[HISTORY: Adopted by the Municipal Council of the Township
of Irvington 4-10-2023 by Ord. No. MC 3822.[1] Amendments noted where applicable.]
The Municipal Council does hereby establish a First Source Employment
Linkage Program to facilitate and encourage private sector employment
opportunities to qualified Irvington residents by requiring the recipient
of any economic incentive to execute a first source agreement and
make a good faith effort to hire qualified Irvington residents for
all long-term jobs or purchases goods and/or services from a Township-owned
business.
A.Â
The Department of Economics Development Grants Oversight ("DEDGO")
and the office of Community Development and Planning ("CDP") shall
serve as the intermediary between the business community and a network
of service providers, job training agencies and educational institutions
to best maximize the socio-economic potential of this agreement.
B.Â
DEDGO and CDP shall attempt to evenly distribute job referrals amongst
the network of service providers, job training agencies and educational
institutions. This effort is to ensure that the Township as a whole
is able to benefit from this First Source Program. The network of
service providers, job training agencies and educational institutions
shall refer to DEDGO and CDP only qualified individuals that reside
in the Township of Irvington.
C.Â
DEDGO and CDP shall send semiannual reports to the administration
and Municipal Council outlining: how many individuals were referred
by DEDGO or CDP to be interviewed during that particular semiannual
period; how many individuals referred by DEDGO or CDP were hired during
that particular semiannual period; the dates of termination of employment,
if applicable, from which service provider, job training agency or
educational institution the hired individuals were referred to DEDGO
or CDP; which ward the hired individuals reside in; and the wages
and benefits received by the hired individuals. If a lack of good
faith has been demonstrated on the part of any recipient, this shall
also be included in the report. DEDGO and CDP shall also include recommendations
and suggestions about how this employment linkage program could be
improved.
As used in this chapter, the following terms shall have the
meanings indicated:
Any of the following economic benefits approved by the Municipal
Council for a recipient:
A tax abatement or exemption for a property which reduces the
cumulative amount of taxes otherwise due by $25,000 or more;
Any federal, state, county or municipal grant or loan of $25,000
or more;
Township property which is conveyed at a private sale for no
or nominal consideration, which has an actual fair market value of
$25,000 or more; and/or
A Township contract for services over $100,000.
The period of time commencing with the pre-hiring notification
of DEDGO or CDP by the recipient during which time the recipient may
not take any actions to fill a position, including but not limited
to advertising, announcing, recruiting, or interviewing. The length
of the exclusivity period shall be determined by DEDGO or CDP after
consultation with the recipient, but in no event shall be less than
15 days.
A binding agreement between the Township and any recipient
of an economic incentive, wherein the recipient agrees to make a good
faith effort to hire qualified individuals who reside in the Township
of Irvington. The form of the agreement shall be substantially the
same as the agreement to this chapter as Schedule A.[1]
Includes but is not limited to all of the following activities:
Pre-hiring notifications and exclusivity period: At least 15
days prior to advertising for any employees, the recipient shall submit
to DEDGO or CDP a written notice of the number and qualifications
of prospective employees needed for any long-term job, as well as
a description of the job to be filled. This description shall include
the work hours, wage scale, benefits, and hiring schedule of the positions.
This will enable DEDGO or CDP to refer qualified applicants to the
recipient. During this period, the recipient shall adhere to the above
requirements of the exclusivity period. If any of the information
submitted to DEDGO or CDP relating to the number or qualifications
of prospective employees or the description of the job to be filled
is modified, the recipient shall refile a pre-hiring notification
and the exclusivity period shall recommence. For positions not covered
by this agreement, the recipient may notify DEDGO or CDP when such
positions become available so DEDGO or CDP can notify the community
that such opportunities exist.
Mandatory contract provisions: All contracts entered into by
the recipient or the recipient's contractor shall be required
to comply with this chapter and the agreement executed thereunder.
The recipient will require the contractor or subcontractor, regardless
of tier, to complete and provide DEDGO or CDP with a statement that
it will comply with this chapter and the agreement executed thereunder.
Collective bargaining agreement: The recipient will cause the
contractor to submit to DEDGO or CDP copies of any collective bargaining
agreements covering workers to be employed including any collective
bargaining agreements of any subcontractor.
Pre-hiring interviews: The recipient shall interview any applicants
referred to it by DEDGO or CDP.
Semiannual reports: The recipient will submit written semiannual
employment reports to DEDGO or CDP in the form to be provided by DEDGO
or CDP. If the recipient failed to fill any position with any qualified
applicant referred by DEDG or CDP, the report will include the reasons
why.
Other reports: The recipients shall furnish such other reports
as are reasonably required by DEDGO or CDP to implement the purposes
of the agreement.
Record access: The recipient will insure that DEDGO or CDP will
have reasonable access to all files and records reasonably necessary
to confirm the accuracy of the information set forth in the reports,
including but not limited to records of employment and employment
advertisement, application forms.
Work place access: The recipient shall insure that DEDGO or
CDP has reasonable access to the project site to physically monitor
the work site to verify the accuracy of the information set forth
in the reports.
Those positions 90 to 180 days or more in duration based
on job requirement/description. Positions created as a result of internal
promotions, terminations, or expansions within the recipient's
work force which are to be filled by new employees are included. However,
positions filled through promotion from within the recipient's
existing work force are not covered positions under this agreement.
Any individual, partnership, association, organization, for-profit
corporation or other entity, whether public or private, which receives
an economic incentive. This includes any contractor, subcontractor
or agent of the recipient.
Includes its employees, agents and assignees.
[1]
Editor's Note: Said agreement is on file in the Township
offices.
Prior to implementation of this First Source Employment Linkage
Program, DEDGO or CDP must prepare and present to the Municipal Council
a strategy as to how it will serve as intermediary between the business
community and the service providers, job training agencies and educational
institutions. This strategy should include:
A.Â
Creating an efficient network to identify qualified job recipients
between DEDGO or CDP and the network of service providers, job training
agencies, and educational institutions.
B.Â
Creating all necessary documents to ensure compliance on the part
of any recipients. At a minimum, these documents will detail the names,
addresses, social security numbers, dates of hire/termination, wages,
benefits and positions hired, for all new hires and terminations during
each semiannual period.
C.Â
Designing a plan to educate employers about the First Source Job
Linkage Program and the system described above.
Because damages will not be capable of determination with any
reasonable degree of certainty, the Township will be entitled to liquidated
damages from the recipient in the amount of $25,000 for every worker
hired where the recipient failed to make a good faith effort to hire
qualified individuals who reside in the Township as outlined above.
The Township reserves any other remedies it may have at law or equity,
including but not limited to the termination of any economic incentives
(such as the recalling of loans, repealing of tax abatements or canceling
of contracts), if appropriate, for a material breach of the recipient's
obligation to make a good faith effort to hire qualified individuals
who reside in the Township of Irvington as outlined above. This section
relating to damages is subject to the written default notice provisions
and expiration of a period to correct any violations, as set forth
in the First Source Agreement to be entered into by the recipient.
All prior ordinances or parts thereof inconsistent herewith
are hereby repealed.
This chapter shall take effect 30 days after final passage and
publication in accordance with the laws of the State of New Jersey.
If this chapter conflicts with any federal or state laws or
regulations, the laws or regulation shall prevail. This chapter shall
not confer upon the Township any power not otherwise provided by law
to determine the legality of any collective bargaining agreement or
to regulate any collective bargaining process.
Should any clause, sentence, paragraph or part of this chapter,
or the application thereof to any person, circumstance, be found by
a court of competent jurisdiction to be invalid, the remainder of
this chapter shall remain in full force and effect.
