Township of Montclair, NJ
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2024-03-12
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Part I, Administrative Legislation
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Chapter 8 Affirmative Action Requirements
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Administration of Government
- Ch 7 Diversity Inclusion Program
- Ch 8 Affirmative Action Requirements
- § 8-1 Contracts to include affirmative action language.
- § 8-2 Certification of compliance.
- § 8-3 Violation of affirmative action regulations.
- § 8-4 Withholding of payment.
- § 8-5 Conflicts; severability.
- § 8-6 When effective.
- Ch 11 Civil Rights Commission
- Ch 15 Claims, Payment of
- Ch 18 (Reserved)
- Ch 20 Court
- Ch 21 Discrimination
- Ch 23 Education, Board of
- Ch 25 Energy Aggregation
- Ch 27 Fire Department
- Ch 29 Housing Commission
- Ch 29A Residential Dwelling Rental Relief Fund
- Ch 31 Insurance Fund
- Ch 40 Mutual Assistance
- Ch 42 Native Vegetation
- Ch 44 Officers and Employees
- Ch 46 (Reserved)
- Ch 48 Personnel Regulations
- Ch 51 Police Department
- Ch 51A Project Labor Agreements
- Ch 52 Domestic Violence Intervention Team
- Ch 53 Retirement
- Ch 55 Salaries and Compensation
- Ch 60 Urban Renewal
- Part II, General Legislation
- Ch 65 Affordable Housing
- Ch 67 Air Conditioning and Refrigeration
- Ch 71 Alarms, Burglar and Fire
- Ch 74 Alcoholic Beverages
- Ch 78 Amusements
- Ch 82 Animals
- Ch 83 Animal Shelter
- Ch 86 Auctions and Auctioneers
- Ch 88 Bamboo
- Ch 90 Barbershops
- Ch 93 Bicycles
- Ch 96 Boardinghouses
- Ch 100 Brush, Grass and Weeds
- Ch 104 Buildings, Numbering of
- Ch 108 Buildings, Unfit
- Ch 110 Cannabis
- Ch 117 Condominium and Cooperative Conversions
- Ch 121 Construction Codes, Uniform
- Ch 127 Disorderly Conduct
- Ch 130 Drug-Free Zones
- Ch 132 Employer Regulations
- Ch 134 Environmental Hazards
- Ch 136 Fees
- Ch 140 Filming
- Ch 144 Firearms and Weapons
- Ch 148 Fire Hoses
- Ch 153 Fire Prevention
- Ch 157 Fire Safety Act Enforcement
- Ch 161 Flood Damage Prevention
- Ch 163 Fund-Raising, Political
- Ch 166 Games of Chance
- Ch 170 Glue Sales and Head Shops
- Ch 174 Graffiti
- Ch 178 Handbills and Posters
- Ch 182 Hazardous Substances
- Ch 186 Health Standards
- Ch 190 Housing
- Ch 196 Jogging
- Ch 200 Landscapers
- Ch 202 Land Use Procedures
- Ch 204 Library Property
- Ch 207 Lighting
- Ch 213 Multifamily Buildings
- Ch 217 Noise
- Ch 218 Nuisances
- Ch 219 Leaf Blowers
- Ch 220 Obscene Material
- Ch 222 Parades and Processions
- Ch 228 Parking
- Ch 230 Parking Lots
- Ch 234 Parks and Playgrounds
- Ch 238 Peddling and Soliciting
- Ch 241 Portable Storage Units
- Ch 243 Precious Metals Dealers
- Ch 247 Property Maintenance
- Ch 249 Property, Vacant and Abandoned
- Ch 251 Public Lands, Sale of
- Ch 253 Public Recreational Bathing
- Ch 256 Refrigerators, Abandoned
- Ch 257 Rent Regulation
- Ch 260 Roll-Off Containers and Dumpsters
- Ch 264 Sales, Special
- Ch 269 Sewers
- Ch 270 Sewers, Storm
- Ch 273 Shopping Carts
- Ch 274 Shuttle Bus Service
- Ch 276 Sidewalk Cafes
- Ch 277 Signs
- Ch 281 Site Plan Review
- Ch 285 Skateboards
- Ch 292 Solid Waste
- Ch 293 Special Improvement Districts
- Ch 294 Steep Slopes
- Ch 295 Stormwater Control
- Ch 297 Streets and Sidewalks
- Ch 301 Subdivision of Land
- Ch 305 Swimming Pools
- Ch 309 Taxation
- Ch 313 Taxicabs and Liveries
- Ch 317 Telephones, Pay
- Ch 320 Tobacco Products
- Ch 322 Towing
- Ch 324 Trees
- Ch 326 Vehicles, Abandoned
- Ch 327 Vehicles and Traffic
- Ch 333 Vending Machines
- Ch 337 Vendors, Mobile
- Ch 341 Water
- Ch 347 Zoning
- Appendix
- Ch A351 Cable Television Franchise
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Council of the Township of Montclair 3-14-2006
by Ord. No. 06-10. Amendments noted where applicable.]
Every construction contract entered into by the Township of Montclair,
and every contract for the purchase of goods and services entered into by
the Township for which the consideration exceeds the threshold for public
bidding established in accordance with the Local Public Contracts Law, N.J.S.A.
40A:11-3, shall include the affirmative action language required by N.J.A.C.
17:27 and set forth therein.
The Township shall require that every vendor, contractor or other firm or entity to whom a contract is awarded which falls within the criteria set forth in § 8-1 of this chapter must, within 14 days after notification of the award and prior to execution of the contract, certify compliance with the applicable affirmative action requirements of N.J.A.C. 17:27. If the vendor, contractor or other firm or entity fails to certify compliance within the required period, and the required certification is not provided within 10 days after written notice from the Township, the Township shall rescind the award and may, subject to any applicable requirements of the Local Public Contracts Law or other legal requirements, award the contract to the next lowest responsible bidder that certifies compliance with the Affirmative Action requirements of N.J.A.C. 17:27.
If any vendor, contractor or other firm or entity awarded a contract with the Township of Montclair which falls within the criteria set forth in § 8-1 of this chapter is subsequently found to be in violation of the affirmative action regulations set forth in N.J.A.C. 17:27 or this chapter at any time during the performance of said contract, the Township shall (except in emergent circumstances affecting public health, safety or welfare) withhold all or part of the contract payments then due and owing to said vendor, contractor, firm or entity until the violation has been satisfactorily remedied and compliance has been confirmed by the Township's Affirmative Action Officer.
The Township shall also withhold payment (to the extent required by
applicable law) from any contractor on a Township construction or other project
where it has been determined that the contractor has failed or refused to
pay a minority subcontractor (including any women's business enterprise)
for work performed and accepted or for goods or services provided and accepted
and where the affected subcontractor has complied with the requirements of
the Municipal Mechanics' Lien Law, N.J.S.A. 2A:44-125 et seq. or the
Trust Fund Act, N.J.S.A. 2A:44-148.
In the event of any conflict or inconsistency between any provision
of this chapter and the requirements of N.J.A.C. 17:27 et seq. which would
render said provision illegal or unenforceable, the requirements of N.J.A.C.
17:27 et seq. shall prevail. If any section of this chapter is determined
to be invalid for any reason, such determination shall not affect the validity
of the remaining sections of this chapter.
This chapter shall take effect upon final adoption and publication as
required by law.
