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Finance Training and Assistance Consultant
BID #: 8
ISSUED: 1/1/2023
DUE: 2/9/2023
VALUE: TBD
100
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Executive Summary
The City of Orange Township is seeking proposals from qualified firms to provide finance training and assistance as a consultant. Respondents must be Certified Public Accountants (CPA) and Registered Municipal Accountants (RMA). The selected firm will render opinions on the financial affairs of the City of Orange Township. Proposals must be submitted to the Finance Department by 11:00 a.m. on February 09, 2023.
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Document Text
--- Document: RFP - Finance Training and Assistance Consultant 2023 ---
CITY OF ORANGE TOWNSHIP REQUEST FOR PROPOSALS:
Finance Training and Assistance Consultant
SUBMISSION DEADLINE: 11:00 a.m.
February 09, 2023
ADDRESS ALL PROPOSALS TO:
Adrian Mapp
Finance Director
29 North Day Street
Orange, N.J. 07050
CITY OF ORANGE TOWNSHIP, NJ
REQUEST FOR PROPOSALS
DEPARTMENT: Finance Department
PURPOSE: Finance Training and Assistance Consultant DUE DATE: February 09,
2023
SECTION 1: GENERAL INFORMATION & SUMMARY
1.1
Organization Requesting Proposal
City of Orange Township - Finance Department
29 North Day Street
Orange, N.J. 07050
1.2
Contact Person Adrian O .
Mapp
Finance Department
29 North Day Street
Orange, N.J. 07050
(973) 952-6115
AMapp@orangenj.gov
1.3
Procurement Process
This contract will be awarded as a professional services agreement using a fair and open process
under the "New Jersey Local Unit Pay-to-Play Law,"N.J.S.A. 19:44A-20.5 et seq.
The City Council will vote to approve a resolution awarding a contract to the Contractor for a sum
not to exceed a specified amount and for a term of one (1) year.
1.4
Contract Form
If selected to provide services, it is agreed and understood that the successful Respondent shall be bound
by the requirements and terms contained in this RFP with regard to services performed, payments,
indemnification, insurance, termination, and applicable licensing provisions.
It is also agreed and understood that the acceptance of the final payment by Contractor shall be
considered a release in full of all claims against the City of Orange Township (City) arising out of, or
by reason of, the work done and materials furnished under this Contract.
1.5
Submission deadline
Proposals must be submitted to, and be received by the Finance Department, via mail or hand
delivery, by 11:00 a.m. prevailing time on February 09, 2023. Proposals will not be accepted
by facsimile transmission or e-mail.
1.6
Opening of proposals
Proposals shall be opened in public at 11 :00 a.m. prevailing time on February 09, 2023 in the
Finance Department, located at 29 North Day Street, City of Orange Township, N.J.
1
CITY OF ORANGE TOWNSHIP, NJ
REQUEST FOR PROPOSALS
DEPARTMENT: Finance Department
PURPOSE: Finance Training and Assistance Consultant DUE DATE: February 09,
2023
2.3
It is the intention of the City of Orange Township to award a contract through a fair and open process
as set forth in N.J.S.A. 19:44A-20.5 et seq. and intends to award the contracts pursuant to N.J.S.A.
40A:11-5 (l)(a)(i).
1.7
Definitions
The following definitions shall apply to and are used in this Request for Proposal (RFP): "City"
refers to the City of Orange Township.
"RFP" - refers to this Request for Proposals, including any amendments thereof or supplements
thereto.
"Respondent" or "Respondents" - refers to the interested persons and/or firm(s) that submit a
Proposal.
"Consultant" or "Consultants" - refers to the interested persons and/or firm(s) that submit a
Proposal.
1.8
Submission address
All proposals should be sent to:
Adrian O. Mapp
Finance Director
29.North Day Street
Orange, N.J. 07050
SECTION 2: INTRODUCTION AND GENERAL INFORMATION
29.1
Introduction and Purpose
The City is seeking proposals from qualified Respondents to provide budget consultant services.
Respondents must be Certified Public Accountants (CPA) and Registered Municipal Accountant
(RMA). Respondents submitting quotes must be qualified to perform independent audits of
municipalities of the State of New Jersey. The selected firm shall be retained for the express purpose
of rendering an opinion on the activity and procedures related to the financial affairs of the City of
Orange Township for the periods previously indicated.
29.2
Fair and Open Process
Evaluation
Proposals will be reviewed and evaluated by the City's Finance Department. The proposals will
be reviewed to determine if the Respondent has met the professional, administrative, and subject areas
described in this RFP.
2
CITY OF ORANGE TOWNSHIP, NJ
REQUEST FOR PROPOSALS
DEPARTMENT: Finance Department
PURPOSE: Finance Training and Assistance Consultant DUE DATE: February 09,
2023
All communications concerning this RFP or the RFP process shall be directed to the City contact
person, in writing, via fax, or via e-mail. Responses to all questions will be forwarded as addenda to
all prospective Respondents who have provided contact information. It is the prospective
Respondents responsibility to provide accurate contact information.
2.4
Procurement Schedule
The steps involved in the process and the anticipated completion dates are set forth in the
Procurement Schedule below. The City reserves the right to, among other things, amend, modify or
alter the Procurement Schedule upon notice to all potential Respondents.
Activity
1. Receipt of Proposals
2.Completion of evaluation of Proposals
3. Award of contract
2.5
Rights of the City
௭
February 09, 2023
February 15,
2023
February 21, 2023
The City reserves, holds and may exercise, at its sole discretion, the following rights and options with
regard to this RFP and the procurement process in accordance with the provisions of applicable law:
•
To conduct investigations of any or all of the Respondents, as the City deems necessary or
convenient, to clarify the information provided as part of the Proposal and to request
additional information to support the information included in any Proposal.
•
To suspend or terminate the procurement process described in this RFP at any time (in its
sole discretion.) If terminated, the City may determine to commence a new procurement
process or exercise any other rights provided under applicable law without any obligation to
the Respondents.
2.6
Cost of Proposal Preparation
Each Proposal and all information required to be submitted pursuant to the RFP shall be prepared at the
sole cost and expense of the Respondent. There shall be no claims whatsoever against the City, its
officers, officials or employees for reimbursement for the payment of costs or expenses incurred
in the preparation of the Proposal or other information required by the RFP.
2.7
Proposal evaluation
Proposals will be evaluated by the Finance Department based on the specific criteria detailed in
Section 6.
2.8
Written Proposal
Prospective Respondents must submit a written proposal in a format specified by the City. The
required format is detailed in Section 3.
3
Each proposal submitted must contain the following:
Title Page
Table ofContents
Executive Summary
Firm Background
Scope of Ser.vices
Timing & Fees
Business Registration Certificate
Non-Collusion Affidavit
Mandatory content
CITY OF ORANGE TOWNSHIP, NJ
REQUEST FOR PROPOSALS
DEPARTMENT: Finance Department
PURPOSE: Finance Training and Assistance Consultant DUE DATE: February 09, 2023
2.9
Additional requirements
Consultant is required to comply with requirements of P.L. 1975, c. 127, the Law Against
Discrimination and with N.J.A.C. 17:27-1.1 et seq.. the Affirmative Action Rules.
A party responding to this RFP must indicate what type of business organization it is e.g., corporation,
partnership, sole proprietorship, or non-profit organization. If a party is a subsidiary or direct or
indirect affiliate of any other organization, it must indicate in its proposal the name of the related
organization and the relationship. If a party responding to this RFP is a corporation, it shall list the
names of those stockholders holding 10% or more of the outstanding stock.
Section 7 of this document describes general terms and conditions. Section 8 of this document
contains required administrative forms which must accompany all proposals. Exclusion of any
required form is grounds for rejection of proposals.
2.10
Disposition of RFP
Upon submission of a Proposal in response to this RFP, the Respondent acknowledges and consents
to the following conditions relative to the submission and review and consideration of its Proposal:
•
All Proposals shall become the property of the City and will not be returned.
•
All Proposals will become public information at the appropriate time, as determined by the
City (in the exercise of its sole discretion) in accordance with law.
SECTION 3: WRITTEN PROPOSAL FORMAT
Proposals must address all information requested in this RFP. Proposals which in the judgment of the
City fail to meet the requirements of the RFP or which are in any way conditional, incomplete,
obscure, contain additions or deletions from requested information, or contain errors may be rejected.
Insurance Requirements and Acknowledgment Form
4
CITY OF ORANGE TOWNSHIP, NJ
DEPARTMENT: Finance Department
REQUEST FOR PROPOSALS
PURPOSE: Finance Training and Assistance Consultant DUE DATE: February 09, 2023
The information requested by the sectional format described above is further defined.
3.2
Title Page
The proposal should include a title page, which identifies the project; the Respondent's firm, name of
the Respondent's primary contact, address, telephone number, fax number and email address.
3.3
Table of Contents
The Respondent's proposal should include a Table of Contents, which lists the titles and page
numbers for each major topic and sub-topic contained in the proposal.
3.4
Executive Summary
T h i s section should include a summary of the key points and highlights of the Respondent's
response and should discuss the pricing contained in the proposal.
3.5
Firm Background
In this section of the proposal, the Respondent should review its understanding of the business
drivers behind the City's strategy.
3.6
Scope of Services
In this section of the proposal, the Respondent should state what it believes to be the scope of the
intended strategy w i t h i n the City. If there are any gaps between what the Respondent believes should
be the proper scope of the solution given all information known at the time of this RFP, the
Respondent should clearly state these gaps in this section and clearly mark these concerns as such.
3.7
Timing and Fees
In this section, please describe the timing and associated fees the Respondent is proposing for the
implementation. Respondents should be sure to include all expenses associated with delivery, in
addition to professional fees. Respondents should identify hourly participation and hourly fees by
specific personnel.
It is important to note that pursuant to N.J.S.A. 40A:5-16, the City is prohibited from paying
for goods or services before they have been provided. Therefore, any proposals which
specify payment upon contract signing will be deemed unresponsive and rejected.
5
CITY OF ORANGE TOWNSHIP, NJ
DEPARTMENT: Finance Department
REQUEST FOR PROPOSALS
PURPOSE: Finance Training and Assistance Consultant DUE DAT E: February 09
2023
SECTION 4: SCOPE OF SERVICES
A. Scope of Work to be Performed
•
Training and assistance in the Finance Department and Administration as it relates to the best
practice process and procedure, supplemental debt statements, annual debt statements, audits
and capital and operating expenses, CFO training, budget guidance, CAP waiver training, levy
CAP and RUT calculations training and review, emergency appropriations calculations, bank
reconciliations, pension compliance issues, Local Finance Board applications and
presentations, and water and sewer utility. As well as perform consulting services
related to the City’s Water Utility and its operations.
SECTION 5: PROPOSAL SUBMISSION REQUIREMENTS
To be responsive, Proposals must provide all requested information, and must be in strict
conformance with the instructions set forth herein. Proposals and all related information must be
bound, and signed and acknowledged by the Respondent.
5.1
Number of copies
Respondents must submit one signed original and five (5) copies of their proposals.
5.2
Proposal media
Proposals forwarded by facsimile or e-mail will not be accepted.
5.3
Proposal format
To facilitate a timely and comprehensive evaluation of all submitted proposals, it is essential that all
Respondents adhere to the required response format. The City requires a standard format for all
proposals submitted to ensure that clear, concise and complete statements are available from each
Respondent in response to requirements. The required format is detailed in Section 3.
The City is not under any obligation to search for clarification through additional or unformatted
information submitted as a supplement to the formatted response. Where a proposal contains
conflicting information, the City at its option may either request clarification or may consider the
information unresponsive.
5.4
Proposal length
The exact presentation and layout format of proposals is up to the discretion of the Respondent.
However, a maximum length of 30 pages is strongly suggested.
5.5
Submission deadline
Proposals must be received by the City no later than 11:00 a.m. prevailing time on February 09,
2023 and must be mailed or hand-delivered.
SECTION 6: PROPOSAL EVALUATION
6
CITY OF ORANGE TOWNSHIP, NJ
DEPARTMENT: Finance Department
REQUEST FOR PROPOSALS
PURPOSE: Finance Training and Assistance Consultant DUE DAT E: February 09
2023
The City's objective in soliciting Proposals is to enable it to select a Respondent that will provide
high quality and cost effective services to the citizens of Orange To w n s hip. The City Finance
Department will consider Proposals only from Respondents that, in the City's sole judgment have
demonstrated the capability and willingness to provide high quality services to the citizens of the City
in the manner described in this RFP.
6.1
Evaluation methodology
Proposals will be evaluated by the Finance Department on the basis of which is the most
advantageous, and this evaluation will consider the following:
a.
Required Format
The extent to which the proposal includes the required sections (Title page, Table of contents, etc.).
b.
Appropriateness of proposed methodology
The extent to which the proposed methodology meets the City's goals as described in Section 4 of
this RFP. The degree to which specific activities and milestones are described will also be
evaluated.
Respondents should describe their methodology and explain how it will meet the City's needs.
c.
Prior experience with similar cities
The City does not wish to overly educate its Consultants as to the workings (both operational and
statutory) of municipal government. As a result, proposals should reference of similar type
experience.
d.
Cost
The winning proposal will not necessarily be that with the lowest cost, but that which provides
the greatest value to the City. Proposals should provide detailed breakdowns on the cost
components. Proposals will be evaluated on the detailed breakdown provided and whether pricing is
appropriate to the project scope.
6.2
Final evaluation
The City will select the most advantageous Proposal Statement based on the all of the evaluation
factors set forth in this RFP, and make the award in the best interest of the City. Each Proposal
must satisfy the objectives and requirements detailed in this RFP. The successful Respondent
shall be determined by an evaluation of the total content of the Proposal Statement submitted.
The City shall not be obligated to explain the results of the evaluation process to any Respondent.
6.3
Contract award
A contract will be awarded a professional service agreement pursuant to the "fair and open"
provisions of the "New Jersey Local Unit Pay-to-Play Law", N.J.S.A. 19:44A-20.4 et seq.
The Municipal Council will vote to accept the proposal of a Respondent within sixty (60) days of
the receipt of proposals, except that the proposals of any Respondents who consent thereto, may, at
the request of the City, be held for consideration for such longer period as may be agreed.
7
CITY OF ORANGE TOWNSHIP, NJ
DEPARTMENT: Finance Department
REQUEST FOR PROPOSALS
PURPOSE: Finance Training and Assistance Consultant DUE DATE: February 09, 2023
SECTION 7: GENERAL TERMS AND CONDITIONS
The following are general terms and conditions which may or may not be explained elsewhere in
this RFP.
7.1
City's right to reject
The City reserves the right to reject any or all proposals, if necessary, or to waive any informalities in
the proposals, and, unless otherwise specified by the Respondent, to accept any item, items or
services in the Proposal should it be deemed in the best interest of the City.
7.2
Original/Authorized signatures
Each proposal and all required forms must be signed in ink by a person authorized to do so.
7.3
Delivery of proposals
Proposals may be hand delivered or mailed consistent with the provisions of the legal notice to
Respondents. In the case of mailed proposals, the City assumes no responsibility for proposals
received after the designated date and time and will return late proposals unopened. Proposals will not
be accepted by facsimile or e-mail.
7.4
Affirmative Action requirements
Respondents are required to comply with the provisions of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 et
seq. No Contractor may be issued a contract unless it complies with these affirmative action
provisions. The Mandatory Equal Employment Opportunity/Affirmative Action Language for
Goods, Professional Services and General Service Contracts, Exhibit A summarizes the full required
regulatory text.
Goods and Services (including professional services) consultants/contractors shall submit to the public
agency, after notification of award but prior to execution of a goods and services contract, one of the
following three documents:
a.
A photo copy of a valid letter that the contractor is operating under an existing Federally
approved or sanctioned affirmative action program (good for one year from the date of the letter); or
b.
A photocopy of a Certificate of Employee Information Report approval, issued in
accordance with N.J.A.C. 17:27-4; or
c.
A photocopy of an Employee Information Report (Form AA302) provided by the Division
and distributed to the public agency to be completed by the contractor, in accordance with
N.J.A.C. 17:27-4.
The Respondents attention is also called to Exhibit A and Exhibit B of this document which contains
the required information and forms.
7.5
Business Registration Certificate
P.L. 2004, c. 57 (Chapter 57) amends and supplements the business registration provisions of
8
CITY OF ORANGE TOWNSHIP, NJ
DEPARTMENT: Finance Department
REQUEST FOR PROPOSALS
PURPOSE: Finance Training and Assistance Consultant DUE DATE: February 09, 2023
N.J.S.A. 52:32-44 which impose certain requirements upon a business competing for or entering into
a contract with a local contracting agency whose contracting activities are subject to the
requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
Consultants are required to comply with the requirements of P.L. 2004, c. 57 (Chapter 57) which
include submitting a copy of their Business Registration Certificate (BRC), issued by the NJ
Department of the Treasury.
7.6
Indemnification
The Vendor, if awarded the contract, agrees to protect, defend, indemnify and save harmless the
City against damage for payment for the use of any patented material, process, article or device
that may enter into the manufacture, construction or form a part of the work covered by either
order or contract, and further agrees to indemnify and save harmless the City from suits or actions of
every nature and description brought against it for, or on account of, any injuries or damages
received or sustained by any party or parties by, or from, any of the acts of the contractor, its
servants or agents.
7.7
Termination
Should a dispute arise, and if, after a good faith effort at resolution, the dispute is not resolved,
either party may terminate the contract by providing 30 days written notice to the other party.
Notwithstanding the foregoing, the City reserves the right to cancel the contract at its convenience by
providing 30 days written notice to the Consultant.
9
C ITY OF ORANGE TOWNSHIP, NJ
DEPARTMENT: Finance Department
REQUEST FOR PROPOSALS
PURPOSE: Finance Training and Assistance Consultant
DUE DATE: February
09 , 2023
Item
Respondent
Purchasing Review
Initials
A. Non-Collusion Affidavit properly notarized
B. Public Disclosure Statement
C. Mandatory Affirmative Action Language
D. Americans with Disabilities Act
E. Affirmative Action Compliance Notice
F. Employee Information Report
G. Business Registration Certificate
H. Original signature(s) on all required forms.
I. Certification of Compliance with State Pay-to-Play
10
CITY OF ORANGE TOWNSHIP, NJ
DEPARTMENT: Finance Department
PURPOSE: Finance Training and Assistance Consultant
2023
REQUEST FOR PROPOSALS
DUE DATE: February 09,
NON COLLUSION AFFIDAVIT
STATE OF NEW JERSEY CITY OF ORANGE TOWNSHIP:
I certify that I am
of the firm of
the bidder making the proposal for the above named project, and that I executed the said proposal with
full authority so to do; that said bidder has not, directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in
connection with the above named project; and that all statements contained in said proposal and in this
affidavit are true and correct, and made with full knowledge that the City of Orange Township relies upon
the truth of the statements contained in said proposal and in the statements contained in this affidavit
in awarding the contract for the said project.
I further warrant that no person or selling agency has been employed to solicit or secure such contract
upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except
bona fide employees or bona fide established commercial or selling agencies maintained by .(N.J.S.A.
52: 34-25)
(Signature of respondent)- ௭-
SUBSCRIBED AND SWORN TO
BEFORE ME THIS DAY
OF 20
(TYPE OR PRINT NAME OF AFFIANT UNDER SIONATURE)
NOTARY PUBLIC OF
MY COMMISSION EXPIRES: 20
(NOTE: THIS FORM MUST BE COMPLETED, NOTARIZED AND RETURNED WITH
THIS PROPOSAL).
11
CITY OF ORANGE TOWNSHIP, NJ
DEPARTMENT: Finance Department
PURPOSE: Finance Training and Assistance Consultant
2023
REQUEST FOR PROPOSALS
DUE DATE: February 09,
PUBLIC DISCLOSURE
INFORMATION
Chapter 33 of the Public Laws of 1977 provides that no Corporation or Partnership shall be awarded any
State, City, Municipal or Schools District contracts for the performance of any work or the furnishing
of any materials or supplies, unless prior to the receipt of the bid or accompanying the bid of said
corporation or partnership there is submitted a public disclosure information statement. The statement
shall set forth the names and addresses of all stockholders in the corporation or partnership who own ten
percent (10%) or more of its stock of any class, or of all individual partners in the partnership who
own a ten percent (I 0%) or greater interest therein.
STOCKHOLDERS:
!Name
[Address
% owned
SIGNATURE:
TITLE:
SUBSCRIBED AND SWORN TO
BEFORE ME THIS DAY__________________________________ OF 20
(TYPE OR PRINT NAME OF AFFIANT UNDER SIGNATURE)
NOTARY PUBLIC OF
MY COMMISSION EXPIRES: -------
(NOTE: THIS FORM MUST BE COMPLETED, NOTARIZED AND RETURNED WITH
THIS PROPOSAL).
12
CITY OF ORANGE TOWNSHIP, NJ
REQUEST FOR PROPOSALS
DEPARTMENT: Finance Department
PURPOSE: Finance Training and Assistance Consultant
DUE DATE: February
09, 2023
13
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE.
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
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,
affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except
with respect to affectional or sexual orientation and gender identity or expression, the contractor will
ensure that equal employment opportunity is afforded to such applicants in recruitment and
Employment, and that employees are treated during employment, without regard to their age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or
expression, disability, nationality or sex. Such equal employment opportunity 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.
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, affectional or sexual orientation, gender identity or expression, disability, nationality
or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective
bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor
union of the contractor's commitments under this chapter and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations
promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented
from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith effo11s to meet targeted county
employment goals established in accordance with N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities, and
labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability,
nationality or sex, and that it will discontinue the use of any recruitment agency which engages in
direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure
that all personnel testing conforms with 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. In conforming with the targeted employment goals, 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, race, creed,
color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or
expression, disability, nationality or sex, consistent with the statutes and court decisions of the State
of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of
a goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302 (electronically provided by the Division and
distributed to the public agency through the Division's website at
www tate.nj.us/treasury/contract compliance)
The contractor and its subcontractors shall furnish such reports or other documents to the Division of
Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time
to time in order to carry out the purposes of these regulations, and public agencies shall furnish such
information as may be requested by the Division of Public Contracts Equal Employment Opportunity
Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the
Administrative Code at N.J.A.C. 17:27.
Vendor Signature: _
Tel No:
Date:---------
REQUIRED EVIDENCE
AFFIRMATIVE ACTION REGULATIONS
P.L. 1975, C. 127 (N.J.A.C. 17:27-3.2)
Before being awarded a contract, bidders are required to comply with the requirements of P.L.
1975, C.127, (N.J.A.C. 17:27-3.2). Within seven (7) days after receipt of the notification of intent
to award the contract or receipt of the contract, whichever is sooner, the contractor should present
one of the following to the Contact Person:
1. A photocopy of a valid letter from the U.S. Department of Labor that the contractor has an existing
federally-approved or sanctioned Affirmative Action Plan (good for one year from the date of the
letter);
OR
2.
A photocopy of approved Certificate of Employee Information Report issued in accordance with
N.J.A.C. 17:24-4;
OR
3. An initial Employee Information Report (Form AA302) provided by the Affirmative Action
Office and completed by the bidder in accordance with N.J.A.C.17:27-4;
OR
4. All successful construction contractors must submit within three days of the signing of the
contract an Initial Project Workforce Report (AA201) for any contract award that meets or exceeds
the Public Agency bidding threshold (available upon request) in accordance with N.J.A.C.17:27-7.
NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE
ACTION REGULATIONS OF P.L. 1975, C.127.
The following questions must be answered by all bidders:
1. Do you have a federally-approved or sanctioned Affirmative Action Program?
Yes
No
If yes, please submit a copy of such approval
2. Do you have a Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a copy of such certificate
The undersigned contractor certifies that he is aware of the commitment to comply with the
requirements of P.L. 1975, C.127 and agrees to furnish the required documentation pursuant to the
law.
Company:
Signature:
Title: _
AMERICANS WITH DISABILITIES ACT OF
Equal Opportunity for Individuals with Disability
The contractor and the
of (hereafter "owner") do hereby agree that the provisions of Tile11
of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which
prohibits discrimination on the basis of disability by public entities in all services, programs, and
activities provided or made available by public entities, and the rules and regulations promulgated
pursuant there unto, are made part of this contract. In providing any aid, benefit, or service on behalf
of the owner pursuant to this contract, thec6ntractor agrees that the performances shall be in strict
compliance with the Act. In the event that the contractor, its agents, servants, employees, or
subcontractors violates or are alleged to have violated the Act during the performance of this contract, the
contractor shall defend the owner in any action or administrative proceeding commenced pursuant to
this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and
employees from and against any and all suits, claims, losses, demands, or damages, of whatever
kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at
its own expense, appear, defend, and pay any and all charges for legal services and any and all costs
and other expenses arising from such action or admlnistrati.ve proceeding or incurred in connection
therewith. In any and all complaints brought pursuant to the owner's grievance procedure, the
contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance
procedure. If any action or administrative proceeding results in an award of damages against the
owner, or if the owner incurs any expenses to cure a violation of the ADA which has been brought
pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own
expense.
The owner shall, as soon as practicable after a claim has been made against it, give written notice
thereof to the contractor along with full and complete particulars of the claim. If any action or
administrative proceeding is brought against the owner or any of its agents, servants and employees,
the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint,
notice summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the owner of the services provided by the
contractor pursuant to this contract will not relieve the contractor of the obligation to comply with
the Act and to defend, indemnify, protect,1and save harmless the owner pursuant to this paragraph:
Itis further agreed and understood that the owner assumes no obligation to indemnify or save harmless the
contractor, its agents, servants, employees and subcontractors for any claim which may arise out of
their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that
the provisions of this indemnification shall in no-way limit the contractor's obligations assumed in this
Agreement, nor shall they .be construed to relieve the contractor from any liability nor preclude the owner
from taking any other actions available to it under any other provisions of the Agreement or
otherwise at law.
Representative Name/Title Pritt)-'--: _
Representative's
Signature:
Name of Company:
Telephone No: _
EXHIBITB
BUSINESS REGISTRATION CERTIFICATE (BRC)
CERTIFICATE OF REGISTRATION
(P.L. 1999, C.238)
To:
PROSPECTIVE BIDDERS
Re:
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
I.
Pursuant to P.L. 1999, c.238, et al., specifically, P.L. 2003, c.91, N.J.S.A. 34:11-56.51, all
Bidders are required to be registered by the New Jersey Department of Labor at the time bids are
received by the Project Owner pursuant to the Public Works Contractor Registration Act. *
II.
No bidder shall list a subcontractor in a Bid Proposal for the contract unless the subcontractor
is registered pursuant to P.L. 1999, c. 238 at the time of bid is made.
III.
No contractor or subcontractor shall engage in the performance of any public work subject to the
contract, unless the contractor or subcontractor is registered pursuant to the Act.
IV.
Each contractor shall, after the bid is made and prior to the award of the contract, submit to
the Project Owner the certificates of registration for the bidder and all subcontractors listed in the Bid
Proposal.
*Any bidder who is not registered pursuant to the Act at the time bids are received shall be
automatically disqualified and the bid shall be rejected.
Renewal
Package for
Certificate of
Employee
Information
Report
INSTRUCTIONS FOR COMPLETING THE
EMPLOYEE INFORMATION REPORT (FORM AA302)
IMPORTANT: READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
COMPLETING THE FORM. PRINT OR TYPE ALL INFORMATION. FAILURE TO
PROPERLY COMPLETE THE ENTIRE FORM AND TO SUBMIT THE REQUIRED
$150.00 NON-REFUNDABLE FEE MAY DELAY ISSUANCE OF YOUR
CERTIFICATE. IF YOU HAVE A CURRENT CERTIFICATE OF EMPLOYEE
INFORMATION REPORT, DO NOT COMPLETE THIS FORM UNLESS YOUR ARE
RENEWING A CERTIFICATE THAT IS DUE FOR EXPIRATION. DO NOT
COMPLETE THIS FORM FOR CONSTRUCTION CONTRACT AWARDS.
ITEM 1 - Enter the Federal Identification Number assigned by the Internal Revenue Service, or
if a Federal Employer Identification Number has been applied for, or if your business is such
that you have not or will not receive a Federal Employer Identification Number, enter the Social
Security Number of the owner or of one partner, in the case of a partnership.
ITEM 2 - Check the box appropriate to your TYPE OF BUSINESS. If you are engaged in more
than one type of business check the predominate one. If you are a manufacturer deriving more
than 50% of your receipts from your own retail outlets, check "Retail".
ITEM 3 - Enter the total "number" of employees in the entire company, including part-time
employees. This number shall include all facilities in the entire firm or corporation.
ITEM 4 - Enter the name by which the company is identified. If there is more than one
company name, enter the predominate one.
ITEM 5 - Enter the physical location of the company. Include City, County, State and Zip
Code.
ITEM 6 - Enter the name of any parent or affiliated company including the City, County, State
and Zip Code. If there is none, so indicate by entering "None" or NIA.
ITEM 7 - Check the box appropriate to your type of company establishment. "Single-
establishment Employer" shall include an employer whose business is conducted at only one
physical location. "Multi-establishment Employer" shall include an employer whose business is
conducted at more than one location.
ITEM 8 - If "Multi-establishment" was entered in item 8, enter the number of establishments
within the State of New Jersey.
ITEM 9 - Enter the total number of employees at the establishment being awarded the contract.
ITEM 10 - Enter the name of the Public Agency awarding the contract. Include City, County,
State and Zip Code. This is not applicable if you are renewing a current Certificate.
ITEM 11 - Enter the appropriate figures on all lines and in all columns. THIS SHALL ONLY
INCLUDE EMPLOYMENT DATA FROM THE FACILITY THAT IS BEING AWARDED
THE CONTRACT. DO NOT list the same employee in more than one job category. DO NOT
attach an EEO-1 Report.
Racial/Ethnic Groups will be defined:
Black: Not of Hispanic origin. Persons having origin in any of the Black racial groups of
Africa.
Hispanic: Persons of Mexican, Puerto Rican, Cuban, or Central or South American or other
Spanish culture or origin, regardless of race.
American Indian or Alaskan Native: Persons having origins in any of the original peoples of
North America, and who maintain cultural identification through tribal affiliation or community
recognition.
Asian or Pacific Islander: Persons having origin in any of the original peoples of the Far
East, Southeast Asia, the Indian Sub-continent or the Pacific Islands. This area includes for
example, China, Japan, Korea, the Philippine Islands and Samoa.
Non-Minority: Any Persons not identified in any of the aforementioned Racial/Ethnic Groups.
ITEM 12 - Check the appropriate box. If the race or ethnic group information was not obtained
by 1 or 2, specify by what other means this was done in 3.
ITEM 13 - Enter the dates of the payroll period used to prepare the employment data presented
in Item 12.
ITEM 14 - If this is the first time an Employee Information Report has been submitted for this
company, check block "Yes".
ITEM 15 - If the answer to Item 14 is "No", enter the date when the last Employee Information
Report was submitted by this company.
ITEM 16 - Print or type the name of the person completing the form. Include the signature, title
and date.
ITEM 17 - Enter the physical location where the form is being completed. Include City, State,
Zip Code and Phone Number.
TYPE OR PRINT IN SHARP BALL POINT PEN
THE VENDOR IS TO COMPLETE THE EMPLOYEE INFORMATION REPORT FORM
(AA302) AND RETAIN A COPY FOR THE VENDOR'S OWN FILES. THE VENDOR
SHOULD ALSO SUBMIT A COPY TO THE PUBLIC AGENCY AWARDING THE
CONTRACT IF THIS IS YOUR FIRST REPORT; AND FORWARD ONE COPY WITH A
CHECK IN THE AMOUNT OF $150.00 PAYABLE TO THE TREASURER, STATE OF
NEW JERSEY(FEE IS NON-REFUNDABLE) TO:
NJ Department of the Treasury
Division of Purchase & Property Contract Compliance Audit Unit EEO Monitoring
Program
P.O. Box206
Trenton, New Jersey 08625-0206 Telephone No. (609) 292-5473
PHIL
MURPHY
Governor
SHEILA OLIVER
Lt. Govemor
fnb nf , fu lnsev
DEPARTMENT OF THE TREASURY DIYISION
OF PURCHASE & PROPERTY CONTRACT Elizabeth Maher Muoio
COMPLIANCE AUDIT UNIT EEO MONITORING
State Treasurer
PROGRAM
P.O.BOX 206
TRENTON. NJ 0862:l-0206
ISSUANCE OF CERTIFICATE OF
EMPLOYEE INFORMATION REPORT
Enclosed is your Certificate of Employee Information Report (hereinafter referred to as the
"Certificate" and issued based on the Employee Information Report (AA-302) form completed by a
representative of your company or firm. Immediately upon receipt, this certificate should be forwarded
to the" person in your company or firm responsible for ensuring equal employment opportunity and/or
overseeing the company or firm's contracts with public agencies. Typically, this person may be your
company or firm's Human Resources Manager, Equal Employment Opportunity Officer or Contract
Administrator. If you do not know to whom the certificate should be forward, kindly forward it to the
head of your company or firm. Copies of the certificate should also be distributed to all facilities of
your company or firm who engage in bidding on public contracts in New Jersey and who use the same
federal identification number and company name. The certificate should be retained in your records until the
date it expires. This is very important since a request for a duplicate/replacement certificate will result
in a $75.00 fee.
On future successful bids on public contracts, your company or firm must present a photocopy
of the certificate to the public agency awarding the contract after notification of the award but prior to
execution of goods and services or professional services contract. Failure to present the ce11ificate within the
time limits prescribed may result in the awarded contract being rescinded in accordance with N.J.A.C. 1727-4.3b.
Please be advised that this certificate has been approved only for the time periods stated on the certificate.
As early as ninety (90) days prior to its expiration, the Division will forward a renewal notification. Upon
the Division's receipt of a properly completed renewal application and $150.00 application fee, it will issue
a renewal certificate. In addition, representatives from the Division may conduct periodic visits
and/or
request additional information to monitor and evaluate the · continued equal employment opportunity
compliance of your company or firm. Moreover, the Division may provide your company or firm with
technical assistance, as required. Please be sure to notify the Division immediately if your company's federal
identification number, name or address changes.
If you have any questions, please call (609) 292-5473 and a representative will be available to assist
you.
Enclosure(s) (AA-01 Rev. 11/11)
New Jersey lsa11 Equal Opport1111ity Employer •Pri11ted 011 Recycled a11tl Recyclable Paper
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS
Required Pursuant to N.J.S.A. 19:44A-20.8
CITY OF ORANGE TOWNSHIP, NEW JERSEY
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
"Local Unit Pay-To-Play Law" (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person,
a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act: " business entity" means any natural or legal person, business corporation,
professional services corporation, limited liability company, partnership , limited partnership, business trust,
association or any other legal commercial entity organized under the laws of this State or of any other state or
foreign jurisdiction; "interest" means the ownership or control of more than 10% of the profits or assets of a
business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform
a public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part...
p. The term "political party committee" mea ns the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973 , c.83 (C. l 9:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates’ committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election
in a legislative district, county, municipality or school district, but not more candidates than the total number of
the same elective public offices to be filled in that election, for the purpose of receiving contributions and
making expenditures. For the purpose of this subsection: the offices of member of the board of county
commissioners and county executive shall be deemed to be the same elective public offices in a county; and the
offices of mayor and member of the municipal governing body shall be deemed to be the same elective
public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent
part affecting amounts of contributions:
"The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment
by the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS
Required Pursuant to N.J.S.A. 19:44A-20.8
CITY OF ORANGE TOWNSHIP, NEW JERSEY
Part I- Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
(Contractor)
has not made and will not make any reportable contributions pursuant to N.J.S.A. 19:44A-I et seq. that, pursuant to P.L.
2004, c. 19 would bar the award of this contract in the one-year period preceding the date of reorganization to any of the
following named candidate committee, joint candidates’ committee; or political party committee representing the elected
officials of the CITY OF ORANGE TOWNSHIP as defined pursuant to N.J.S.A. 19:44A-3(p), (a) and (r).
Dwayne D. Warren
Tency A. Eason
Weldon Montague
Quantavia Hilbert
Jamie Summers-Johnson
Clifford Ross
Adrienne Wooten
Kerry J. Coley
Part II - Ownership Disclosure Certification
DOI certify that the list below contains the names and home addresses of all
owners holding 10% or more of the issued
and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
□Partnership
□Corporation □□Sole Proprietorship
□Subchapter S Corporation
□Limited Partnership
□Limited Liability Corporation
□Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 - Signature and Attestation:
The undersigned is fully aware that ifI have misrepresented in whole or part this affirmation and certification, I and/or the
business entity, will be liable for any penalty permitted under law.
Name of Business Entity:
Signed: Title:
Print Name: Date:
day of
(Affiant)
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