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Lead Closed
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Adult & Children Circuit Training & PiYo
BID #: 11
ISSUED: 3/27/2020
DUE: 5/6/2020
VALUE: TBD
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Executive Summary
The Township of East Brunswick is seeking quotations for Fitness Classes, including Adult & Children Circuit Training & PiYo, to be provided to residents on a regular, weekly basis. The contract will run from June 1, 2020, through December 31, 2020, with options to extend to December 31, 2021, and December 31, 2022, based on mutual agreement. Qualified vendors must have certification in Circuit Training and PiYo and pass Township-required background checks. Quotes must be received by the Designated Contact Person, via mail or hand delivery, by 10:00 a.m. prevailing time on May 6, 2020.
Web Content
Bid Postings • Adult & Children Circuit Training & PiYo Skip to Main Content Home Contact Us Accessibility Site Map /QuickLinks.aspx About EB Community Departments Government Recreation & Parks Public Safety Search Township Home Page Recreation & Parks Public Safety Township Clerk Home Bid Postings Print Sign up to receive a text message or email when new bids are added! Print Bid Title: Adult & Children Circuit Training & PiYo Category: Request for Quotes Status: Closed Publication Date/Time: 3/27/2020 12:00 AM Closing Date/Time: 5/6/2020 9:59 AM Related Documents: 2020 RFQ Fitness Classes (PDF) Return To Main Bid Postings Page Live Edit Legal Notices & Public Documents Recreation & Parks Registration Solid Waste & Recycling Taxes, Utilities & Online Payments EB Codebook Ice Arena Contact Us East Brunswick Municipal Building 1 Jean Walling Civic Center Drive | East Brunswick, NJ 08816 Phone Directory | Email Home Contact Us Accessibility Site Map /QuickLinks.aspx Quick Links Bid Opportunities OPRA Requests Job Vacancies CivicReady Alerts Public Documents & Legal Notices /QuickLinks.aspx Government Websites by CivicPlus® Loading Loading Do Not Show Again Close Arrow Left Arrow Right [] Slideshow Left Arrow Slideshow Right Arrow
Document Text
--- Document: 2020 RFQ Fitness Classes (PDF) ---
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Township of East Brunswick Phone: (732) 390-6850
1 Civic Center Drive Fax: (732) 238-8848
East Brunswick, New Jersey 08816-1081 www.eastbrunswick.org
TOWNSHIP OF EAST BRUNSWICK
REQUEST FOR QUOTATION
Fitness Classes – Adult & Children
Circuit Training & PiYo
QUOTE OPENING DATE: May 6, 2020 @ 10:00 A.M.
FAIR AND OPEN PROCESS IN ACCORDANCE WITH
N.J.S.A. 19:44A-20.4 et seq.
Legal Publication Date: East Brunswick Township of East Brunswick NJ
website March 27, 2020
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A. PROJECT BACKGROUND:
The Township of East Brunswick (“Township”) wishes to provide Boot Camp, Circuit Training and
PiYo (“Fitness Classes”) programs to our residents on a regular, weekly basis throughout the year. The
successful vendor shall be awarded a contract to expire December 31, 2020 with the option to extend
contract to December 31, 2021 and December 31, 2022 based upon mutual agreement between the
Township and vendor.
Quotes must be received by the Township’s Designated Contact Person, via mail or hand delivery, by 10:00
a.m. prevailing time on May 6, 2020. Quotes received after 10:00 a.m. on the Due Date will be returned
unopened.
Designated Contact Person:
Nennette Perry, Municipal Clerk
Township of East Brunswick
1 Jean Walling Civic Center Drive
East Brunswick, NJ 08816-1081
It is the Contractor’s obligation to examine and familiarize themselves with all the requirements of this
Request for Quotation prior to submitting a proposal. Contractor may contact the Director of Recreation,
Parks and Community Services at 732-390-6797, weekdays between the hours of 8:30 a.m. and 4:30 p.m.,
with questions regarding this request.
B. SCOPE OF WORK:
The Township is issuing this request for quotation via a fair and open process in accordance with N.J.S.A
19:44A-20.4 et seq.
1. Payment to Other Parties. The Contractor shall not obligate the Township to make any payments
to another party, not make any promises or representations to another party for, or in behalf of,
the Township without prior written approval of the Director of Recreation, Parks and Community
Services or his authorized representative.
2. Provision of Labor, Tools and Equipment. The Contractor agrees to furnish and pay all necessary
expenses for all labor, supplies and equipment in connection with the providing of Fitness Classes
pursuant to this contract.
3. Description of Work.
a. Contractor shall provide Fitness Classes on a weekly basis on the same day of the week,
at the same time, on an agreed upon schedule from June 1, 2020 through December 31,
2020.
b. Classes shall be 60 minutes in length, inclusive of warm-up, cool-down time.
c. Class schedules will be in 8 class cycles (i.e. 1 class per week for 8 weeks, or 2 classes
per week for 4 weeks).
d. Contractor shall have certification in Circuit Training and PiYo from American College
of Sports Medicine, Athletic and Fitness Association of American, International Sports
Sciences Association, or a comparable, recognized certifying authority.
e. Contractor must pass Township required background checks.
f. Contractor must speak fluent English.
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g. Township shall provide secure facility for class.
h. Township shall process registrations via RecTrack system.
i.
Contractor will assure maintaining roster information in a confidential manner.
j.
Contractor will assure maintaining facility access and security codes in a confidential
manner and will maintain a safe and clean environment in facility during classes.
4. Class Scheduling. Classes are to meet at least once per week, on the same day of the week,
throughout the year – per scheduling agreement between Contractor and Township. Classes shall
be 60 minutes in length – inclusive of warm-up and cool-down of participants. Adjustments to be
made based on holiday schedules and inclement weather.
5. Equipment and Supplies. Contractor is responsible for providing, maintaining and transporting
all equipment and supplies in connection with Fitness Classes. Storage of equipment at
Township facility will be permitted if space allows.
6. Personnel. Contractor shall provide qualified employees to perform work required in honoring
this contract. All Contractor employees shall dress in clothing that clearly states they are
employees of Contractor. Smoking, vaping, and consumption of alcohol are not permitted on
Township property – Contractor will ensure that all employees will refrain from these activities
while on Township property and any violator may be removed from facility and face legal
charges deemed appropriate by local law enforcement.
7. Supervision. Contractor understands that classes will occur in secured, Township facilities and
will likely not have Township personnel on hand to supervise facility so Contractor will be
responsible for maintain the safety and integrity of the facility and class participants. Examples
of this are keeping doors locked, windows shut, not allowing people to enter the facility if they
are not class participants, unlocking and locking facility, deactivating and activating facility
security system.
8. Professionalism. Contractor will conduct themselves in a manner which brings credit to the
Township of East Brunswick. Any conduct that is inconsistent with this high standard or
contents of this contract will not be tolerated and will be subject to disciplinary action, which may
include termination of this agreement.
9. Accident and Hazard Prevention. Contractor shall exercise precaution at all times to maintain a
safe environment for all class participants. Contractor is responsible to pay for any damage to
public property that result from classes. Contractor will safely remove all supplies and equipment
from facility upon the completion of classes.
10. Termination of Contract. The Township has cause to terminate contract if Contractor fails to
perform its obligations under the terms of the contract in a timely and proper manner.
11. Payment for Services. Contractor shall submit an invoice and will be paid in the following
manner: Upon satisfactory performance of services, the Contractor shall be paid in full following
the complete execution of services required. Invoice must include all fees and submitted to
Director of Recreation, Parks and Community Services upon the completion of each cycle and
shall be paid within 30 days of completion of cycle and accurate submittal of paperwork,
whichever is later.
C. QUALIFICATIONS:
a. Contractor shall have certification in Circuit Training and PiYo from American College
of Sports Medicine, Athletic and Fitness Association of American, International Sports
Sciences Association, or a comparable, recognized certifying authority.
b. Contractor shall pass background checks administered by the Township.
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D. FAIR AND OPEN CRITERIA:
STANDARDIZED SUBMISSION REQUIREMENTS & SELECTION CRITERIA
1. The solicitation of qualifications for any contract to be determined in excess of $17,500, and for
which a bid solicitation shall not be required under the Local Public Contracts Law shall be
advertised by the Township on the Township website at least ten (10) days prior to the date set for
the receipt of said quote. The published notice shall set forth a description of the requested goods
or services, the time, date and place that proposals must be submitted, the contact information for
obtaining a proposal document, and a statement that the proposals are being solicited through the
fair and open process, in accordance with N.J.S.A. 19:44A-20.4 et seq.
2. The Township shall review the responses to the request for quotes and appoint or award a
contract to a business entity for the goods or services advertised subsequent to such review.
Contracts awarded under this process shall be publicly announced and awarded. The resolution
awarding the contract shall state that the contract was awarded after a fair and open process and
shall state the number of responses received.
3. Contracts subject to the fair and open process delineated herein are subject to additional
Requirements and any other applicable laws including, but not limited to, the Local Public
Contracts Law.
E. SELECTION CRITERIA:
Quotations will be evaluated by the on the basis of the most advantageous, price and other factors
considered. The evaluation will consider:
a. Experience and reputation in the field;
b. Knowledge of the Township of East Brunswick and the subject matter to addressed under the
contract;
c. Availability to accommodate any required meetings of the Township;
d. Compensation proposal;
e. Other factors if demonstrated to be in the best interest of the Township of East Brunswick.
F.
INSURANCE REQUIREMENTS:
1. Indemnification
The contractor agrees to indemnify and save harmless the Township, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or those
acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It is the
intent of the parties to this contract that the indemnities shall, in all instances, except for loss or damage
resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or damage of
any nature whatsoever.
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2. Insurance Requirements:
A. Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
B. General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage, and shall be
maintained in force during the life of the contract.
C. Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the
life of this contract by the contractor.
D. Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for Township.
The contractor shall provide the Township with a Certificate of Insurance naming the Township of East
Brunswick as additionally insured, evidencing the existence of required insurance prior to the
commission of work. Said insurance must include coverage for complete operations, contractual
insurance and independent contractor or subcontractor insurance, where and if applicable.
E. Errors and Omissions Insurance
a. The contractor shall purchase and maintain during the entire period of this contract, errors and
omissions insurance that shall protect the contractor and the Township from any and all claims
that may arise out of or result from the contractor’s performance of this contract. Specifically,
the errors and omissions insurance shall have limits of not less than $2,000,000.00 dollars per
occurrence and $4,000,000.00 dollars in the aggregate.
b. Certificates of the Required Insurance
Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance companies
operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Township with a Certificate of Insurance naming the
Township, its employees, officers, and agents as additionally insured, and evidencing the
existence of required insurance prior to the commission of work.
The Township will not accept Mutual Limitation of Liability terms.
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F. OTHER REQUIREMENTS:
1. Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Pursuant to N.J.S.A. 52:32-44, the Township is prohibited from entering into a contract with an entity unless
the bidder/respondent/contractor, and each subcontractor that is required by law to be named in a
bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and
Enterprise Services within the Department of the Treasury.
Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof
of business registration and that of any named subcontractor(s).
Subcontractors named in a bid or proposal shall provide proof of business registration to the bidder, who in
turn, shall provide it to the Contracting Agency prior to the time of contract, purchase order, or other
contracting document is awarded or authorized.
During the course of contract performance:
(1) The contractor shall not enter into a contract with a subcontractor unless the subcontractor first
provides the contractor with a valid proof of business registration.
(2) The contractor shall maintain and submit to the Contracting Agency a list of subcontractors and
their addresses that may be updated from time to time.
(3) The contractor and any subcontractor providing goods or performing services under the
contract, and each of their affiliates, shall collect and remit to the Director of the Division of
Taxation in the
Department of Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-
1 et seq.) on all sales of tangible personal property delivered in the State. Any questions in this
regard can be directed to the Division of Taxation at (609) 292-6400. Form NJ-REG can be filed
online at www.state.nj.us/treasury/revenue/busregcert.shtml.
Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a
complete and accurate list of all subcontractors used and their addresses. Pursuant to N.J.S.A. 54:49-4.1, a
business organization that fails to provide a copy of a business registration as required, or that provides
false business registration information, shall be liable for a penalty of $25.00 for each day of violation, not
to exceed $50,000, for each proof of business registration not properly provided under a contract with a
contracting agency.
2. Form W-9
Successful contractor shall complete W-9 Form and submit to the Municipal Clerk prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
3. Certification Of Political Contributions - Pay to Play – Notice of Disclosure Requirement
Township Ordinance No. 06-13 Establishing Restrictions on the Award of Contracts to Professional Entities
and Certain Other Entities Who Make Certain Political Contributions, and pursuant to Section 3 (a) thereof,
requires that Respondents confirm that they have not made any contributions in violation of Section 1 of
Ordinance No. 06-13.
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Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
H. PAYMENTS
The Contractor shall invoice the Department Recreation, Parks and Community Services of the Township
and payment will be processed in a timely manner upon receipt of accurate and complete paperwork.
I. QUESTIONS
Any person who has questions or who needs additional information should contact Nennette Perry,
Municipal Clerk, at (732) 390-6850.
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EXHIBIT A - MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE PER
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1.1 et seq.
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 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,
affectional or sexual orientation, gender identity or expression, disability, nationality 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.
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, where applicable, will send to each labor union or representative or
workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to
be provided by the agency contracting 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.
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 efforts to employ minority and women
workers consistent with the applicable county employment goals established in accordance with N.J.A.C.
l7:27-5.2, or a binding determination of the applicable county employment goals determined by the
Division, pursuant to 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, labor unions,
that it does not discriminate on the basis of age, 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.
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Continued
In conforming with the applicable 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, 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
The contractor and its subcontractors shall furnish such reports or other documents to the Div. of
Contract Compliance & EEO 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 Div. of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter
10 of the Administrative Code at N.J.A.C. 17:27-1.1 et seq.
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Fitness Classes – Adult & Children
Circuit Training & PiYo
QUOTATION FORM
Township of East Brunswick
1 Jean Walling Civic Center
Middlesex County, New Jersey 08816
Attn: Township Clerk
QUOTATION OF: ________________________________________________________________
ADDRESS: ____________________________________________
FOR: Fitness Classes – Adult & Children Circuit Training & PiYo
We, the Undersigned Service Provider, acting through our authorized officers and intending to be legally
bound, agree that this Quotation proposal shall constitute an offer by the Undersigned to enter into a
Contract and with the Township of East Brunswick to furnish the necessary goods, services, material and/or
equipment called for in the Quotation. This Quotation shall be irrevocable for sixty (60) calendar days
from the date of receipt hereof.
We further declare that we have carefully examined the Instructions of the Quotation, Specifications, and
Quotation Documents herein referred to and propose to furnish, deliver, install and/or provide all necessary
services specified and in the manner and time prescribed.
Total Price
$__________________________
Name of Provider: ____________________________________________________________________
Address: ______________________________________________________________________
Phone Number: _____________________ E-Mail:______________________________________
**If a corporation, give the State of Incorporation, using the phrase: "A corporation organized under the
laws of ______________________________________."
If a partnership, give names of the partners, using also the phrase: "Co-partners trading and doing business
under the firm name and style of_________________________________________________.”
If an individual using a trade name, give individual name, also using the phrase:
"An individual doing business under the firm name and style of _________________________.”
\
By: ___________________________________
(Signature of Individual, Partner or Officer of Provider)
___________________________________
Title
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STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions.
Failure to submit the required information is cause for automatic rejection of the bid or
proposal.
Name of Organization: _________________________________________________________
Organization Address: __________________________________________________________
Part I - Check the box that represents the type of business organization:
□Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
□ Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
□ For-Profit Corporation (any type) □Limited Liability Company (LLC)
□ Partnership □ Limited Partnership □ Limited Liability Partnership (LLP)
□ Other (be specific): __________________________________________
Part II
□ The list below contains the names and addresses of all stockholders in the corporation who own 10
percent or more if its stock, of any class, or of all individual partners in the partnership who own a 10
percent or greater interest therein, or of all members in the limited liability company who own a 10
percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION)
OR
□ No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no
individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the
limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART
IV)
(Please attach additional sheets if more space is needed):
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Name of Individual or Business Entity
Home Address (for Individuals) or Business Address
Part III - DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC
MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10
percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal
Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met
by providing links to the website(s) containing the last annual filing(s) with the federal Securities and
Exchange Commission (or foreign equivalent) that contain the name and address of each person holding
a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page
numbers of the filing(s) that contain the information on each such person. Attach additional sheets if
more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or
greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed
in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be
continued until names and addresses of every non-corporate stockholder, and individual partner, and
member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been
listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and
Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business
Address
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Part IV - Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I
am authorized to execute this certification on behalf of the bidder/proposer; that the Township
of East Brunswick is relying on the information contained herein and that I am under a continuing
obligation from the date of this certification through the completion of any contracts with
Township of East Brunswick to notify the Township of East Brunswick in writing of any changes
to the information contained herein; that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I am subject to criminal
prosecution under the law and that it will constitute a material breach of my agreement(s) with
the, permitting the Township of East Brunswick to declare any contract(s) resulting from this
certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
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NON-COLLUSION AFFIDAVIT
I, ________________________________ of the City of ___________ _____,
In the County of _______________________, and the State of _________________, of full age, being duly
sworn according to law on my oath depose and say that:
I am ____________________________________________________________of the firm of
_____________________________________________________________, the Proposer herein, and I
executed the Proposer with full authority to do so; that the Proposer has not directly or indirectly, entered
into any agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive proposing in connection with the above-named Vendor, and that all statements contained in
the Proposal and in this affidavit are true and correct, and made with full knowledge that the Township
of East Brunswick relies upon the truth of the statements contained in the Proposal and the statement in
this affidavit in awarding the contract.
I further warrant that no person or selling agency has been employed or retained to solicit or
secure a 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 __________________________________. (Name of Vendor)
____________________________
Signature
____________________________
Print or Type Name and Title
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AMERICANS WITH DISABLITIES ACT OF 1990
EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABLITY
The RESPONDENT and the TOWNSHIP OF EAST BRUNSWICK (herein referred to as the
TOWNSHIP) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of
1990 (the “Act”) (42 U.S.C. S12101 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 regulation promulgated pursuant thereunto, are made a part of this contract. In providing any aid,
benefit, or service on behalf of the TOWNSHIP pursuant to this contract, the RESPONDENT agrees that
the performance shall be in strict compliance with the Act. In the event the RESPONDENT, its agents,
servants, employees, or subcontractors violate or are alleged to have violated the Act during the
performance of this contract, the RESPONDENT shall defend the TOWNSHIP in any action or
administrative proceeding commenced pursuant to this Act. The RESPONDENT shall indemnify, protect,
and save harmless the TOWNSHIP, 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 the alleged violation. The
RESPONDENT 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 administrative proceeding or incurred
in connection therewith. In any and all complaints brought pursuant to the TOWNSHIP’S grievance
procedure, the RESPONDENT agrees to abide by any decision of the TOWNSHIP, which is rendered
pursuant to, said grievance procedure. If any action or administrative proceeding result in an award of
damages against the TOWNSHIP or if the TOWNSHIP incurs any expense to cure a violation of the ADA
which has been brought pursuant to its grievance procedure the RESPONDENT shall satisfy an discharge
the same at its own expense.
The TOWNSHIP shall, as soon as practicable after a claim has been made against it, give written
notice thereof to the RESPONDENT along with full and complete particulars of the claim. If any action or
administrative proceeding is brought against the TOWNSHIP or any of its agents, servants, and employees,
the TOWNSHIP shall expeditiously forward or have forwarded to the RESPONDENT every demand,
complaint, notice, summons, pleading, or other process received by the TOWNSHIP or its representatives.
It is expressly agreed and understood that any approval by the TOWNSHIP of the services provided
by the RESPONDENT pursuant to this contract will not relieve the RESPONDENT of the obligation to
comply with the Act and to defend, indemnify, protect, and save harmless the TOWNSHIP pursuant to this
paragraph.
It is further agreed and understood that the TOWNSHIP assumes no obligation to indemnify or
save harmless the RESPONDENT, its agents, servants, employees and subcontractors for any claim which
may arise out of their performance of this Agreement. Furthermore, the RESPONDENT expressly
understands and agrees that the provisions of this indemnification clause shall in no way limit the
RESPONDENT’S obligations assumed in this Agreement, nor shall they be construed to relieve the
RESPONDENT from any liability, nor preclude the TOWNSHIP from taking any other actions available
to it under any other provisions of this Agreement or otherwise at law.
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Nennette Perry
Municipal Clerk
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Timeline
First Discovered
Mar 31, 2026
Last Info Update
Apr 30, 2026
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