract or approval of any subcontract being let by the contractor, said contractor will be required to submit such statements of compliance for each potential subcontractor and union statements from the union which have collective bargaining agreements with each subcontractor as required by § 8-8 herein. If no such statement is obtained, the contractor must submit documentation of his/her efforts to obtain such statements whether they involve the unions that he/she has contracts with or the unions having relationships with the potential subcontractor.
The following language shall be used in construction
contracts:
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"During the performance of this contract, the
contractor agrees as follows:
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A.
The contractor or subcontractor, where applicable,
will not discriminate against any employee or applicant for employment
because of age, race, creed, color, national origin, ancestry, marital
status or sex. The contractor will take affirmative action to ensure
that minority applicants are recruited and employed and that employees
are treated during employment without regard to their age, race, creed,
color, national origin, ancestry, marital status or sex. Such action
shall include but not be limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post
in conspicuous places available to employees and applicants for employment
notices, to be provided by the Public Agency Compliance Officer, setting
forth provisions of this nondiscrimination clause.
B.
The contractor or subcontractor, where applicable,
shall in all solicitations or advertisements for employees placed
by or on behalf of the contractor state that all qualified applicants
will receive consideration for employment without regard to age, race,
creed, color, national origin, ancestry, marital status or sex.
C.
The contractor or subcontractor, where applicable,
shall send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding
a notice, to be provided by the Public Agency Compliance Officer,
advising the labor union or workers' representative of the contractor's
commitments under this act and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
In all advertisements or solicitations of construction
contract bids, the following language shall be used: "Bidders are
required to comply with the requirements of P.L. 1975, c. 127."
On construction contracts of $2,500,000 or more,
1/2 of 1% of the total construction cost shall be set aside for minority
outreach and training. If there are no compliance problems, this money
need not be used and may be reallocated as determined by the Compliance
Officer/Review Council. None of these funds, however, may be used
to pay the salaries of trainees. The funds should be for outreach,
referrals and training of minorities. Also, if this funding requirement
threatens the feasibility of a project, the New Jersey State Affirmative
Action Office may waive some or all of this one-half-percent funding
requirement.
All public contracts hereinafter entered into
by the City of East Orange shall incorporate an equal employment opportunity
clause, which shall read as follows:
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"Appendix A: Equal Employment Opportunity
Affidavit
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A.
The contractor in hiring for each job shall provide
maximum opportunities for employment in all phases of the construction
to persons who reside in the City of East Orange. In addition, the
contractor in hiring for each job shall make every effort to employ
persons residing within the geographical jurisdiction of the appropriate
union in order to ensure that persons employed on the project will
be brought permanently into the construction industry labor force
in the area.
B.
The contractor shall not discriminate against employees
and applicants for employment on the grounds of union membership,
race, color, religion, sex or national origin.
C.
The contractor must make a good faith effort to meet
the goal of minority journeymen utilization in the performance of
his/her contract, whether or not the work is subcontracted.
D.
The goals of this Affirmative Action Program in the
trades listed below shall be within the following ranges:
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Trade Description
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Minimum Goals of Minority Journeymen Utilization
and Laborers
(percent)
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Bricklayers
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35% to 50%
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Carpenters
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35% to 50%
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Cement finishers
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35% to 50%
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Electricians
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35% to 50%
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Elevator constructors
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35% to 50%
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Glaziers
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35% to 50%
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Insulators
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35% to 50%
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Ironworkers
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35% to 50%
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Lathers
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35% to 50%
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Operating engineers
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35% to 50%
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Painters
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35% to 50%
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Plasterers
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35% to 50%
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Plumbing/pipefitters
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35% to 50%
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Steamfitters
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35% to 50%
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Roofers
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35% to 50%
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Sheetmetal workers
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35% to 50%
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Sprinkler fitters
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35% to 50%
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Laborers
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35% to 50%
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The contractor will submit with his/her bid,
projection of minority journeymen utilization in the trades and as
laborers, specified above in the performance manpower utilization
program.
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These goals shall be applicable whether or not
the work is subcontracted.
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The above goals are to be expressed in terms
of man-hours to be worked by minority journeymen, trainees and laborers
during the performance of the contract and must be substantially uniform
throughout the duration of the contract.
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E.
The contractor will make every good faith effort to
reach a goal of 50% minority group apprentices on the job in each
trade listed in this section in which apprentices are employed and
shall hold each of his/her subcontractors to this requirement.
F.
The contractor will cooperate with the Compliance
Officer in providing on-site training for persons employed on the
construction site and will provide on-site opportunities to basic,
advanced trainees and laborers referred to him/her by the Compliance
Office. Each trainee will be excused from work one day each week in
order to receive off-site training. The Review Council may retain
outside training service for the purpose of supplying off-site training
to minority trainees referred to in this chapter. The Review Council
is also empowered to approve equivalent training programs from any
sources. The total cost of the on- and off-site training program,
including fringe benefits, will be paid by the contractor.
G.
The contractor shall not be required to employ more
trainees than the number permissible under the apprentices-to-journeymen
employment ratio specified in the applicable collective bargaining
agreement, the established ratio in the trade, or by industry usage
in the area, provided that no ratio requiring the employment of more
than five journeymen for each apprentice shall be applicable where
the employment of minority group apprentices and trainees is necessary
in order to permit the contractor to meet obligations under these
conditions.
H.
Criteria for measuring good faith:
(1)
The
contractor will consider, for employment as journeymen, basic trainees
and advanced trainees, laborers and persons referred to him/her primarily
by the East Orange Manpower Project, and secondarily the Minority
Group Journeymen Referral Service, who have been classified by the
Review Council. If the contractor does not employ any person so referred,
he/she shall submit a written explanation by the close of the day
to the City Compliance Officer.
(2)
Nothing
contained in this chapter shall preclude the contractor from complying
with the hiring hall or apprenticeship provisions in any applicable
collective bargaining agreement or hiring hall arrangement, and where
required by custom or agreement, he/she shall send journeymen, trainees
and laborers to the union for referral, or to the apprenticeship program
for admission, pursuant to such agreement or arrangement. However,
where the practices of a union or apprenticeship program will result
in the exclusion of minority persons or the failure to refer minority
group persons, as such that the contractor will be unable to meet
his obligations under this chapter, the contractor shall consider
for employment or apprenticeship persons referred under this paragraph
without regard to such agreement or arrangement. Where required by
custom or agreement, the contractor shall send referrals from the
Review Council to the union registrar for referral or to the apprenticeship
program for admission, pursuant to such agreement or arrangement.
The unions will, however, have no right of rejection over the Review
Council referrals.
(3)
The
contractor will notify the City Compliance Officer and the Review
Council whenever he/she has reason to believe that a union with which
he/she has a hiring hall or referral arrangement or an apprenticeship
program engages in such referral, membership, admission, or other
practices as will substantially impede the contractor in his/her efforts
to meet his/her affirmative action obligations under these conditions.
(4)
A contractor
shall not be deemed to have exercised good faith under this chapter
solely because of union opposition, even if the unions threaten a
work stoppage because of the implementation of this chapter. It shall
be incumbent upon the contractor as employer to see to it that referrals
under this chapter are treated fairly by the unions and their members.
I.
The contractors shall develop and submit a manning
table. This document shall identify estimated manpower requirements
for the duration of the job, broken down by trade and month. The manning
of the job shall be related to this document, which shall be brought
up-to-date as required, but not less than once monthly.
J.
The contractor shall submit copies of his/her collective
bargaining agreements covering workers to be employed on the project,
and copies of such bargaining agreements of each subcontractor.
K.
The contractor shall, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that
all applicants will receive consideration for employment without regard
to race, union membership, color, marital status, age, religion, sex,
ancestry or national origin.
L.
The contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of the contractor's commitments under the Equal Employment Opportunity Ordinance of the City of East Orange and shall post copies of the notice in conspicuous places available to employees and applicants for employment and shall comply with § 8-12 with respect to union statement.
M.
It shall be no excuse for noncompliance that the union
with which the contractor has a collective bargaining agreement providing
for exclusive referral failed to refer minority employees.
N.
The prime contractor and subcontractor shall furnish
all information and reports required by the Affirmative Action Review
Council and shall keep and maintain records for trainees so that separate
payroll amounts and descriptions of payments, trainee progress, together
with all benefits, are recorded separately and shall permit inspection
of his/her books and records for purpose of investigation to ascertain
compliance with the program.
O.
The contractor shall take such action with respect
to any subcontractor as the City may direct as a means of enforcing
the provisions of this chapter, including penalties and sanctions
for noncompliance.
P.
The contractor shall designate a principal officer
of his/her firm to be the Affirmative Action Officer who shall be
responsible for administering the Affirmative Action Program detailed
herein. This Officer shall meet regularly, or as may be required,
with all contractors, the Review Council and the City to ensure attainment
of the goals set forth herein and the implementation of the training
program.
A.
The City shall require that, when the contractor or
subcontractor has a referral agreement or arrangements with a union
covering workers to be employed on this project, the contractor shall
submit with his/her bid a statement, signed by an authorized union
official, in which the union agrees as follows:
(1)
The union will take such action as may be necessary
with respect to the referral and the employment of minority group
persons in order to enable the contractor to meet his obligations
under this chapter.
(2)
The union will cooperate with the Review Council in
providing on-site training on the construction site.
(3)
Minority group journeymen, and if necessary laborers,
employed by the contractor shall be admitted to union membership within
the time limits contained in the applicable collective bargaining
agreements, union constitutions and bylaws.
B.
The contractor or subcontractor shall promptly notify
the Review Council of any failure of the union to comply with its
statement. If a union has refused to sign the statements described
above, the contractor will document his/her efforts to obtain such
statement, including a description with the reason given by the union
for not signing such statement, and submit such documentation together
with his/her bid. A bid shall be unresponsive if unaccompanied either
by an acceptable union statement or by documentation as to why such
statement could not be obtained.
C.
In addition, the award of a subcontract will not be
approved if such contractor has not submitted such an acceptable union
statement or an explanation of the failure to obtain such a statement.
D.
The failure of the union to sign the statement described
above does not excuse the contractor from his obligation to comply
with the conditions and provisions of the Affirmative Action Program
set forth herein.
The City shall require that each prime contractor
is responsible for the performance of his/her subcontractors for the
implementation of the aforementioned equal employment requirements
during the performance of the contract. Whenever the contractor subcontracts
a portion of the work under contract, the subcontract shall bind the
subcontractor to the obligations contained in this chapter to the
full extent as if he/she were the contractor. Furthermore, the contractor
must include a provision in all contracts with subcontracts to ensure
compliance with all other conditions included herein, as well as with
the New Jersey Executive Order No. 21, and N.J.S.A. 10:2-1 et seq.,
and the President's Executive Order 11246 (30 F.R. 12319-25), and
New Jersey P.L. 1975, c. 127.[1]
[1]
Editor's Note: See N.J.S.A. 10:5-31 et seq.
Following receipt and review of the Affirmative
Action Plan and the employment information submitted by the bidders,
and prior to award of a contract, the apparent lowest responsible
bidder shall be required to attend a pre-award conference called by
the appropriate department head. At the conference, the Compliance
Officer shall reveal whether or not the apparent lowest responsible
bidder has complied with the policy of this chapter set out in its
various sections and shall report findings and recommendations of
the Review Council.
Where a construction contract exists, project
site reports in a form defined by the Affirmative Action Office shall
be completed and submitted by the contractor at intervals determined
by the Compliance Office. The Compliance Officer or designee shall
conduct such periodic on-site reviews as are deemed necessary. Such
project site reports shall include such information as to the employment
practices and minority/nonminority utilization statistics of the contractor
and each subcontractor and shall be in such form as the Compliance
Office may prescribe. Subcontractors shall complete and submit such
project site reports to the contractor for transmittal to the Compliance
Officer. The Compliance Officer or his designee shall be allowed to
attend all project meetings and, with notice and during normal business
hours, enter the contractor's or subcontractor's business facility
for determining whether the contractor or subcontractor is complying
with the Affirmative Action Ordinance Program.
In the event that specific discriminatory practices
are found to exist in the administration and enforcement of this chapter,
in addition to the sanctions that may be imposed as provided by the
terms of the contract, the Compliance Officer shall forward all pertinent
information to appropriate federal, state and local agencies.
The commitments required of the contractor hereunder
are for the purpose of satisfying his affirmative action obligations
under this chapter and are not intended, and shall not be used, to
discriminate on the basis of race, sex, color, age, marital status
or national origin against any qualified applicant or employee.
In the event of failure by a contractor to meet
his minority manpower commitments under this chapter, he/she shall
be given an opportunity to demonstrate that he has made every good
faith effort to meet his commitments. In any proceeding in which such
good faith is an issue, all of the actions of the contractor in seeking
to comply with this chapter shall be reviewed and evaluated by the
Review Council. Compliance with this chapter shall be monitored by
the Compliance Officer of the City of East Orange in consultation
with the Review Council of the City of East Orange.
A.
The Compliance Officer will issue a written alert
notice to a contractor and appropriate unions whenever, in his opinion,
a breach of this chapter appears to be developing. Such notice shall
require that deficiencies be corrected within 72 hours.
B.
If the alert notice is not removed by a correction
of the deficiencies within 72 hours, the Compliance Officer shall
follow up the alert notice by issuing a written violation notice.
Upon issuance of such notice, the contractor will have four working
days to remove the violation. If the violation has not been removed
within that period, the Compliance Officer will inform the City Council,
Mayor and Review Council.
C.
Either or both notices may be removed if the contractor
meets his/her obligations under this chapter or if he/she presents
a satisfactory explanation in writing as to why such compliance is
unpractical or impossible.
D.
Failure to satisfactorily remove a violation shall
cause a hearing to be held by the Review Council. If a determination
by the Review Council is made that the contractor is not in compliance
with this chapter, there shall result a recommendation of sanctions
by the Review Council to the City Council and the Mayor. Such sanctions
may include any or all of the following:
(1)
The withholding of contract payments.
(2)
The termination or suspension of the contract.
(3)
Assessment of damages caused by noncompliance, actual
or liquidated. Liquidated damages shall be assessed by the City on
behalf of the minority individual injured by the noncompliance of
the contractor or subcontractor. It shall be assessed at a rate of
$500 per individual plus the full amount of back pay due to the individual
from the date of referral. This shall not be deemed to exclude any
other damages which the individual can demonstrate as a result of
the noncompliance.
(4)
Enforcement by the City of its right under its contracts
with contractors and subcontractors, either by suit at law or in equity
or arbitration, whichever is appropriate.
(5)
Commencement of an action at law or in equity or proceeding
in arbitration by the City as third-party beneficiary. Further, the
noncomplying contractor shall indemnify the City for any damages it
may be found liable for as the result of actions brought by other
contractors or subcontractors on the project or any other third party
because of the imposition of the above sanctions.
The City of East Orange agrees to implement
procurement and service contract regulations as set forth in P.L.
1975, c. 127, and as such will work in conjunction with the State
Affirmative Action Office in order to ensure compliance.
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"Procurement and Service Contract Mandatory
Language
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During the performance of this contract, the
contractor agrees as follows:
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a.
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The contractor or subcontractor, where applicable,
will not discriminate against any employee or applicant for employment
because of age, race, creed, color, national origin, ancestry, marital
status or sex. The contractor will take affirmative action to ensure
that such applicants are recruited and employed, and that employees
are treated during employment, without regard to their age, race,
creed, color, national origin, ancestry, marital status or sex. Such
action shall include but not be limited to the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the Public Agency Compliance
Officer setting forth provisions of this nondiscrimination clause.
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b.
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The contractor or subcontractor, where applicable,
will in all solicitations or advertisements for employees placed by
or on behalf of the contractor state that all qualified applicants
will receive consideration for employment without regard to age, race,
creed, color, national origin, ancestry, marital status or sex.
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c.
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The contractor or subcontractor, where applicable,
will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding
a notice, to be provided by the Public Agency Compliance Officer,
advising the labor union or workers' representative of the contractor's
commitments under this act and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
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d.
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The contractor or subcontractor, where applicable,
agrees to comply with any regulations promulgated by the Treasurer
pursuant to P.L. 1975, c. 127, as amended and supplemented from time
to time.
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e.
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The contractor or subcontractor agrees to attempt
in good faith to employ minority and female workers consistent with
the applicable county employment goals prescribed by Section 5.2 of
the Regulations promulgated by the Treasurer pursuant to P.L. 1975,
c. 127, as amended and supplemented from time to time, or in accordance
with a binding determination of the applicable county employment goals
determined by the Affirmative Action Office pursuant to Section 5.2
of the Regulations promulgated by the Treasurer pursuant to P.L. 1975,
c. 127, as amended and supplemented from time to time.
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f.
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The contractor or subcontractor agrees to inform
in writing all recruitment agencies, including employment agencies,
placement bureaus, colleges, universities and labor unions, that it
does not discriminate on the basis of age, creed, color, national
origin, ancestry, marital status or sex, and that it will discontinue
the use of any recruitment agency which engages in direct or indirect
discriminatory practices.
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g.
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The contractor or subcontractor agrees to revise
any of its testing procedures, if necessary, to assure that all personnel
testing conforms to the principles of job-related testing, as established
by the statutes and court decisions of the State of New Jersey and
as established by applicable federal law and applicable federal court
decisions.
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h.
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The contractor or subcontractor agrees to review
all procedures relating to transfer, upgrading, downgrading and layoff
to ensure that all such actions are taken without regard to age, creed,
color, national origin, ancestry, marital status or sex and conform
to the applicable employment goals, consistent with the statutes and
court decisions of the State of New Jersey, and applicable federal
law and applicable federal court decisions.
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Provisions d, e, f, g or h not required for
subcontractors with four or fewer employees or a contractor who has
presented evidence of a federally approved or sanctioned affirmative
action program."
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A.
It is the policy of the federal government to encourage
meaningful employment of minority business enterprises in construction
and capital contracts as evidenced by the contract for the Central
Avenue Semi-Mall as funded through the Economic Development Administration
and the Passaic Valley Sewerage Commission contract funded by the
Environmental Protection Agency, the latter contract requiring that
at least 22% of the total dollar value of the contract be subcontracted
to minority business enterprises.
B.
It is the policy of the City of East Orange to promote
meaningful utilization of minority business enterprises in construction
and capital contracts awarded East Orange, and such contracts must
include a requirement that at least 25% of the total dollar value
of the contract be performed by minority business enterprises. Each
bidder must submit with its bid the name of the minority subcontractor
and the dollar amount of the subcontract.
This chapter shall be amended from time to time
in order to carry out the intentions of the City Council. The City
Council from time to time may amend this chapter by resolution in
the area of construction, procurement, service purchasing and personnel
practices.
[Added 11-16-1984 by Ord. No. 50-1984]
Any contract awarded by the City of East Orange
on a project assisted under a program providing direct federal financial
assistance from the Department of Housing and Urban Development and
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. § 1701u,
shall contain the following provisions:
A.
The contractor hereunder will comply with Section
3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. § 1701u, which provides that, to the greatest extent
feasible, opportunities for training and employment be given to lower-income
residents of the project area and contracts for work in connection
with the project be awarded to business concerns which are located
in or owned in substantial part by persons residing in the area of
the project.
B.
The parties to this contract will comply with the
provisions of said Section 3 and the regulations issued pursuant thereto
by the Secretary of Housing and Urban Development set forth in 24
CFR 135, and all applicable rules and orders of the Department issued
thereunder, prior to the execution of this contract. The parties to
this contract shall certify and agree that they are under no contractual
or other disability which would prevent them from complying with these
requirements.
C.
The contractor will send to each labor organization
or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, if any, a notice advising
said labor organization or workers' representative of his commitments
under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment
or training.
(1)
The contractor will include this Section 3 clause
in every subcontract for work in connection with the project and will,
at the direction of the applicant for or recipient of federal financial
assistance, take appropriate action pursuant to the subcontract upon
a finding that the subcontractor is in violation of regulations issued
by the Secretary of Housing and Urban Development 24 CFR 135. The
contractor will not subcontract with any subcontractor where it has
notice or knowledge that the latter has been found in violation of
regulations under 24 CFR 135 and will not let any subcontract unless
the subcontractor has first provided it with a preliminary statement
of ability to comply with the requirements of these regulations.
(2)
Compliance with the provisions of Section 3, the regulations
set forth in 24 CFR 135 and all applicable rules and orders of the
Department issued thereunder prior to the execution of the contract
shall be a condition of the federal financial assistance provided
to the project, binding upon the applicant or recipient for such assistance,
its successors and assigns. Failure to fulfill these requirements
shall subject the applicant or recipient, its contractors and subcontractors,
its successors and assigns to those sanctions specified by the grant
or loan agreement or contract through which federal assistance is
provided and to such sanctions as are specified by 24 CFR 135.
D.
Failure to comply with the aforementioned provisions
may also result in rescission of this contract or withholding of revenue
due and owing hereunder upon written notice of noncompliance and until
such time compliance is found to be satisfactory by the City of East
Orange Affirmative Action Compliance Officer.
E.
None of the provisions found hereinabove shall relieve
the contractor of any obligations he may have under the Affirmative
Action Program of the City of East Orange.
