[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 9-16-1987 by Ord. No. V-126. Amendments noted where applicable.]
A.
It is hereby declared to be the public policy of the City of Hoboken
(hereafter the "city") to recognize that it is in the best interests
of all citizens and residents of Hoboken that there be full employment
within the city.
B.
The city also recognizes that it should assist those citizens and
residents who do not now enjoy full employment to achieve full employment
status.
C.
The city also recognizes that it should assist those citizens and
residents who are underemployed or whose employment does not use their
full potential to achieve employment which will be consistent with
the abilities and talents of each person.
A.
First source agreements shall be required of all employers doing
business in Hoboken where:
(1)
Construction is done on land owned by the City of Hoboken. The requirement
shall apply whether the developer, employer or another is the lessee
of Hoboken land or the city is directly involved in the construction
project.
(2)
Construction is done on land which receives tax abatement or any
other form of grant, subsidy or economic encouragement from the city,
including through federal and state grants and loans to the city.
(3)
Contractors, developers or employers contract directly with Hoboken
to perform any services or work or provide any materials for work
being done for Hoboken.
B.
First source agreements shall be required of businesses with facilities
located in Hoboken where:
(1)
The facility is located on land owned by or leased from the city.
(2)
The facility is located in any building or structure which received
any tax abatement or any other form of grant, subsidy or economic
encouragement from the city.
(3)
The business receives any grant, loan or subsidy of any kind from
the United States, the State of New Jersey or the City of Hoboken.
The provisions shall not apply to agencies of the United States, the
State of New Jersey or the County of Hudson.
All other businesses, employers or persons of any kind carrying
on any economic activity in Hoboken financed entirely with private
funds and located on land not owned by or leased from the city shall
be encouraged to enter into voluntary first source agreements with
the city, whereby the person will demonstrate a good faith commitment
to the well-being of the city and its residents and citizens by agreeing
to accept recruitment, referral and placement services from the city.
A.
There is hereby created the position of First Source Coordinator
in the Community Development Agency of Hoboken. The First Source Coordinator
shall oversee and implement the program of first source agreements
created by this chapter. The duties of this position shall include
but not be limited to:
(1)
Contacting all persons doing business in Hoboken and determining
whether such persons are covered by the mandatory provisions of this
chapter.
(2)
Negotiating first source agreements with all persons covered by the
mandatory provisions.
(3)
Encouraging all employers not covered by the mandatory provisions
of this chapter to enter into voluntary first source agreements and
negotiating such voluntary agreements.
(4)
Coordinating the activities of all city departments and agencies
to assure that the mandatory provisions of this chapter are being
met.
(5)
Signing complaints, testifying in court and such other activities
as may be necessary to enforce this chapter.
(6)
Preparing and submitting for the Council approval standard forms
of agreement created by ordinance.
B.
All first source agreements shall be subject to the approval of the
Municipal Council by resolution.
C.
BUILDER
BUSINESS
DEVELOPER
EMPLOYER
FIRST SOURCE AGREEMENT
Unless otherwise defined by this chapter, all terms shall have the
meanings ordinarily given in business and commerce usage. The following
words shall be defined and have the meanings as follows:
Any individual, corporation, partnership or other business
organization engaged in the construction, demolition, rehabilitation
or renovation of any kind of buildings or structures.
Any individual, corporation, partnership or other person
of any kind, whether natural or artificial, engaged in commerce, trade,
a profession, construction or work of any kind, whether for profit
or not.
As defined by N.J.S.A. 40:55D-4.
As defined by N.J.S.A. 26:8-40.7.
A contract between the city and an employer, developer, builder,
contractor or any other person whereby the city undertakes to provide
employment recruitment, referral and placement services and the other
party agrees to hire, train and otherwise employ persons referred
or provided by the city pursuant to the agreement. Such training can
include classroom training programs, apprentice training programs
and on-the-job training programs.
The first source agreement shall include provisions for liquidated
damages or predetermined penalties in the event of breach of any first
source agreement. It shall be the policy of the city to require clauses
for liquidated damages or predetermined penalties in all mandatory
agreements and to seek such clauses in voluntary agreements.
