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Bids and RFPs
BID #: N/A
ISSUED: 11/5/2025
DUE: 11/25/2025
VALUE: TBD
90
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Executive Summary
The Borough of Highlands is seeking proposals for various professional services for the calendar year 2026. These include positions such as Administrative Agent, Animal Control, various Attorneys (Municipal, Land Use Board, Bond, Labor, Tax, Affordable Housing, Redevelopment, & Conflict), Auditor, Community Rating System (CRS) Coordinator, various Engineers (Municipal, Land Use Board, & Conflict), IT Services, Planner, Prosecutor, Public Defender, and Risk Manager. The selection process will be based on qualifications, experience, technical competence, and cost-effectiveness. Proposals must be submitted by November 25, 2025, at 11:00 AM prevailing local time.
Web Content
Bids and RFPs Borough of Highlands 2025-12-03T10:48:22-05:00 2026 Title Link 2026 CRS RFP Specs Download 2026 Animal Control RFP Specs Download 2026 Risk Manager RFP Specs Download 2026 Prosecutor and Defender RFP Specs Download 2026 Planner RFP Specs Download 2026 Notice of RFP for Annual Professional Services Download 2026 IT Services RFP Specs Download 2026 Engineer RFP Specs Download 2026 Auditor RFP Specs Download 2026 Attorneys RFP Specs Download 2026 Administrative Agent RFP Specs Download 2025 File Name Category Link Borough of Highlands, New Jersey 2025 Bids and RFPs , Bids and RFPs , Legal Notices , Projects Download Borough of Highlands, New Jersey 2025 Bids and RFPs , Bids and RFPs Download Borough of Highlands, New Jersey 2025 Bids and RFPs , Bids and RFPs Download FY2025 Attorney RFP 2025 Bids and RFPs , Bids and RFPs Download FY2025 Auditor RFP 2025 Bids and RFPs , Bids and RFPs Download FY2025 CRS RFP 2025 Bids and RFPs , Announcements , Bids and RFPs Download FY2025 Engineer RFP 2025 Bids and RFPs , Bids and RFPs Download FY2025 IT Services RFP 2025 Bids and RFPs , Bids and RFPs Download FY2025 LUB Engineer RFP 2025 Bids and RFPs , Announcements , Bids and RFPs Download FY2025 Planner RFP 2025 Bids and RFPs , Bids and RFPs Download FY2025 Prosecutor and Defender RFP 2025 Bids and RFPs , Bids and RFPs Download FY2025 Risk Manager RFP 2025 Bids and RFPs , Bids and RFPs Download Marine Place East Notice to Bidders 20250207 2025 Bids and RFPs , Announcements , Bids and RFPs , Projects , Public Notices Download Notice of RFP for Annual Professional Services 2025 2025 Bids and RFPs , Bids and RFPs Download Notice of RFP for CRS Coordinator 2025 Bids and RFPs , Bids and RFPs Download Notice of RFP for LUB Engineer 2025 2025 Bids and RFPs , Announcements , Bids and RFPs Download Pay to Play Disclosure 2025 Bids and RFPs , Bids and RFPs Download Real Data Collection and Verification 2nd RFP v2 2025 Bids and RFPs , Bids and RFPs Download Shore Dr Pedestrian – Notice to Bidders 20250218 2025 Bids and RFPs , Bids and RFPs , Public Notices Download Washington Ave – Notice to Bidders 20250218 2025 Bids and RFPs , Bids and RFPs , Public Notices Download 2024 File Name Category Link FY2024 Auditor RFP 2024 Bids and RFPs , Bids and RFPs Download FY2024 Auto Repair RFP 2024 Bids and RFPs , Announcements , Bids and RFPs Download FY2024 Auto Repair RFP 2024 Bids and RFPs , Bids and RFPs Download FY2024 Counsel RFP 2024 Bids and RFPs , Bids and RFPs Download FY2024 Engineers RFP 2024 Bids and RFPs , Bids and RFPs Download FY2024 IT Services RFP 2024 Bids and RFPs , Bids and RFPs Download FY2024 Planner RFP 2024 Bids and RFPs , Bids and RFPs Download FY2024 Prosecutor and Defender RFP 2024 Bids and RFPs , Bids and RFPs Download FY2024 Risk Manager RFP 2024 Bids and RFPs , Bids and RFPs Download Notice of RFP for Annual Professional Services 2024 2024 Bids and RFPs , Announcements , Bids and RFPs Download Notice to Bidders Linden Ave Sidewalk 20240614 2024 Bids and RFPs , Bids and RFPs Download Notice to Bidders: Portland Rd Drainage & Roadway Improvements project 2024 Bids and RFPs , Bids and RFPs , Projects , Public Notices Download 2023 File Name Category Link 2023 Auditor RFP 2023 Bids and RFPs , Bids and RFPs Download 2023 Counsel RFP 2023 Bids and RFPs , Bids and RFPs Download 2023 Engineers RFP 2023 Bids and RFPs , Bids and RFPs Download 2023 IT Services RFP 2023 Bids and RFPs , Bids and RFPs Download 2023 Landscape RFP 2023 Bids and RFPs , Bids and RFPs Download 2023 Prosecutor and Defender RFP 2023 Bids and RFPs , Bids and RFPs Download 2023 Risk Manager RFP 2023 Bids and RFPs , Bids and RFPs Download Architectural Services RFQ 2023 Bids and RFPs , Announcements , Bids and RFPs Download Community Rating System (CRS) Coordinator RFP 2023 Bids and RFPs , Bids and RFPs Download Highlands Solid Waste Recycle Bid Specs 20230317 2023 Bids and RFPs , Bids and RFPs Download Notice of RFP for Annual Professional Services 2023 2023 Bids and RFPs , Announcements , Bids and RFPs Download Notice to Bidders – Bayside & Marie Improvements 2023 Bids and RFPs , Announcements , Bids and RFPs , Public Notices Download NOTICE TO BIDDERS Lease B56 L13 20230830 2023 Bids and RFPs , Announcements , Bids and RFPs , Public Notices Download Professional Services Addendum 01 2023 Bids and RFPs , Announcements , Bids and RFPs Download Public Notice – Storm Drain Work 88-6 Portland 2023 Bids and RFPs , Announcements , Bids and RFPs , Public Notices Download 2022 File Name Category Link Attorneys Specifications RFP 2022 2022 Bids and RFPs Download Auditor Specifications RFP 2022 2022 Bids and RFPs Download Bond Counsel Specifications RFP 2022 2022 Bids and RFPs Download Engineers Specifications RFP 2022 2022 Bids and RFPs Download IT Services Specifications RFP 2022 2022 Bids and RFPs Download New Municipal Building: RFP for Construction Bids for Jan. 18, 2022 2022 Bids and RFPs , Bids and RFPs , Project Updates Download Notice of RFP for Annual Professional Services 2022 2022 Bids and RFPs Download Notice to Bidders Hillside Drainage 20220622 2022 Bids and RFPs , Bids and RFPs Download Notice to Bidders Marine Place Boardwalk 2022 Bids and RFPs , Bids and RFPs Download Notice to Bidders: Ederle Park Improvements 2022 Bids and RFPs , Bids and RFPs Download NOTICE TO BIDDERS: Waterwitch Wastewater Pump Station 2022 Bids and RFPs , Bids and RFPs Download 2021 File Name Category Link 2021 Animal Control RFP 2021 Bids and RFPs , Bids and RFPs Download 2021 Attorney Specifications RFP Documents 2021 Bids and RFPs , Bids and RFPs Download 2021 Engineer Specifications RFP Documents 2021 Bids and RFPs , Bids and RFPs Download 2021 Risk Manager Specifications RFP Documents 2021 Bids and RFPs , Bids and RFPs Download 211013_JR_Borough of Highlands_entire Bid Pkg with plans_North St Storm Water Pump Station Electric Upgrades_21001682G_dh 2021 Bids and RFPs , Announcements Download Addenda 8-19-2021 RFP New Municipal Building 2021 Bids and RFPs , Bids and RFPs Download Construction Manager RFP Aug 30 2021 2021 Bids and RFPs , Bids and RFPs , Uncategorized Download RFP Auditor 2021 Notice 2021 Bids and RFPs , Bids and RFPs Download 2020 File Name Category Link 2020 Attorney Specifications RFP Documents 2020 Bids and RFPs , Bids and RFPs Download 2020 Engineer Specifications RFP Documents 2020 Bids and RFPs , Bids and RFPs Download 2020 Prosecutor Defender Specifications 2020 Bids and RFPs , Bids and RFPs Download RFP Planner for Business District and Residential Redevelopment Modifications 2020 2020 Bids and RFPs , Bids and RFPs Download 2019 File Name Category Link 2019 Sanitation BID 2019 Bids and RFPs , Bids and RFPs Download RFP Auditor 2019 Bids and RFPs , Bids and RFPs Download RFP Bond Counsel 2019 Bids and RFPs , Bids and RFPs Download RFP Borough Attorneys 2019 Bids and RFPs , Bids and RFPs Download RFP Borough Engineers 2019 Bids and RFPs , Bids and RFPs Download RFP Prosecutors and Public Defenders 2019 Bids and RFPs , Bids and RFPs Download RFP Risk Manager Consultant Services 2019 Bids and RFPs , Bids and RFPs Download 2018 File Name Category Link Lawn Maintenance Quotes 2018 2018 Bids and RFPs , Bids and RFPs Download RFP – Lease of Borough-Owned Property 2018 Bids and RFPs , Bids and RFPs Download RFP – Lease of Borough-Owned Property 04-06-2018 2018 Bids and RFPs , Bids and RFPs Download RFP Planner B 105.107 L1.1 2018 Bids and RFPs , Bids and RFPs Download RFP Real Property Data Collection and Verification of Services 2019 2018 Bids and RFPs , Bids and RFPs Download 2017 File Name Category Link RFP Planner – Shadow Lawn 2017 Bids and RFPs , Bids and RFPs Download RFP Planner Captain’s Cove 2017 Bids and RFPs , Bids and RFPs Download RFP Planner for Business District Modifications 2017 2017 Bids and RFPs , Bids and RFPs Download RFP RipRap 2017 2017 Bids and RFPs , Bids and RFPs Download RFP with Clarification No. 1 and Addendum No. 1 – 2017 Capital Road Improvements to Valley Street, Hillside Ave, and Portland Road 2017 Bids and RFPs , Bids and RFPs Download Tax Maps for Planner RFPs 2017 Bids and RFPs , Bids and RFPs Download 2016 File Name Category Link 2016-01-29 Request For Quote – Remove Concrete Structure From Community Center Beach 2016 Bids and RFPs , Bids and RFPs Download 2016-03-21 ADDENDUM – Request For Proposals For Architectural Services – Highlands Boro Hall 2016 Bids and RFPs , Bids and RFPs Download 2016-03-21 Request For Proposals For Architectural Services – Highlands Boro Hall 2016 Bids and RFPs , Bids and RFPs Download 2016-04-22 Request For Proposals For Grant Writing Services 2016 Bids and RFPs , Bids and RFPs Download 2016-07-08 Request For Proposals Website 2016 Bids and RFPs , Bids and RFPs Download 2016-12-1 Request for Proposal Attorney 2017 2016 Bids and RFPs , Bids and RFPs Download 2016-12-1 Request for Proposal Auditor 2017 2016 Bids and RFPs , Bids and RFPs Download 2016-12-16 Request for Proposal Snow Plowing & Removal Services 2016 Bids and RFPs , Bids and RFPs Download 2015 File Name Category Link 2015-02-18 NOTICE OF RFP – Grant Writing Services 2015 Bids and RFPs , Bids and RFPs Download 2015-02-18 NOTICE OF RFP Form – Grant Writer And Management Consulting 2015 Bids and RFPs , Bids and RFPs Download 2015-02-27 Notice of RFP – for Highlands Master Plan update and new Master Plan 2015 Bids and RFPs , Bids and RFPs Download 2015-02-27 Public Notice – Public Sale Of Block 72 Lot 2 Owned By The Borough Of Highlands Not Required For Public Purposes 2015 Bids and RFPs , Bids and RFPs Download 2015-03-10 Request For Proposal Planning And Engineering Services For The Preparation Of A Local Hazard Mitigation Plan 2015 Bids and RFPs , Bids and RFPs Download 2015-03-10 RFP Notice For Hazard Mitigation Plan 2015 Bids and RFPs , Bids and RFPs Download 2015-03-20 Notice Of RFP – Clam Depuration Plant Operation Management And Business Consultancy Services 2015 Bids and RFPs , Bids and RFPs Download 2015-03-20 Request For Proposals – Clam Depuration Plant Operation Management And Business Consultancy Services April 1 2015 Through March 30 2016 2015 Bids and RFPs , Bids and RFPs Download 2015-05-01 Request For Proposals For Municipal Public Defender Services 2015 Bids and RFPs , Bids and RFPs Download 2015-05-01 Request For Proposals For Municipal Public Defender Services Public Notice 2015 Bids and RFPs , Bids and RFPs Download 2015-06-01 NOTICE TO BIDDERS – Construction of Rehabilitation of Robert D. Wilson Memorial Community Center 2015 Bids and RFPs , Bids and RFPs Download 2015-06-12 Request For Proposal Highlands Website 2015 Bids and RFPs , Bids and RFPs Download 2015-06-23 NOTICE TO BIDDERS – Improvements to Shore Drive Phase II 2015 Bids and RFPs , Bids and RFPs Download 2015-10-27 NOTICE OF RFP – Professional Services -COAH Professional Planner 2015 Bids and RFPs , Bids and RFPs Download 2015-11-13 REQUEST FOR PROPOSALS Lead Inspection Services and Lead Removal Project Management Services 2015 Bids and RFPs , Bids and RFPs Download 2015-11-13 REQUEST FOR PROPOSALS Lead Inspections and Lead Hazard Removal Project Management Services Borough of Highlands New Jersey 2015 Bids and RFPs , Bids and RFPs Download 2015-12-22 NOTICE OF RFP – Auditor 2016 2015 Bids and RFPs , Bids and RFPs Download 2015-12-22 NOTICE OF RFP – Borough Attorney 2016 2015 Bids and RFPs , Bids and RFPs Download 2015-12-22 RFP – Auditor 2016 2015 Bids and RFPs , Bids and RFPs Download 2015-12-22 RFP – Borough Attorney 2016 2015 Bids and RFPs , Bids and RFPs Download 2015-12-23 NOTICE OF RFP – Engineer 2016 2015 Bids and RFPs , Bids and RFPs Download 2015-12-23 RFP – ENGINEER 2016 2015 Bids and RFPs , Bids and RFPs Download 2014 File Name Category Link 2014-01-31 Notice to Bidders – Two Ambulances 2014 Bids and RFPs , Bids and RFPs Download 2014-05 RFP – Borough of Highlands Sanitary Sewer System Operation and Maintenan 2014 Bids and RFPs , Bids and RFPs Download 2014-05-23 Bid Invitation and Notice to Bidders 2014 Bids and RFPs , Bids and RFPs Download 2014-06-05 Notice Of RFP – Construction-Code-Planning-Zoning Office Software-Licensing-Database And Maintenance Services 2014 Bids and RFPs , Bids and RFPs Download 2014-06-05 RFP – Construction-Code-Planning-Zoning Office Software-Licensing-Database And Maintenance Services 2014 Bids and RFPs , Bids and RFPs Download 2014-06-05 RFP – Construction-Code-Planning-Zoning Office Software-Licensing-Database And Maintenance Services (1) 2014 Bids and RFPs , Bids and RFPs Download 2014-10-22 Notice of Solicitation for Requests for Proposals Special Counsel Services for Super Storm Sandy For FEMA and Insurance Issues 2014 Bids and RFPs , Bids and RFPs Download 2014-11-25 Bid Notice for Vacum Street Sweeper 2014 Bids and RFPs , Bids and RFPs Download 2014-11-25 Bid Specification for Vacum Street Sweeper 2014 Bids and RFPs , Bids and RFPs Download 2014-12-01 Request For Proposal From Individuals And Or Firms Interested In Providing Planning Services For The Preparation Of A Master Plan Re-Examination And A New Master Plan For Th 2014 Bids and RFPs , Bids and RFPs Download 2014-12-01 Request For Proposals Legal Notice – Planning Services For The Preparation Of A Master Plan Update And New Master Plan 2014 Bids and RFPs , Bids and RFPs Download 2014-12-19 Request For Proposal – From Individuals And Or Firms Interested In Providing Planning, Design, Engineering And Grant Administration Services For The Bay Avenue Streetscaping 2014 Bids and RFPs , Bids and RFPs Download 2014-12-19 Request for Proposals – Preparation of a streetscape design and engineering services 2014 Bids and RFPs , Bids and RFPs Download 2014-12-23 RFP & Qualifications Borough Attorney 2014 Bids and RFPs , Bids and RFPs Download 2014-12-23 RFP & Qualifications Borough Auditor 2014 Bids and RFPs , Bids and RFPs Download 2013 File Name Category Link Bid Specifications – Private Property Debris Removal and Demolition 2013 Bids and RFPs , Bids and RFPs Download Bid Specifications – Solid Waste and Recycling Collection Service 2013 Bids and RFPs , Bids and RFPs Download Notice to Bidders – Real Property Data Collection and Verification Services 2013 Bids and RFPs , Bids and RFPs Download RFP for Highlands Grant Writing & Consulting Services 2013 Bids and RFPs , Bids and RFPs Download RFP for Real Property Data Collection and Verification Services 2014 2013 Bids and RFPs , Bids and RFPs Download RFP For The Preparation of a Strategic Recovery Planning Report 2013 Bids and RFPs , Bids and RFPs Download RFP Notice – Highlands Grant Writing & Consulting Services 2013 Bids and RFPs , Bids and RFPs Download RFP To Assist In the Preparation of a Strategic Recovery Planning Report 2013 Bids and RFPs , Bids and RFPs Download Seeking the assistance of an AICP-PP Licensed Professional Planner or professional consultancy firm 2013 Bids and RFPs , Bids and RFPs Download [/vc_column_text][/vc_column][/vc_row]
Document Text
--- Document: 2026 CRS RFP Specs --- BOROUGH OF HIGHLANDS LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids will be received by the Borough Administrator, for the Borough of Highlands, County of Monmouth, State of New Jersey on November 25, 2025 at 11:00am prevailing time at Borough Highlands 151 Navesink Ave., Highlands, NJ 07732, New Jersey at which time and place bids will be opened and read in public for: COMMUNITY RATING SYTEM (CRS) COORDINATOR Specifications and other bid information may be obtained at the Office of the Municipal Clerk/Administrator, Borough Highlands 151 Navesink Ave., Highlands, NJ 07732, during regular business hours, Monday through Friday 8:30am to 4:30pm. or by visiting WWW.HIGHLANDSNJ.GOV. If a bidder is requesting specifications through the mail, bidder must include their company name, full business address, business phone number, e-mail if available. The Borough of Highlands disclaims any responsibility for specifications forwarded by mail. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to the procurement. Respondents shall comply with the said requirements with the BID. All Bid Addenda shall be published in the Asbury Park Press and on the Borough website no later than ten days, Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids. Therefore, all interested respondents should check the newspapers and website from now through the Bid opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to the procurement. 1. This solicitation will be awarded via a Fair and Open Process in accordance with N.J.S.A. 19:44A-20.5 et seq. 2. Bidder must be registered with the State of New Jersey at the time of the contract award. Bidders will be required to present a copy of their Business Registration Certificate (BRC). 3. Bidders must provide an Ownership Disclosure Affidavit with the bid proposal; failure to provide the same is a non-waivable defect. 4. Bidders must comply with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 5. Price and other factors considered. Responses one (1) original with original signatures and one (1) flash drive containing exact copies of the original submission. Michael F Muscillo, MPA Borough Administrator Publication date: November 5, 2025 REQUEST FOR PROPOSALS (RFP) FOR A COMMUNITY RATING SYSTEM (CRS) COORDINATOR FOR HIGHLANDS, NJ I. PURPOSE OF RFP The Borough of Highlands invites the submittal of responses to this RFP from qualified individuals or firms to provide CRS Coordination as herein outlined. Project Background The Borough of Highlands is seeking to join the CRS program. CRS is a voluntary program of the National Flood Insurance Program. Through the CRS, communities that are undertaking floodplain management activities that exceed the minimum floodplain management requirements of the NFIP earn reductions in the flood insurance premiums of their residents resulting in more affordable flood insurance. But more than this, by applying a whole community approach to floodplain management, the CRS contributes to community resilience, increased insurance coverage, public safety and the protection of floodplain natural functions. These benefits are evident in participating communities and collectively nationwide. Downtown Highlands is primarily in the AE12 and AE14 Flood Zones. The Borough sits upon three-quarters of a square mile along the Shrewsbury River. Objectives The Borough of Highlands proposes to retain a highly-qualified, capable individual or firm to provide coordination to enter into the CRS program. The Borough requests qualifications from individuals or firms in preparing all research and coordination with Borough Officials, Monmouth County Planning, ISO, FEMA and any other agencies needed to secure entry into the CRS Program. The Borough will give prime consideration to individual or the firm with significant, current experience in successfully entered into the CRS program. Scope of Work The selected individual or firm will be required to perform the following services to be specified more fully in a contract agreement to be negotiated after selection. 1. Satisfy Class 9 Prerequisites 2. Attend meeting required to submit the CRS Application 3. Gather necessary documentation 4. Submit Application 5. Be present for the Verification Visit II. REQUIREMENTS OF VENDORS All applicants must include the following information in their proposal: 1. Names and statements of qualifications of chief officers of the entity or corporation. 2. Names and statements of qualifications of the person or persons who will be handling the account on a day-to-day basis. 3. Estimated response time and typical protocol for handling responses 4. References from existing clients, especially those in state or municipal government. 5. If government references are available, name and contact information of purchasing agent or Finance Office contact. 6. Copy of completed Borough of Highlands pay-to-play forms, available from Borough Clerk’s office. Applications that do not include these forms will be considered incomplete and not considered. 7. Name of at least one client that discontinued service with the vendor in the past three years. 8. Statement of vendor’s ability to abide by a government purchasing schedule, which may take up to six weeks to make payment. 9. Statement that vendor shall provide staff during regular Borough business hours on one (1) day of each week of each month during the term of the contract to assist the Borough with the subject network. As part of its proposal, the vendor shall be required to provide a fee proposal with and without this staffing requirement. III. TERMS, CONDITIONS AND REQUIREMENTS Note: Once the Borough selects a proposal, the parties will be required to execute a contract. A. Vendor and Borough Ethics The Borough and persons who/that provide services to it are governed by the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., and ethics policies adopted by the Borough. In particular, proposers are put on notice that the Borough employees, as well as members of their immediate family and business organizations in which they have an interest, are prohibited from soliciting or accepting gifts, favors, loans, services, promise of future employment or other thing of value from any person or entity which has a contract with the Borough or the Borough employee has reason to believe that the person or entity may be awarded a contract with the Borough. B. Insurance Requirements The proposer selected to provide the services described in this RFQ/RFP are required to maintain the following policies of insurance during the term of the contract: Not less than the minimum Workers’ Compensation and Employer’s Liability insurance required by New Jersey law. Commercial General Liability including Products/Completed Operations liability coverage for Personal Injury and Property Damage of not less than one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000) annual aggregate. Professional Liability insurance in the amount of one million dollars ($1,000,000) for each wrongful act/two million dollars ($2,000,000) aggregate. C. New Jersey Business Registration Requirements The following provisions apply to the contract for this RFQ/RFP unless the proposer is (a) a not-for-profit business or (b) a body corporate and politic of the State of New Jersey. For the purpose of this Agreement, the following terms have the meanings stated below. “Affiliate” means an entity that (a) directly, indirectly, or constructively controls another entity, (b) is directly, indirectly or constructively controlled by another entity or (c) is subject to the control of a common entity if it owns, directly or individually, more than 50% of the ownership interest in the common entity. “Agreement” means this RFQ/RFP, executed by the proposer and the Borough. “Business organization” means an individual, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof. It also includes any affiliates of the business organization. It does not include government agencies or organizations organized as non-profit entities. “Proof of registration” means a copy of the organization’s “Business Registration Certificate” issued by the New Jersey Treasury Department, Division of Revenue. No other form is valid. "Subcontractor" means any business organization that (a) is not the Proposer and (b) knowingly provides goods or performs services for a Proposer or another subcontractor in the fulfillment of the Proposer’s responsibilities pursuant to this Agreement. C1. The proposer shall submit proof of registration to the Borough. C2. The proposer shall notify in writing all subcontractors that will provide services pursuant to this Agreement that each is required to provide proof of registration to the Borough. C3. Final payment pursuant to this Agreement shall not be owed to the proposer until the proposer has submitted (a) an accurate list of all subcontractors that provided services pursuant to this Agreement and (b) proof of registration for each or, in the alternative, the proposer has certified that no subcontractors provided services in connection with this Agreement. C4. A business organization that fails to provide a copy of business registration as required pursuant to section 1 of P.L. 2001, c.134 (C.52:32-44 et al.) or subsection e. or f. of section 92 of P.L. 1977, c.110 (C.5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each business registration copy not properly provided pursuant to this Agreement. IV. SELECTION PROCESS All interested parties are requested to provide a detailed written proposal indicating how the services will be provided and by whom and the cost for same. An evaluation committee will evaluate proposals according to competitive criteria, with cost, vendor experience, response time, qualifications of responding personnel, and ability to follow New Jersey public procurement laws and procedures to be considered. All proposals must include daytime contact information for the primary person who would be handling the account for the Borough of Highlands. Please submit one original and one (1) thumb drive of your proposal and the attached questionnaires, either in person or postmarked to Borough Administrator, Borough of Highlands/RFP CRS, 151 Navesink Ave., Highlands, NJ 07732, no later than November 25, 2025, at 11:00am prevailing local time. Any questions about the requirements can be directed to Michael Muscillo, (732) 872-1224 x203, or mmuscillo@highlandsnj.gov. V. CONDITIONS GOVERNING PROPOSALS The Borough of Highlands is not responsible for any proposals that are lost, wrongly addressed, misdirected or otherwise undeliverable. The Borough of Highlands is not responsible for any costs incurred in preparing submissions of responses to this RFP. By submitting a proposal, a vendor agrees that it will not make any claims for or have any right to damages because of any misrepresentation or lack of information. All materials, proposals and contents submitted during the review process will become the property of the Borough of Highlands except in cases mutually agreed upon by the parties. --- Document: 2026 Animal Control RFP Specs --- 1 BOROUGH OF HIGHLANDS 2026 REQUEST FOR PROPOSALS PROFESSIONAL SERVICES CONTRACT TO BE AWARDED BY ESTABLISHED QUALIFICATION CRITERIA FOR ANIMAL CONTROL SERVICES Notice is hereby given that sealed proposals addressed to Borough Administrator, will be received up to 11:00am prevailing time on November 25, 2025, at which time they will be publicly opened and read by the Borough of Highlands, at the Municipal Building, 151 Navesink Ave., Highlands, New Jersey 07732. Specifications and other bid information may be obtained at the Borough Office at 151 Navesink Ave., Highlands, NJ during normal business hours 8:30am – 4:30pm or online at www.highlandsnj.gov. Bids must be made on the proposal forms included with the bid specification, be enclosed in a sealed package bearing the name and address of the bidder and “ANIMAL CONTROL SERVICES, NAME” on the outside, addressed to Michael Muscillo, at the address above. Pursuant to N.J.S.A. 40A:11-23c, addenda may be issued for proposals. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. Copies of addenda or notice of same will be made available on the Borough website. It is recommended that all bidders who download specifications from the website to check prior to bid opening to see if any addenda have been issued. The Borough of Highlands is soliciting proposals through a fair and open process in accordance with N.J.S.A. 19:44A- 20.4 et seq., P.L. 2004 Chapter 19 (as amended by P.L. 2005, c.51), Highlands Borough is soliciting Requests for Proposal for Bidders for professional service position appointments. All reportable contributions to any Highlands Borough candidate for Mayor or Borough Council or officeholder of political committee are required to be reported pursuant to N.J.S.A. 19:44A-1, et seq. Responses to the above referenced professional position should address the general criteria and mandatory minimum criteria for the position sought. All responses will be treated as confidential and reviewed only by the Administrator and Governing Body, unless otherwise required by law. The applicant/proposer shall submit one (1) original with original signatures marked “ORIGINAL” and two (2) flash drives containing exact copy of the original in PDF format. One (1) or more Animal Control Service(s) may be awarded a one (1) year contract. Appointment(s) shall be for the calendar year of 2026. Price and other factors considered. The Borough Council reserves the right to reject any or all proposals in whole or in part and to waive such informalities as may be permitted by law. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq., Affirmative Action requirements, N.J.S.A. 19:44A-20.4 et seq., P.L. 2004, Chapter 19 (as amended by P.L. 2005, c.51) Michael F Muscillo Borough Administrator November 3, 2025 2 1. INTRODUCTION The Borough of Highlands (hereinafter the “Borough”) is soliciting proposals from qualified firms interested in performing the duties and functions for Animal Control Services and intends to award a professional services contract for the defined scope of work in accordance with N.J.S.A. 19:44A-20.4 et seq. (Fair and Open process) for the 2026 calendar year. Price and other factors considered. As used herein, the term “Borough” shall include all Highlands Borough Departments, Boards, Commissions, and affiliated. 2. ADMINISTRATIVE CONDITIONS AND REQUIREMENTS The following items express the administrative conditions and requirements of this RFP/RFQ. Together with the other RFP/RFQ sections, they will apply to the RFP/RFQ process, the subsequent contract and project production. Any proposed change, modification, or exception to these conditions and requirements may be the basis for the Borough to determine the proposal as non-responsive to the RFP/RFQ and will be a factor in the determination of an award of a contract. The contents of the proposal of the successful bidder, as accepted by the Borough, will become part of any contract awarded as a result of this RFP/RFQ. 2.1 Proposal Submission Information Submission Date and Time: November 25, 2025, 11:00am prevailing time The Bidder shall submit one (1) original with original signatures marked “ORIGINAL,” and two (2) flash drives containing exact copy of the original submission in pdf format. Submission Office: Borough of Highlands/Animal Control Services Borough Administrator 151 Navesink Ave. Highlands, NJ 07732 Clearly mark the submittal package with the title of this RFP/RFQ Planner 2026 and the name of the responding firm, addressed to the Borough Administrator. The original proposal shall be marked to distinguish it. Only those RFP/RFQ responses received prior to or on the submission date and time as specified on the Notice to Bidders will be considered. Any submission(s) received after the specified date and time will be returned unopened. Responses delivered before the submission date and time specified above may be withdrawn upon written application of the Bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the proposal. After the submission date and time specified, responses must firm for a period of sixty (60) days. 2.2 Interpretations and Addenda Bidders are expected to examine the RFP/RFQ with care and observe all its requirements. All questions about the meaning or intent of this RFP/RFQ, all interpretations and clarifications considered necessary by the Borough’s representative in response to such comments and questions will be issued by Addenda. Only comments and questions responded to by formal written Addenda will be binding. Questions may be emailed to mmuscillo@highlandsnj.gov. Oral interpretations, statements or clarifications are without legal effect. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. If bidders download a Bid/RFP/RFQ from the 3 website, it is the responsibility of the person submitting the bid to check prior to the bid opening to see if addenda have been issued. Copies of addenda or notice of same will be made available on the Borough website. 2.3 Assign, Sublet or Transfer Any Rights/Interests Neither the Borough nor the Bidder shall assign, sublet, or transfer any rights or interest in this Agreement without the prior written consent of the other party. Unless specifically stated to the contrary, in writing, prior to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to any party other than the Borough and the Contractor. 2.4 Cost Liability and Additional Costs The Borough assumes no responsibility and liability for costs incurred by the Bidders prior to the issuance of an agreement. The liability of the Borough shall be limited to the terms and conditions of the contract. Bidders will assume responsibility for all costs not stated in their proposals. All unit rates either stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional charges, unless incurred for additional work performed by request of the Borough, are not to be billed and will not be paid. 2.5 Statutory and Other Requirements a. Compliance with Laws Any contract entered into between the Bidder and the Borough must be in accordance with and subject to compliance by both parties with the New Jersey Local Public Contracts Law. The Bidder must agree to comply with the non-discrimination provisions and all other laws and regulations applicable to the performance of services thereunder. The Bidder shall sign and acknowledge such forms and certificates as may be required by this section. b. Mandatory EEO/Affirmative Action Compliance No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed. c. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the delivery of services is prohibited. Bidders are required to read American with Disabilities language that is part of the documents attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The Bidder is obligated to comply with the Act and hold the Borough harmless. d. Ownership Disclosure An Ownership Disclosure Statement is required to be submitted with each bid. This mandatory form is provided as part of the bid documents. FAILURE TO INCLUDE A COMPLETED OWNERSHIP DISCLOSURE STATEMENT WITH EACH BID SHALL RESULT IN THE REJECTION OF THE BID. e. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of this RFP/RFQ, shall be properly executed and submitted with the RFP/RFQ response. This form is provided as part of the bid documents. f. NJ Business Registration Certificate A New Jersey Business Registration Certificate is required pursuant to C57, PL2004; failure to be registered by time of contract award may be cause for rejection. Entities or individuals that need to file for a certificate may do 4 so on-line through the NJ Division of Local Government Services at the following link: http://www.state.nj.us/treasury/revenue/busregcert.shtml. g. Disclosure of Investment Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). The form is included as part of the bid documents. h. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity that seeks to enter into or renew a contract with a State Agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete a certification indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If Highlands finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. This form is included as part of the bid documents. i. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27) (1) Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website. (2) Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year. (3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us. (4) If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or 609-292-8700. j. Insurance and Indemnification If it becomes necessary for the Bidder, either as principal or by agent or employee, to enter upon the premises or property of the Borough in order to construct, erect, inspect, make delivery or remove property hereunder, the Bidder hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. The Bidder further covenants and agrees to indemnify and save harmless the Borough from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Borough regulation, ordinance or the laws of the State, or the United States while said work is in progress. The Bidder shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. Successful bidder will indemnify and hold harmless the Borough from all claims, suits or actions and damages or costs of every name and description to which the Borough may be subjected or put by reason of injury to the person 5 or property of another, or the property of the Borough, resulting from negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or sub-contractors in the delivery of materials and supplies, or in the performance of the work under this agreement. Certificates of the Required Insurance Certificates as listed below shall be submitted along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the Borough as an additional insured. Insurance/Background Checks The Bidder is responsible to conduct adequate background checks on all employees and/or sub-contractors working at Borough facilities. Consultants and/or sub-contractors must be bonded, show proof of insurance coverage naming the Borough as an additional insured, and workers’ compensation insurance. Insurance Requirements The Bidder shall maintain during the life of the contract, insurance policies of the type and with the minimum limits indicated below and, in a form, satisfactory to the Borough. The Bidder shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the municipality prior to commencement of work. 1. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer’s Liability is $500,000.00. 2. General Liability Insurance This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 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 this contract by the bidder. 3. Automobile Liability Insurance This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $1,000,000.00 each accident for property damage, shall be maintained in force during the life of this contract by the bidder. 4. Professional Liability This insurance shall be maintained in force during the life of this contract by the bidder covering claims arising from errors and omissions/malpractice from its representation of the municipality with limits of not less than $1,000,000.00 per occurrence. Per GFOA, level of malpractice insurance carried, including deductible amount to cover Errors & Omissions (E&O) improper judgments and negligence. k. HIPAA (if applicable) Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (‘HIPAA”) as may be amended from time to time and the corresponding HIPAA regulations for the confidentiality and security of medical information. The Bidder shall: Not use or disclose protected health information other than as permitted or required by law. Use appropriate safeguards to protect the confidentiality of the information. Report any use or disclosure not permitted. 6 The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. l. Proof of Licensure Proof of licensure for providing Professional Services in the State of New Jersey, for either the firm or the person responsible for the work, shall be provided as required. m. Public Emergency In the event of a Public Emergency declared at the Local, State or Federal Level, if the Borough opts to extend terms and conditions of this RFP/RFQ, the Bidder agrees to extend the terms and conditions of this RFP/RFQ, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original Bidder cannot meet this requirement, the Borough may solicit the goods and/or services from any respondent on this contract. n. Multiple Proposals Not Accepted More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered. o. Failure to Enter Contract Should the Bidder, to whom the contract is awarded, fail to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, the Borough may then, at its option, accept the proposal of another Bidder. p. Commencement of Work The Bidder agrees to commence work on January 1, 2026. q. Termination of Contract If, through any cause, the Bidder shall fail to fulfill in a timely and proper manner obligations under the Contract or if the Bidder violates any requirements of the Contract, the Borough shall thereupon have the right to terminate the Contract by giving written notice to the Bidder of such termination at least thirty (30) days prior to the proposed effective date of the termination. Such termination shall relieve the Borough of any obligation for the balances to the Bidder of any sum or sums set forth in the Contract. The Bidder agrees to indemnify and hold the Borough harmless from any liability to sub-contractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Contract by the Borough under this provision. In case of default by the Bidder, the Borough may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. r. Non-Allocation of Funding Termination Each calendar year payment obligation of the Borough is conditioned upon the availability of Borough funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Bidder hereunder, whether in whole or in part, the Borough at the end of any particular calendar year may terminate such services. The Borough will notify the Bidder in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Borough to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party Bidder. 7 s. Challenge of Specifications Any Bidder who wishes to challenge a specification shall file such challenge in writing with the Purchasing Agent no less than three (3) business days prior to the opening of the RFP/RFQ’s. Challenges filed after that time shall be considered void and having no impact on the Borough or the award of contract. t. Payment Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the Proposal Cost Form. Payment will be made within sixty (60) days or less provided the Bidder returns signed purchase order with original signature and original invoice within specified time period. The Borough may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following: 1. Deliverables not complying with the project specification; 2. Claims filed or responsible evidence indicating probability of filing claims; 3. A reasonable doubt that the Contract can be completed for the balance then unpaid. When the above grounds are removed, payment shall be made for amounts withheld because of them. u. Non-payment of Penalties and Interest on Overdue Bills Public funds may be used to pay only for goods delivered or services rendered. The Borough will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Borough to pay additional fees. A purchase order must be signed for payment to be made. v. Availability of Funds Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually w. Ownership of Material The Borough shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the Borough to the Bidder for the purpose of assisting the Bidder in the performance of this contract. All such items shall be returned immediately to the Borough at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the Borough, be disclosed to others or used by the Bidder or permitted by the Bidder to be used by their parties at any time except in the performance of the resulting contract. Ownership of all data, materials and documentation originated and prepared for the Borough pursuant to this contract shall belong exclusively to the Borough. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the Borough upon completion of the project. The Bidder shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the Borough. All information supplied to the Borough may be required to be supplied on CD-ROM media compatible with the Borough’s computer operating system, windows based, Microsoft Office Suite 2007 or greater. x. Altering Official Document Bidders shall not write in any margins or alter the official content of Borough’s document. 8 y. W-9 Successful Bidder shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf z. Best Practices The awarded Animal Control Service(s) will adhere to the best practices described in the Office of the Comptroller’s Report on municipal legal services. aa. Conflict of Interest Indicate and disclose below any potential conflicts of interest that the Animal Control Service(s) may have in performing these services for the Borough of Highlands. Conflict of Interest Yes __________ No _________ If answered “yes”, please explain below or on separate sheet(s) _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 3. Representations The Bidder hereby represents as follows: (a) The Bidder is financially solvent, able to pay its debts as they become due and possessed of sufficient working capital to complete the services required and perform its obligations under this Agreement. (b) The Bidder is able to furnish the workplace, tools, materials, supplies, equipment and labor necessary to complete the Services and perform all of its obligations under the Contractual Documents, and has sufficient experience and competence to do so. (c) The Bidder is authorized to do business in the State of New Jersey and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Bidder and the Services it will be performing. (d) The Bidder’s execution of and performance under this Agreement are within its duly authorized powers. (e) The Bidder certifies that it has satisfied itself, from its own investigation, of the conditions to be met, and that it fully understands its obligations and agrees that it will not make any Claim for, or have right to, cancellation or relief from the Contractual Documents without penalty because of its misunderstanding or lack of information. (f) The Bidder certifies that all representations made by it in any of the Contractual Documents are true, subject to penalty of law. The Bidder understands and agrees that its knowing or intentional violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact may be cause for termination of this Agreement. The Bidder understands and agrees that the Bidder’s violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact shall serve as a legal bar to the Bidder’s enforcement of its rights under the Contractual Documents, including any and all Claims at law or equity. (g) The Bidder and any firm it has subcontracted has provided to the Authority proof of valid business registration with the Division of Revenue of the New Jersey Department of the 9 Treasury, pursuant to L. 2001, c. 134, as set forth in Appendix E, and the Bidder shall not enter into any subcontract with a firm that has not provided it and the Authority with proof of such valid business registration 10 ANIMAL CONTROL SERVICE These contracts are to furnish and deliver professional services for the Borough of Highlands through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq. as follows: Any persons or firms interested in providing professional services to the Borough of Highlands as defined in the New Jersey Statutes, N.J.S.A. 40A:11-2(6). SCOPE OF WORK: ANIMAL CONTROL SERVICES GENERAL CRITERIA: Highlands Borough desires to appoint a qualified, licensed Animal Control Service(s) or firm, to provide Animal Control Services as required by NJSA 4:19-15.16 et seq. Any experience or knowledge of matters that directly affect the Borough of Highlands should be addressed. Animal Shelter Services shall also be required. MANDATORY MINIMUM REQUIREMENTS: The proposal submitted by the Respondent must meet or exceed the professional, administrative and financial qualifications and requirements as set forth in the RFP/RFQ and shall incorporate the information requested below. A Respondent may submit supplemental information that it feels may be useful in evaluating its proposal. Respondents are encouraged to be clear, factual, and concise in their presentation of information. 1. Must be certified to provide Animal Control Services in the State of New Jersey. 2. Must have a minimum of ten (10) years’ experience in providing Animal Control Services in New Jersey. 3. Must be knowledgeable of the Borough of Highlands. 4. Must maintain a staff of New Jersey licensed or certified professionals sufficient to service Borough of Highlands. 5. Must have availability to accommodate the needs of the Borough. As reasonable accessibility is relevant consideration, the Animal Control Service should have its office within reasonable distance to Highlands. The position requires extensive interaction with Borough employees and officials. 6. Must have Animal Control Officers with at least ten (10) years of municipal experience. 7. Must list past and present municipalities served as Animal Control. 8. Schedule of hourly rates for staff. The fee proposal at the end of this section must be completed as outlined or the proposal will be rejected. 11 PROPOSAL REQUIREMENTS FEE PROPOSAL TO PROVIDE THE SERVICES OUTLINED ABOVE This fair and open process proposal is for the Request for Proposal/Request for Qualifications. Contract award shall be made with reasonable promptness by written notice to that responsible bidder, whose bid proposal, conforming to this RFP/RFQ, is most advantageous to the Borough. Qualification Statement and Proposal Respondents are requested to submit a Qualification Statement. The Qualification Statement and Proposal must contain all requirements of the RFP/RFQ and the following information. 1. A statement that your firm is interested in performing the work described in this RFP/RFQ. 2. The address of the office in which the work will be performed. 3. The name and title of the individuals who will be assigned to the project(s). 4. A narrative demonstrating your understanding of all work necessary. The narrative must detail your firm’s particular ability to perform the type of work. The narrative must indicate the experience of your firm/staff for the type of work involved for the categories your firm is preparing a response. The narrative should address the ability of your firm to complete the required work in a professional and cost-effective manner. Additional Attachments (Required) Resumes with titles of key personnel who will be assigned to project must be submitted along with your firms’ proposals. Each resume shall be a maximum of two, 8 ½ “x 11” sheets in length and must highlight education, professional credentials, and work performance similar to that described in this RFP/RFQ. Resume(s) of key personnel must be included. Basis for Award of Contract/Agreement for Professional Services The Borough shall award all professional service contracts or agreements based on qualifications, knowledge and technical competence, experience performing similar work and other factors considered Fee Schedule Respondents shall submit a proposed hourly rate fee schedule for the period of January 1, 2026 through December 31, 2026. References Please provide a list of (3) three clients for whom similar Animal Control services have been provided. Include the following in your response: 1. Name of Client 5. Telephone Number 2. Address of Client 6. E-mail address 3. Contact Person’s Name 7. Dates Worked (time period worked with client) 4. Contact Person’s Title 12 EVALUATION, REVIEW AND SELECTION PROCESS Proposals to Remain Subject to Acceptance RFP/RFQ responses shall remain open for a period of sixty (60) calendar days from the stated submittal date. The Borough will either award the Contract within the applicable time period or reject all proposals. The Borough may extend the decision to award or reject all proposals beyond the sixty (60) calendar days when the proposals of any respondents who consent thereto may, at the request of the Borough, be held for consideration for such longer period as may be agreed. Rejection of Proposals The Borough reserves the right to reject any or all proposals, or to reject any proposals if the evidence submitted by, or investigation of such respondent fails to satisfy the Borough that such respondent is properly qualified to carry out the obligations of the RFP/RFQ and to complete the work contemplated therein. The Borough reserves the right to waive any minor informality in the RFP/RFQ. In the event that all proposals are rejected, the Borough reserves the right to start the process over from the beginning and re-solicit proposals. If No Proposals Are Received If no proposals are received after conducting the Fair and Open Process, the Committee will make a recommendation for the appointment of a professional to the governing body as permitted in N.J.S.A. 40A:11-6.1(a)(b). Notwithstanding the above, all professionals receiving awards based on this sub- section must comply with the limitations on contributions improved in the Borough’s Pay to Pay Ordinances. Evaluation Process An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements, determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria. The highest-ranking respondent will then be recommended to the governing body for award of contract. Evaluation Criteria The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not meant to imply order of importance in the selection process. All criteria will be used to select the successful Bidder. 1. Understanding of the Requested Work a. Completeness & responsiveness to the RFP/RFQ b. Compliance with instructions & requests c. Demonstrates clear understanding of Scope of Work 2. Knowledge and Technical Competence a. Education & training of employees b. Suitability to perform the required tasks 3. Management, Experience and Personnel Qualifications a. Project management team & their qualifications 13 4. Cost a. Explanation of costs (on Cost Sheet) b. Cost comparison c. Miscellaneous additional services costs Note: Price shall be based on hourly rates and schedules of fees submitted with the proposal. Any services not included as part of any resulting contract scope of services must be approved and authorized by the Borough before such work is initiated. The Borough shall pay for such approved services at the rate or cost agreed upon between the Borough and Bidder, provided the Bidder has provided a schedule of fees for additional services with this RFP/RFQ. Award The Borough reserves the right to conduct an interview or interviews with the prospective professional to discuss the scope of the professional services as outlined in the Bidder’s submission. Term of Contract: January 1, 2026 – December 31, 2026. The Professional Services Committee will select the Bidder(s) deemed most advantageous to the Borough, price and other factors considered. The Professional Services Committee’s selection is subject to the Mayor’s approval. Thereafter, the Mayor’s recommendation shall be forwarded to the governing body for approval. Once approved by the governing body by resolution, the contract between the Borough and the selected Bidder(s) shall be prepared. All awards are subject to availability of funds. Notice of Award The successful Bidder will be notified of the award of contract upon a favorable decision by the governing body. The Purchasing Agent may then send a Purchase Order/Voucher to the Bidder. Payment Payment will be made after a properly executed Borough voucher has been received and formally approved on the voucher list by the Borough Council at its subsequent regular meeting. The voucher will be certified correct by the department/division head who received the goods or services. Open Public Records Act (OPRA) All documents/information, except for OPRA’s Exemptions from Disclosure, submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. **************************** --- Document: 2026 Risk Manager RFP Specs --- 1 BOROUGH OF HIGHLANDS 2026 REQUEST FOR QUALIFICATIONS/PROPOSAL PROFESSIONAL SERVICES CONTRACT TO BE AWARDED BY ESTABLISHED QUALIFICATION CRITERIA FOR RISK MANAGER CONSULTANT SERVICES Notice is hereby given that sealed proposals addressed to Borough Administrator, will be received up to 11:00am prevailing time on November 25, 2025, at which time they will be publicly opened and read by the Borough of Highlands, at the Municipal Building, 151 Navesink Ave., Highlands, New Jersey 07732. Specifications and other bid information may be obtained at the Borough Office at 151 Navesink Ave., Highlands, NJ during normal business hours 8:30am – 4:30pm or online at www.highlandsnj.gov. Bids must be made on the proposal forms included with the bid specification, be enclosed in a sealed package bearing the name and address of the bidder and “BID TITLE, NAME” on the outside, addressed to Michael Muscillo, at the address above. Pursuant to N.J.S.A. 40A:11-23c, addenda may be issued for proposals. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. Copies of addenda or notice of same will be made available on the Borough website. It is recommended that all bidders who download specifications from the website to check prior to bid opening to see if any addenda have been issued. The Borough of Highlands is soliciting proposals through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq., P.L. 2004 Chapter 19 (as amended by P.L. 2005, c.51), Highlands Borough is soliciting Requests for Proposal/Statements of Qualification for Bidders for professional service position appointments. All reportable contributions to any Highlands Borough candidate for Mayor or Borough Council or officeholder of political committee are required to be reported pursuant to N.J.S.A. 19:44A-1, et seq. Responses to the above referenced professional position should address the general criteria and mandatory minimum criteria for the position sought. All responses will be treated as confidential and reviewed only by the Administrator and Governing Body, unless otherwise required by law. The applicant/proposer shall submit one (1) original with original signatures marked “ORIGINAL” and two (2) flash drives containing exact copy of the original in PDF format. One (1) Risk Manager Consultant will be awarded a contract. Appointments shall be for the calendar year of 2026. Other factors considered. The Borough Council reserves the right to reject any or all proposals in whole or in part and to waive such informalities as may be permitted by law. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq., Affirmative Action requirements, N.J.S.A. 19:44A-20.4 et seq., P.L. 2004, Chapter 19 (as amended by P.L. 2005, c.51) Michael F Muscillo Borough Administrator November 3, 2025 2 1. INTRODUCTION The Borough of Highlands desires to appoint a RISK MANAGER for calendar year 2026 who will be responsible for assisting the Borough in identifying its insurable exposures and to recommend professional methods to reduce, assume or transfer the risk loss. The Consultant will review with the Borough any additional coverages that the Consultant feels should be carried but are not available from the Monmouth County Joint Insurance Fund (JIF) and subject to the Borough’s authorization place such coverages outside the Fund. The Consultant shall assist the Borough in the preparation of applications, statements of value and similar documents requested by the Fund, it being understood that this does not include appraisal work by the Consultant. The Consultant shall review the Borough’s assessment as proposed by the Fund and assist the Borough in the preparation of its annual insurance budget. The Borough intends to award a professional services contract for the defined scope of work in accordance with N.J.S.A. 19:44A-20.4 et seq. (Fair and Open process) for the 2026 calendar year. 2. ADMINISTRATIVE CONDITIONS AND REQUIREMENTS The following items express the administrative conditions and requirements of this RFP/RFQ. Together with the other RFP/RFQ sections, they will apply to the RFP/RFQ process, the subsequent contract and project production. Any proposed change, modification, or exception to these conditions and requirements may be the basis for the Borough to determine the proposal as non-responsive to the RFP/RFQ and will be a factor in the determination of an award of a contract. The contents of the proposal of the successful bidder, as accepted by the Borough, will become part of any contract awarded as a result of this RFP/RFQ. 2.1 Proposal Submission Information Submission Date and Time: November 25, 2025, 11:00am prevailing time The Bidder shall submit one (1) original with original signatures marked “ORIGINAL,” and two (2) flash drives containing exact copy of the original submission in pdf format. Submission Office: Borough of Highlands/RFP Risk Manager Borough Administrator 151 Navesink Ave. Highlands, NJ 07732 Clearly mark the submittal package with the title of this RFP/RFQ Risk Manager 2026 and the name of the responding firm, addressed to the Borough Administrator. The original proposal shall be marked to distinguish it. Only those RFP/RFQ responses received prior to or on the submission date and time as specified on the Notice to Bidders will be considered. Any submission(s) received after the specified date and time will be returned unopened. Responses delivered before the submission date and time specified above may be withdrawn upon written application of the Bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the proposal. After the submission date and time specified, responses must firm for a period of sixty (60) days. 2.2 Interpretations and Addenda Bidders are expected to examine the RFP/RFQ with care and observe all its requirements. All questions about the meaning or intent of this RFP/RFQ, all interpretations and clarifications considered necessary 3 by the Borough’s representative in response to such comments and questions will be issued by Addenda. Only comments and questions responded to by formal written Addenda will be binding. Questions may be emailed to mmuscillo@highlandsnj.gov. Oral interpretations, statements or clarifications are without legal effect. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. If bidders download a Bid/RFP/RFQ from the website, it is the responsibility of the person submitting the bid to check prior to the bid opening to see if addenda have been issued. Copies of addenda or notice of same will be made available on the Borough website. 2.3 Assign, Sublet or Transfer Any Rights/Interests Neither the Borough nor the Bidder shall assign, sublet, or transfer any rights or interest in this Agreement without the prior written consent of the other party. Unless specifically stated to the contrary, in writing, prior to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to any party other than the Borough and the Contractor. 2.4 Cost Liability and Additional Costs The Borough assumes no responsibility and liability for costs incurred by the Bidders prior to the issuance of an agreement. The liability of the Borough shall be limited to the terms and conditions of the contract. Bidders will assume responsibility for all costs not stated in their proposals. All unit rates either stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional charges, unless incurred for additional work performed by request of the Borough, are not to be billed and will not be paid. 2.5 Statutory and Other Requirements a. Compliance with Laws Any contract entered into between the Bidder and the Borough must be in accordance with and subject to compliance by both parties with the New Jersey Local Public Contracts Law. The Bidder must agree to comply with the non-discrimination provisions and all other laws and regulations applicable to the performance of services thereunder. The Bidder shall sign and acknowledge such forms and certificates as may be required by this section. b. Mandatory EEO/Affirmative Action Compliance No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed. c. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the delivery of services is prohibited. Bidders are required to read American with Disabilities language that is part of the documents attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The Bidder is obligated to comply with the Act and hold the Borough harmless. d. Ownership Disclosure An Ownership Disclosure Statement is required to be submitted with each bid. This mandatory form is provided as part of the bid documents. FAILURE TO INCLUDE A COMPLETED OWNERSHIP DISCLOSURE STATEMENT WITH EACH BID SHALL RESULT IN THE REJECTION OF THE BID. 4 e. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of this RFP/RFQ, shall be properly executed and submitted with the RFP/RFQ response. This form is provided as part of the bid documents. f. NJ Business Registration Certificate A New Jersey Business Registration Certificate is required pursuant to C57, PL2004; failure to be registered by time of contract award may be cause for rejection. Entities or individuals that need to file for a certificate may do so on-line through the NJ Division of Local Government Services at the following link: http://www.state.nj.us/treasury/revenue/busregcert.shtml. g. Disclosure of Investment Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). The form is included as part of the bid documents. h. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity that seeks to enter into or renew a contract with a State Agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete a certification indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If Highlands finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. This form is included as part of the bid documents. i. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27) (1) Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website. (2) Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year. (3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us. (4) If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or 609-292-8700. j. Insurance and Indemnification If it becomes necessary for the Bidder, either as principal or by agent or employee, to enter upon the premises or property of the Borough in order to construct, erect, inspect, make delivery or remove property hereunder, the Bidder hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. The Bidder further covenants and agrees to indemnify and save harmless the Borough from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Borough regulation, ordinance or the laws of the State, or the United States while said work is in progress. The Bidder shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided. 5 The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. Successful bidder will indemnify and hold harmless the Borough from all claims, suits or actions and damages or costs of every name and description to which the Borough may be subjected or put by reason of injury to the person or property of another, or the property of the Borough, resulting from negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or sub-contractors in the delivery of materials and supplies, or in the performance of the work under this agreement. Certificates of the Required Insurance Certificates as listed below shall be submitted along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the Borough as an additional insured. Insurance/Background Checks The Bidder is responsible to conduct adequate background checks on all employees and/or sub-contractors working at Borough facilities. Consultants and/or sub-contractors must be bonded, show proof of insurance coverage naming the Borough as an additional insured, and workers’ compensation insurance. Insurance Requirements The Bidder shall maintain during the life of the contract, insurance policies of the type and with the minimum limits indicated below and, in a form, satisfactory to the Borough. The Bidder shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the municipality prior to commencement of work. 1. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer’s Liability is $500,000.00. 2. General Liability Insurance This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 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 this contract by the bidder. 3. Automobile Liability Insurance This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $1,000,000.00 each accident for property damage, shall be maintained in force during the life of this contract by the bidder. 4. Professional Liability This insurance shall be maintained in force during the life of this contract by the bidder covering claims arising from errors and omissions/malpractice from its representation of the municipality with limits of not less than $1,000,000.00 per occurrence. Per GFOA, level of malpractice insurance carried, including deductible amount to cover Errors & Omissions (E&O) improper judgments and negligence. 6 k. HIPAA (if applicable) Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (‘HIPAA”) as may be amended from time to time and the corresponding HIPAA regulations for the confidentiality and security of medical information. The Bidder shall: Not use or disclose protected health information other than as permitted or required by law. Use appropriate safeguards to protect the confidentiality of the information. Report any use or disclosure not permitted. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. l. Proof of Licensure Proof of licensure for providing Professional Services in the State of New Jersey, for either the firm or the person responsible for the work, shall be provided as required. m. Public Emergency In the event of a Public Emergency declared at the Local, State or Federal Level, if the Borough opts to extend terms and conditions of this RFP/RFQ, the Bidder agrees to extend the terms and conditions of this RFP/RFQ, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original Bidder cannot meet this requirement, the Borough may solicit the goods and/or services from any respondent on this contract. n. Multiple Proposals Not Accepted More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered. o. Failure to Enter Contract Should the Bidder, to whom the contract is awarded, fail to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, the Borough may then, at its option, accept the proposal of another Bidder. p. Commencement of Work The Bidder agrees to commence work on January 1, 2026. q. Termination of Contract If, through any cause, the Bidder shall fail to fulfill in a timely and proper manner obligations under the Contract or if the Bidder violates any requirements of the Contract, the Borough shall thereupon have the right to terminate the Contract by giving written notice to the Bidder of such termination at least thirty (30) days prior to the proposed effective date of the termination. Such termination shall relieve the Borough of any obligation for the balances to the Bidder of any sum or sums set forth in the Contract. The Bidder agrees to indemnify and hold the Borough harmless from any liability to sub-contractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Contract by the Borough under this provision. In case of default by the Bidder, the Borough may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. 7 r. Non-Allocation of Funding Termination Each calendar year payment obligation of the Borough is conditioned upon the availability of Borough funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Bidder hereunder, whether in whole or in part, the Borough at the end of any particular calendar year may terminate such services. The Borough will notify the Bidder in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Borough to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party Bidder. s. Challenge of Specifications Any Bidder who wishes to challenge a specification shall file such challenge in writing with the Purchasing Agent no less than three (3) business days prior to the opening of the RFP/RFQ’s. Challenges filed after that time shall be considered void and having no impact on the Borough or the award of contract. t. Payment Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the Proposal Cost Form. Payment will be made within sixty (60) days or less provided the Bidder returns signed purchase order with original signature and original invoice within specified time period. The Borough may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following: 1. Deliverables not complying with the project specification; 2. Claims filed or responsible evidence indicating probability of filing claims; 3. A reasonable doubt that the Contract can be completed for the balance then unpaid. When the above grounds are removed, payment shall be made for amounts withheld because of them. u. Non-payment of Penalties and Interest on Overdue Bills Public funds may be used to pay only for goods delivered or services rendered. The Borough will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Borough to pay additional fees. A purchase order must be signed for payment to be made. v. Availability of Funds Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually w. Ownership of Material The Borough shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the Borough to the Bidder for the purpose of assisting the Bidder in the performance of this contract. All such items shall be returned immediately to the Borough at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the Borough, be disclosed to others or used by the Bidder or permitted by the Bidder to be used by their parties at any time except in the performance of the resulting contract. Ownership of all data, materials and documentation originated and prepared for the Borough pursuant to this contract shall belong exclusively to the Borough. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the Borough upon completion of the project. The Bidder shall not have the right to use, sell, or disclose the total of the interim or final work products, 8 or make available to third parties, without the prior written consent of the Borough. All information supplied to the Borough may be required to be supplied on CD-ROM media compatible with the Borough’s computer operating system, windows based, Microsoft Office Suite 2007 or greater. x. Altering Official Document Bidders shall not write in any margins or alter the official content of Borough’s document. y. W-9 Successful Bidder shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf z. Best Practices The awarded Risk Manager(s) will adhere to the best practices described in the Office of the Comptroller’s Report on municipal legal services. aa. Conflict of Interest Indicate and disclose below any potential conflicts of interest that the Risk Manager(s) may have in performing these services for the Borough of Highlands. Conflict of Interest Yes __________ No _________ If answered “yes”, please explain below or on separate sheet(s) _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 3. Representations The Bidder hereby represents as follows: (a) The Bidder is financially solvent, able to pay its debts as they become due and possessed of sufficient working capital to complete the services required and perform its obligations under this Agreement. (b) The Bidder is able to furnish the workplace, tools, materials, supplies, equipment and labor necessary to complete the Services and perform all of its obligations under the Contractual Documents, and has sufficient experience and competence to do so. (c) The Bidder is authorized to do business in the State of New Jersey and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Bidder and the Services it will be performing. (d) The Bidder’s execution of and performance under this Agreement are within its duly authorized powers. (e) The Bidder certifies that it has satisfied itself, from its own investigation, of the conditions to be met, and that it fully understands its obligations and agrees that it will not make any Claim for, or have right to, cancellation or relief from the Contractual Documents without penalty because of its misunderstanding or lack of information. (f) The Bidder certifies that all representations made by it in any of the Contractual Documents are true, subject to penalty of law. The Bidder understands and agrees that its knowing or intentional violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact may be cause for termination of this 9 Agreement. The Bidder understands and agrees that the Bidder’s violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact shall serve as a legal bar to the Bidder’s enforcement of its rights under the Contractual Documents, including any and all Claims at law or equity. (g) The Bidder and any firm it has subcontracted has provided to the Authority proof of valid business registration with the Division of Revenue of the New Jersey Department of the Treasury, pursuant to L. 2001, c. 134, as set forth in Appendix E, and the Bidder shall not enter into any subcontract with a firm that has not provided it and the Authority with proof of such valid business registration 10 BOROUGH RISK MANAGER These contracts are to furnish and deliver professional services for the Borough of Highlands through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq. as follows: Any persons or firms interested in providing professional services to the Borough of Highlands as defined in the New Jersey Statutes, N.J.S.A. 40A:11-2(6). SCOPE OF WORK: RISK MANAGEMENT CONSULTANT SERVICES GENERAL CRITERIA: Highlands Borough desires to appoint an individual or firm for the purpose of providing risk management consultant services to include property and general liabilities (excluding medical insurance). The consultant will be required to have superior knowledge and experience in all aspects of identifying property and casualty exposures and have a strong knowledge of various insurance coverages within the Monmouth County Municipal Joint Insurance Fund (JIF) and in the outside traditional market. Familiarity with Monmouth County Municipal Joint Insurance Fund (JIF) procedures and documentation is essential as required under the bylaws of the JIF. If selected, vendor must be pre- qualified/pre-approved by JIF prior to bid submission. The Risk Management Consultant shall be a New Jersey licensed property/casualty insurance agent or broker with demonstrated prior experience in the management of public insurance risks. The Risk Management Consultant shall be an “Insurance Producer”, pursuant to N.J.S.A. 17:22-A, but shall not be a Fund Commissioner. DUTIES: The Risk Management Consultant (hereinafter the “Consultant”) shall: A. Assist the Borough in identifying its insurable exposures and to recommend professional methods to reduce, assume or transfer the risk loss. B. Assist the Borough in understanding and selecting the various coverages available from the Monmouth County Municipal Joint Insurance Fund (JIF) - (hereinafter referred to as “Fund”). C. Review with the Borough any additional coverages that the Consultant feels should be carried but are not available from the Fund and subject to the Borough’s authorization place such coverages outside the fund. D. Assist the Borough in the preparation of applications, statements of values and similar documents requested by the Fund, it being understood that this agreement does not include any appraisal work by the Consultant. E. Review the Borough’s assessment as prepared by the Fund and assist the Borough in the preparation of its annual insurance budget. 11 F. Review losses of reports and generally assist the safety Council in its loss containment and liability objectives. G. Assist where needed in the settlement of claims, with the understanding that the scope of the Consultant’s involvement does not include the work normally done by a public adjustor. H. Attendance at the majority of meetings of the Fund and the Borough’s JIF Safety Committee, and the performance of such other services as required by the Borough or the Fund. I. Loss/Run Reports are to be received on a monthly basis along with any other requested associated reports to the Borough Risk Manager. J. Organize quarterly claims review meetings with all appropriate parties. K. Any other services required by the Fund’s Bylaws. SUBMISSIONS MUST INCLUDE: 1. Evidence of licensure or certifications as required by law. 2. List of current and past municipal clients served by the firm. Indicate which are in the Monmouth County JIF. 3. Resumes of partners and managers in the firm expected to act on this assignment. 4. Description of the staff employed by the firm including partners, managers, and other staff including numbers employed for each category. 5. Please provide address(es) of office(s). 6. Description of any other factors the proposing party believes is relevant to its ability to provide the Borough with superior service. 7. Valid State of New Jersey Business Registration Certificate. 8. Signed Vendor Certification. 9. Completed “Required Evidence Affirmative Action Regulations”. TERM: Appointments shall be for the calendar year of 2026 (January 1, 2026 – December 31, 2026). 12 III. Proposal Requirements FEE PROPOSAL TO PROVIDE THE SERVICES OUTLINED ABOVE This fair and open process proposal is for the Request for Proposal/Request for Qualifications. Contract award shall be made with reasonable promptness by written notice to that responsible bidder, whose bid proposal, conforming to this RFP/RFQ, is most advantageous to the Borough. Qualification Statement and Proposal Respondents are requested to submit a Qualification Statement. The Qualification Statement and Proposal must contain all requirements of the RFP/RFQ and the following information. 1. A statement that your firm is interested in performing the work described in this RFP/RFQ. 2. The address of the office in which the work will be performed. 3. The name and title of the individuals who will be assigned to the project(s). 4. A narrative demonstrating your understanding of all work necessary. The narrative must detail your firm’s particular ability to perform the type of work. The narrative must indicate the experience of your firm/staff for the type of work involved for the categories your firm is preparing a response. The narrative should address the ability of your firm to complete the required work in a professional and cost-effective manner. Additional Attachments (Required) Resumes with titles of key personnel who will be assigned to project must be submitted along with your firms’ proposals. Each resume shall be a maximum of two, single sided, 8 ½ “x 11” sheets in length and must highlight education, professional credentials, and work performance on projects similar to that described in this RFP/RFQ. A resume of the primary partner, as well as the resume(s) of key personnel must be included. Basis for Award of Contract/Agreement for Professional Services The Borough shall award all professional service contracts or agreements based on qualifications, knowledge and technical competence, experience performing similar work and other factors considered Fee Schedule Risk management consultant fee is set at six (6%) percent of the assessment by the Monmouth County Joint Insurance Fund for the calendar year beginning January 1, 2026 through December 31, 2026. References Please provide a list of (3) three clients for whom similar risk management services have been provided. Include the following in your response: 1. Name of Client 5. Telephone Number 2. Address of Client 6. E-mail address 3. Contact Person’s Name 7. Dates Worked (time period worked with client) 4. Contact Person’s Title 8. Experience with JIF IV. BASIS FOR AWARD OF CONTRACT/AGREEMENT FOR PROFESSIONAL SERVICES The Borough of Highlands shall award all professional service contracts or agreements based on qualification, merit and experience. Selection criteria will include: 13 1. Qualifications of the individual or firms who will perform the service or activity. 2. Experience and references with Monmouth County JIF and current insurance workplace. 3. Ability to perform the service or activity in a timely fashion, including staffing and the staff’s 4. familiarity of the service or activity. 5. Cost Competitiveness, if applicable. 6. The Borough reserves the right to conduct an interview or interviews with the prospective professional to discuss the scope of the professional services as outlined in the applicant’s/proposer’s proposal. 7. All awards will be by resolution acted on by the Borough Council at a Council meeting. 8. All awards are subject to availability of funds. 9. Any other information that the Borough deems relevant. V. Evaluation, Review and Selection Process Proposals to Remain Subject to Acceptance RFP/RFQ responses shall remain open for a period of sixty (60) calendar days from the stated submittal date. The Borough will either award the Contract within the applicable time period or reject all proposals. The Borough may extend the decision to award or reject all proposals beyond the sixty (60) calendar days when the proposals of any respondents who consent thereto may, at the request of the Borough, be held for consideration for such longer period as may be agreed. Rejection of Proposals The Borough reserves the right to reject any or all proposals, or to reject any proposals if the evidence submitted by, or investigation of such respondent fails to satisfy the Borough that such respondent is properly qualified to carry out the obligations of the RFP/RFQ and to complete the work contemplated therein. The Borough reserves the right to waive any minor informality in the RFP/RFQ. In the event that all proposals are rejected, the Borough reserves the right to start the process over from the beginning and re-solicit proposals. If No Proposals Are Received If no proposals are received after conducting the Fair and Open Process, the Committee will make a recommendation for the appointment of a professional to the governing body as permitted in N.J.S.A. 40A:11-6.1(a)(b). Notwithstanding the above, all professionals receiving awards based on this sub- section must comply with the limitations on contributions improved in the Borough’s Pay to Pay Ordinances. Evaluation Process An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements, determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria. The highest-ranking respondent will then be recommended to the governing body for award of contract. 14 Evaluation Criteria The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not meant to imply order of importance in the selection process. All criteria will be used to select the successful Bidder. 1. Understanding of the Requested Work a. Completeness & responsiveness to the RFP/RFQ b. Compliance with instructions & requests c. Demonstrates clear understanding of Scope of Work 2. Knowledge and Technical Competence a. Education & training of employees b. Suitability to perform the required tasks 3. Management, Experience and Personnel Qualifications a. Project management team & their qualifications b. Additional resources available c. Record of reliability & quality of service d. Experience performing similar work 4. Cost a. Explanation of costs (on Cost Sheet) b. Cost comparison c. Miscellaneous additional services costs Note: Price shall be based on hourly rates and schedules of fees submitted with the proposal. Any services not included as part of any resulting contract scope of services must be approved and authorized by the Borough before such work is initiated. The Borough shall pay for such approved services at the rate or cost agreed upon between the Borough and Bidder, provided the Bidder has provided a schedule of fees for additional services with this RFP/RFQ. Award The Borough reserves the right to conduct an interview or interviews with the prospective professional to discuss the scope of the professional services as outlined in the Bidder’s submission. Term of Contract: January 1, 2026 – December 31, 2026. The Professional Services Committee will select the Bidder(s) deemed most advantageous to the Borough, price and other factors considered. The Professional Services Committee’s selection is subject to the Mayor’s approval. Thereafter, the Mayor’s recommendation shall be forwarded to the governing body for approval. Once approved by the governing body by resolution, the contract between the Borough and the selected Bidder(s) shall be prepared. All awards are subject to availability of funds. 15 Notice of Award The successful Bidder will be notified of the award of contract upon a favorable decision by the governing body. The Purchasing Agent may then send a Purchase Order/Voucher to the Bidder. Payment Payment will be made after a properly executed Borough voucher has been received and formally approved on the voucher list by the Borough Council at its subsequent regular meeting. The voucher will be certified correct by the department/division head who received the goods or services. Open Public Records Act (OPRA) All documents/information, except for OPRA’s Exemptions from Disclosure, submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. **************************** --- Document: 2026 Prosecutor and Defender RFP Specs --- 1 BOROUGH OF HIGHLANDS 2026 REQUEST FOR PROPOSAL PROFESSIONAL SERVICES CONTRACTS TO BE AWARDED BY ESTABLISHED QUALIFICATION CRITERIA FOR MUNICIPAL PROSECUTOR PUBLIC DEFENDER Notice is hereby given that sealed proposals addressed to Michael Muscillo, Borough Administrator, will be received up to November 25, 2025, at 11:00am prevailing local time at which time they will be publicly opened and read by the Borough Administrator of the Borough of Highlands, at the Municipal Building, 151 Navesink Ave., Conference Room, Highlands, New Jersey 07732. Proposal Forms, Instructions to Bidders, Specifications and other Bidding documents may be examined or obtained at the office of the Borough Purchasing Agent, during the regular business hours of 8:30 am to 4:30pm at the above address or may be reviewed and obtained on the Borough website. It is recommended that all Bidders who have downloaded recheck to ensure of any/all addenda issued. Pursuant to N.J.S.A. 40A:11-23c, addenda may be issued for bids. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. If bidders obtain a Bid/RFP/RFQ from the website, it is the responsibility of the person submitting the bid to check prior to the bid opening to see if addenda have been issued. Copies of addenda or notice of sale will be made available on the Borough website www.highlandsnj.gov The Borough of Highlands is soliciting proposals through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq., P.L. 2004, Chapter 19 (as amended by P.L. 2005, c.51), Highlands Borough is soliciting Requests for Proposal/Statements of Qualification for Bidders for professional service position appointments. Any Bidder which enters into a contract or agreement with the Borough of Highlands or any department or agency thereof shall file a disclosure statement identifying all reportable contributions to any Highlands Borough candidate for Mayor or Borough Council or officeholder of political committee required to be reported pursuant to N.J.S.A. 19:44A-1, et seq. Responses to the above referenced professional attorney positions should address the general criteria and mandatory minimum criteria for each attorney position sought. All responses will be treated as confidential and reviewed only by the governing body, unless otherwise required by law. The applicant/Bidder shall submit one (1) original with original signatures marked ‘ORIGINAL” and should submit two (2) flash drives containing exact copy of the original. One (1) or more Public Defenders and one (1) Prosecutors will be awarded a one (1) year contract. Appointments shall be for the calendar year of 2026. Other factors considered. The Borough Council reserves the right to reject any or all proposals in whole or in part and to waive such informalities as may be permitted by law. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq., Affirmative Action requirements, N.J.S.A. 19:44A-20.4 et seq., P.L. 2004, Chapter 19 (as amended by P.L. 2005, c.51) Michael F. Muscillo, MPA Borough Administrator November 3, 2025 2 1. INTRODUCTION The Borough of Highlands (hereinafter the “Borough”) is soliciting proposals from qualified individuals interested in performing the duties and functions for the enclosed MUNICIPAL PROSECUTOR(s) and PUBLIC DEFENDER(s) specialties and intends to award a professional services contract for the defined scope of work in accordance with N.J.S.A. 19:44A-20.4 et seq. (Fair and Open process). 2. ADMINISTRATIVE CONDITIONS AND REQUIREMENTS The following items express the administrative conditions and requirements of this RFP/RFQ. Together with the other RFP/RFQ sections, they will apply to the RFP/RFQ process, the subsequent contract, and project production. Any proposed change, modification, or exception to these conditions and requirements may be the basis for the Borough to determine the proposal as non-responsive to the RFP/RFQ and will be a factor in the determination of an award of a contract. The contents of the proposal of the successful Bidder, as accepted by the Borough, will become part of any contract awarded as a result of this RFP/RFQ. 2.1 Proposal Submission Information Submission Date and Time: November 25, 2025, at 11:00am prevailing local time The Bidder shall submit one (1) original with original signatures marked “ORIGINAL” and shall submit two (2) flash drives containing exact copy of the original in pdf format. Submission Office: Borough of Highlands/RFP [Prosecutor/Defender] Borough Administrator 151 Navesink Ave. Highlands, New Jersey 07732 Clearly mark the submittal package with the title of this RFP/RFQ [Prosecutor or Defender] and the name of the responding firm, addressed to the Borough Administrator. The original proposal shall be marked. Only those RFP/RFQ responses received prior to or on the submission date will be considered. Any submission(s) received after the specified time and location will be returned unopened. Responses delivered before the submission date and time specified above may be withdrawn upon written application of the Bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the proposal. After the submission date and time specified above, responses must remain firm for a period of sixty (60) days. 2.2 Borough Representative for this Solicitation Please direct all questions in writing to: Michael F. Muscillo Email: mmuscillo@highlandsnj.gov 2.3 Interpretations and Addenda Bidders are expected to examine the RFP/RFQ with care and observe all its requirements. All questions about the meaning or intent of this RFP/RFQ, all interpretations and clarifications considered necessary by the Borough’s representative in response to such comments and questions will be issued by Addenda. Only comments and questions responded to by formal written Addenda will be binding. Questions may be emailed to mmuscillo@highlandsnj.gov Oral interpretations, statements or clarifications are without legal effect. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. If bidders obtain a Bid/RFP/RFQ from the website, it is the responsibility of the person submitting the bid to check prior to the bid opening to see 3 if addenda have been issued. Copies of addenda or notice of same will be made available on the Borough website 2.4 Assign, Sublet or Transfer Any Rights/Interests Neither the Borough nor the Bidder shall assign, sublet, or transfer any rights or interests in this Agreement without the prior written consent of the other party. Unless specifically stated to the contrary, in writing, prior to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to any other than the Borough and the Bidder. 2.5 Cost Liability and Additional Costs The Borough assumes no responsibility and liability for costs incurred by the Bidders prior to the issuance of an agreement. The liability of the Borough shall be limited to the terms and conditions of the contract. Bidders will assume responsibility for all costs not stated in their proposals. All unit rates either stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional charges, unless incurred for additional work performed by request of the Borough, are not to be billed and will not be paid. 2.6 Statutory and Other Requirements a. Compliance with Laws Any contract entered into between the Bidder and the Borough must be in accordance with and subject to compliance by both parties with the New Jersey Local Public Contracts Law. The Bidder must agree to comply with the non-discrimination provisions and all other laws and regulations applicable to the performance of services thereunder. The Bidder shall sign and acknowledge such forms and certificates as may be required by this section. b. Mandatory EEO/Affirmative Action Compliance No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed. c. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the delivery of services is prohibited. Bidders are required to read American with Disabilities language that is part of the documents attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The Bidder is obligated to comply with the Act and hold the Borough harmless. d. Ownership Disclosure An Ownership Disclosure Statement is required to be submitted with each bid. This mandatory form is provided as part of the bid documents. FAILURE TO INCLUDE A COMPLETED OWNERSHIP DISCLOSURE STATEMENT WITH EACH BID SHALL RESULT IN THE REJECTION OF THE BID. e. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of this RFP/RFQ, shall be properly executed and submitted with the RFP/RFQ response. This form is provided as part of the bid documents. f. NJ Business Registration Certificate A New Jersey Business Registration Certificate is required pursuant to C57, PL2004; failure to be registered by time of contract award may be cause for rejection. Entities or individuals that need to file for a certificate may do 4 so on-line through the NJ Division of Local Government Services at the following link: http://www.state.nj.us/treasury/revenue/busregcert.shtml. g. Disclosure of Investment Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). The form is included as part of the bid documents. h. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity that seeks to enter into or renew a contract with a State Agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete a certification indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If Highlands finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. This form is included as part of the bid documents. i. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27) (1) Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website. (2) Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year. (3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us. (4) If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or 609-292-8700. j. Insurance and Indemnification If it becomes necessary for the Bidder, either as principal or by agent or employee, to enter upon the premises or property of the Borough in order to construct, erect, inspect, make delivery or remove property hereunder, the Bidder hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. The Bidder further covenants and agrees to indemnify and save harmless the Borough from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Borough regulation, ordinance or the laws of the State, or the United States while said work is in progress. The Bidder shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. Successful bidder will indemnify and hold harmless the Borough from all claims, suits or actions and damages or costs of every name and description to which the Borough may be subjected or put by reason of injury to the person 5 or property of another, or the property of the Borough, resulting from negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or sub-contractors in the delivery of materials and supplies, or in the performance of the work under this agreement. Certificates of the Required Insurance Certificates as listed below shall be submitted along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the Borough as an additional insured. Insurance/Background Checks The Bidder is responsible to conduct adequate background checks on all employees and/or sub-contractors working at Borough facilities. Consultants and/or sub-contractors must be bonded, show proof of insurance coverage naming the Borough as an additional insured, and workers’ compensation insurance. Insurance Requirements The Bidder shall maintain during the life of the contract, insurance policies of the type and with the minimum limits indicated below and, in a form, satisfactory to the Borough. The Bidder shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the municipality prior to commencement of work. 1. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer’s Liability is $500,000.00. 2. General Liability Insurance This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 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 this contract by the bidder. 3. Automobile Liability Insurance This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $1,000,000.00 each accident for property damage, shall be maintained in force during the life of this contract by the bidder. 4. Professional Liability This insurance shall be maintained in force during the life of this contract by the bidder covering claims arising from errors and omissions/malpractice from its representation of the municipality with limits of not less than $1,000,000.00 per occurrence. Per GFOA, level of malpractice insurance carried, including deductible amount to cover Errors & Omissions (E&O) improper judgments and negligence. k. HIPAA (if applicable) Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (‘HIPAA”) as may be amended from time to time and the corresponding HIPAA regulations for the confidentiality and security of medical information. The Bidder shall: Not use or disclose protected health information other than as permitted or required by law. Use appropriate safeguards to protect the confidentiality of the information. Report any use or disclosure not permitted. 6 The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. l. Proof of Licensure Proof of licensure for providing Professional Services in the State of New Jersey, for either the firm or the person responsible for the work, shall be provided as required. m. Public Emergency In the event of a Public Emergency declared at the Local, State or Federal Level, if the Borough opts to extend terms and conditions of this RFP/RFQ, the Bidder agrees to extend the terms and conditions of this RFP/RFQ, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original Bidder cannot meet this requirement, the Borough may solicit the goods and/or services from any respondent on this contract. n. Multiple Proposals Not Accepted More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered. o. Failure to Enter Contract Should the Bidder, to whom the contract is awarded, fail to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, the Borough may then, at its option, accept the proposal of another Bidder. p. Commencement of Work The Bidder agrees to commence work on January 1, 2026. q. Termination of Contract If, through any cause, the Bidder shall fail to fulfill in a timely and proper manner obligations under the Contract or if the Bidder violates any requirements of the Contract, the Borough shall thereupon have the right to terminate the Contract by giving written notice to the Bidder of such termination at least thirty (30) days prior to the proposed effective date of the termination. Such termination shall relieve the Borough of any obligation for the balances to the Bidder of any sum or sums set forth in the Contract. The Bidder agrees to indemnify and hold the Borough harmless from any liability to sub-contractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Contract by the Borough under this provision. In case of default by the Bidder, the Borough may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. r. Non-Allocation of Funding Termination Each calendar year payment obligation of the Borough is conditioned upon the availability of Borough funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Bidder hereunder, whether in whole or in part, the Borough at the end of any particular calendar year may terminate such services. The Borough will notify the Bidder in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Borough to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party Bidder. s. Challenge of Specifications 7 Any Bidder who wishes to challenge a specification shall file such challenge in writing with the Purchasing Agent no less than three (3) business days prior to the opening of the RFP/RFQ’s. Challenges filed after that time shall be considered void and having no impact on the Borough or the award of contract. t. Payment Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the Proposal Cost Form. Payment will be made within sixty (60) days or less provided the Bidder returns signed purchase order with original signature and original invoice within specified time period. The Borough may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following: 1. Deliverables not complying with the project specification; 2. Claims filed or responsible evidence indicating probability of filing claims; 3. A reasonable doubt that the Contract can be completed for the balance then unpaid. When the above grounds are removed, payment shall be made for amounts withheld because of them. u. Non-payment of Penalties and Interest on Overdue Bills Public funds may be used to pay only for goods delivered or services rendered. The Borough will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Borough to pay additional fees. A purchase order must be signed for payment to be made. v. Availability of Funds Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually w. Ownership of Material The Borough shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the Borough to the Bidder for the purpose of assisting the Bidder in the performance of this contract. All such items shall be returned immediately to the Borough at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the Borough, be disclosed to others or used by the Bidder or permitted by the Bidder to be used by their parties at any time except in the performance of the resulting contract. Ownership of all data, materials and documentation originated and prepared for the Borough pursuant to this contract shall belong exclusively to the Borough. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the Borough upon completion of the project. The Bidder shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the Borough. All information supplied to the Borough may be required to be supplied on CD-ROM media compatible with the Borough’s computer operating system, windows based, Microsoft Office Suite 2007 or greater. x. Altering Official Document Bidders shall not write in any margins or alter the official content of Borough’s document. y. W-9 Successful Bidder shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf 8 z. Best Practices The awarded attorney(s) will adhere to the best practices described in the Office of the Comptroller’s Report on municipal legal services. aa. Conflict of Interest Indicate and disclose below any potential conflicts of interest that the Attorney(s) may have in performing these services for the Borough of Highlands. Conflict of Interest Yes __________ No _________ If answered “yes”, please explain below or on separate sheet(s) _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 2.7 Representations The Vendor hereby represents as follows: (a) The Bidder is financially solvent, able to pay its debts as they become due and possessed of sufficient working capital to complete the services required and perform its obligations under this Agreement. (b) The Bidder is able to furnish the workplace, tools, materials, supplies, equipment and labor necessary to complete the Services and perform all of its obligations under the Contractual Documents and has sufficient experience and competence to do so. (c) The Bidder is authorized to do business in the State of New Jersey and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Bidder and the Services it will be performing. (d) The Bidder’s execution of and performance under this Agreement are within its duly authorized powers. (e) The Bidder certifies that it has satisfied itself, from its own investigation, of the conditions to be met, and that it fully understands its obligations and agrees that it will not make any Claim for, or have right to, cancellation or relief from the Contractual Documents without penalty because of its misunderstanding or lack of information. (f) The Bidder certifies that all representations made by it in any of the Contractual Documents are true, subject to penalty of law. The Bidder understands and agrees that its knowing or intentional violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact may be cause for termination of this Agreement. The Bidder understands and agrees that the Bidder’s violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact shall serve as a legal bar to the Bidder’s enforcement of its rights under the Contractual Documents, including any and all Claims at law or equity. (g) The Bidder and any firm it has subcontracted has provided to the Authority proof of valid business registration with the Division of Revenue of the New Jersey Department of the Treasury, pursuant to L. 2001, c. 134, as set forth in Appendix E, and the Bidder shall not enter into any subcontract with a firm that has not provided it and the Authority with proof of such valid business registration. 9 MUNICIPAL PROSECUTOR(S) SCOPE OF WORK Municipal Prosecutors shall provide all necessary and desirable legal counsel and advice requested for the prosecution of cases before the Municipal Court, in accordance with N.J.S.A. 2B:25-1 et seq. The Borough currently has Municipal Court sessions on first and third Tuesdays of each month. The Court’s schedule is subject to change, and prosecutors may be asked to appear on other days or times for Court or meetings. The Borough of Highlands is seeking to appoint a chief prosecutor for the calendar year 2026, who will be the chief legal representative of the State of New Jersey and the Borough of Highlands in the prosecution of cases before the Municipal Court. The Chief Prosecutor’s responsibilities shall include oversight of discovery requests for pending Municipal Court matters. Additionally, Highlands Borough desires to appoint two (2) or more municipal prosecutors for the calendar year 2026 to serve at the direction of the chief prosecutor. MINIMUM QUALIFICATIONS Applicants must meet the minimum requirements required by State Law as set forth at N.J.S.A. 2B:25-1 et seq. The individual must also: 1. Be admitted to the practice of law for not less than seven (7) years preceding appointment; 2. Have relevant experience as a Municipal Prosecutor, or comparable experience in municipal court or New Jersey Superior Court, Criminal Division; 3. Possess relevant experience and familiarity with Highlands Borough and/or MONMOUTH County municipal court practices. SUBMISSION Individuals applying shall provide evidence that all minimum qualifications are met. The response to this Request for Proposals/Request for Qualifications (RFP/RFQ) shall also discuss and provide the following: • A narrative description of prior experience similar to that being advertised, and a list of professional references. • References and record of success. References should include: 1. Name of Client 5. Telephone Number 2. Address of Client 6. E-mail address 3. Contact Person’s Name 7. Dates Worked 4. Contact Person’s Title • Description of ability to provide the services in a timely fashion. 10 • Prosecutors will be paid on a per session basis, with the Chief Municipal Prosecutor receiving $____________per year, and all other Municipal Prosecutors receiving $______ per session. • A narrative statement of the professionals understanding of the Borough’s needs and goals. PROSECUTORS - The undersigned hereby declares that they have carefully examined the requirements of the specifications contained herein and propose that if awarded the bid, he/she agrees to the fee as outlined in the Scope of Work and will provide services as specified by the Specifications. SIGNATURE: NAME PRINTED: FIRM: ADDRESS: PHONE: FAX: EMAIL: DATE: This fair and open process proposal is for the Request for Proposal/Request for Qualifications. Contract award(s) shall be made with reasonable promptness by written notice to that responsible bidder(s), whose bid proposal(s), conforming to this RFP/RFQ, is (are) most advantageous to the Borough, other factors considered. OFFICE LOCATION – Please list complete address of servicing location: ____________________________________________________________________________________ ____________________________________________________________________________________ 11 PUBLIC DEFENDER(S) The Public Defender shall interview all indigent defendants qualifying for assistance and shall defend those qualified defendants in the Municipal Court of the Borough and provide such legal advice and counsel to such individuals as may be required in any proceedings before the Municipal Court of the Borough pursuant to N.J.S.A. 2B:24-1 et seq. The Borough currently schedules all defendants represented by a public defender for a session on the first Tuesday of the month at 3:00pm; however, the Municipal Public Defender and Alternate/Conflict Public Defender(s) may be required to attend Court on other days or times, as needed or as scheduled by the Highlands Municipal Court Administrator. The Borough of Highlands is seeking to appoint one (1) Public Defender for the calendar year 2026, and one (1) or more Alternate Public Defenders. MINIMUM QUALIFICATIONS Applicants must meet the minimum requirements required by State Law as set forth at N.J.S.A. 2B:24-1 et seq., The individual also: 1. Must be licensed to practice law in the State of New Jersey for a period of not less than ten (10) years preceding appointment. 2. Must maintain a bona fide office in the State of New Jersey. Please list office address. 3. Must have relevant experience as a Municipal Public Defender, or comparable experience in municipal court or New Jersey Superior Court, Criminal Division. 4. Possess relevant experience and familiarity with Highlands Borough and/or MONMOUTH County municipal court practices. SUBMISSION Individuals applying shall provide evidence that all minimum qualifications are met. The response to this Request for Proposals/Request for Qualifications (RFP/RFQ) shall also discuss and provide the following: • Resume including a narrative description of prior experience similar to that being advertised, and a list of professional references. • References and record of success. References should include: 1. Name of Client 5. Telephone Number 2. Address of Client 6. E-mail address 3. Contact Person’s Name 7. Dates Worked 4. Contact Person’s Title • Description of ability to provide the services in a timely fashion. 12 • The Municipal Public Defender shall be paid $200-500 per session. Conflict Municipal Public Defender(s) shall be paid at the Municipal Public Defender rate when substituting for the Municipal Public Defender. Conflict Municipal Defender(s) shall be paid at a rate of $200.00 per defendant, not to exceed $475.00 per session, where appointed to represent a defendant due to a conflict of the Municipal Public Defender. • A narrative statement of the professionals understanding of the Borough’s needs and goals. PUBLIC DEFENDER - The undersigned hereby declares that they have carefully examined the requirements of the specifications contained herein and propose that if awarded the bid, he/she agrees to the fee as outlined in the Scope of Work will provide services as specified by the Specifications. SIGNATURE: NAME PRINTED: ____________________________________________________ FIRM: ADDRESS: PHONE: FAX: EMAIL: DATE: This fair and open process proposal is for the Request for Proposal/Request for Qualifications. Contract award(s) shall be made with reasonable promptness by written notice to that responsible bidder(s), whose bid proposal(s), conforming to this RFP/RFQ, is (are) most advantageous to the Borough, other factors considered. OFFICE LOCATION – Please list complete address of servicing location: ____________________________________________________________________________________ ____________________________________________________________________________________ 13 Proposal Requirements Qualification Statement and Proposal Respondents are requested to submit a Qualification Statement and Proposal for each category. The Qualification Statement and Proposal must contain all requirements of the RFP/RFQ and the following information. 1. A statement that your firm is interested in performing the work described in this RFP/RFQ. 2. The address of the office in which the work will be performed. 3. The name and title of the individuals who will be assigned to the project(s). 4. A narrative demonstrating your understanding of all work necessary. The narrative must detail your firm’s particular ability to perform the type of work. The narrative must indicate the experience of your firm/staff for the type of work involved for the categories your firm is preparing a response. The narrative should address the ability of your firm to complete the required work in a professional and cost-effective manner. 5. Resumes of key personnel must be submitted along with your firms’ proposals. Each resume shall be a maximum of two, single sided, 8 ½ “x 11” sheets in length and must highlight education, professional credentials, and work performance on projects similar to that described in this RFP/RFQ. A resume of the primary partner, as well as the resume(s) of key personnel must be included. 6. It is anticipated that the Borough will require monthly itemized statements for all services and will subject these statements to audit at least annually. Describe how your firm would provide for this reporting. 7. Please submit an example of a typical invoice your firm provides to a public agency. Fee Schedule Fees per sessions are listed under each individual scope of services. Evaluation, Review and Selection Process Proposals to Remain Subject to Acceptance RFP/RFQ responses shall remain open for a period of sixty (60) calendar days from the stated submittal date. The Borough will either award the Contract within the applicable time period or reject all proposals. The Borough may extend the decision to award or reject all proposals beyond the sixty (60) calendar days when the proposals of any respondents who consent thereto may, at the request of the Borough, be held for consideration for such longer period as may be agreed. Rejection of Proposals The Borough reserves the right to reject any or all proposals, or to reject any proposals if the evidence submitted by, or investigation of such Bidder fails to satisfy the Borough that such Bidder is properly qualified to carry out the obligations of the RFP/RFQ and to complete the work contemplated therein. The Borough reserves the right to waive any minor informality in the RFP/RFQ. In the event that all proposals are rejected, the Borough reserves the right to start the process over from the beginning and re-solicit proposals. If No Proposals Are Received If no proposals are received after conducting the Fair and Open Process, the Committee will make a recommendation for the appointment of a professional to the governing body as permitted in N.J.S.A. 40A:11-6.1(a)(b). Notwithstanding the above, all professionals receiving awards based on this sub- 14 section must comply with the limitations on contributions approved in the Borough’s Pay to Pay Ordinances. Evaluation Process An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements, determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria. The highest-ranking Bidder will then be recommended to the governing body for award of contract, based on price and other factors. Evaluation Criteria The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not meant to imply order of importance in the selection process. All criteria will be used to select the successful Bidder. 1. Understanding of the Requested Work a. Completeness & responsiveness to the RFP/RFQ b. Compliance with instructions & requests c. Demonstrates clear understanding of Scope of Work 2. Knowledge and Technical Competence a. Education & training of employees b. Suitability to perform the required tasks 3. Management, Experience and Personnel Qualifications a. Project management team & their qualifications b. Additional resources available c. Record of reliability & quality of service d. Experience performing similar work 4. Cost a. Explanation of costs (on Cost Sheet) b. Cost comparison c. Miscellaneous additional services costs Note: Price shall be based on hourly rates and schedules of fees submitted with the proposal. Any services not included as part of any resulting contract scope of services must be approved and authorized by the Borough before such work is initiated. The Borough shall pay for such approved services at the rate or cost agreed upon between the Borough and Bidder, provided the Bidder has provided a schedule of fees for additional services with this RFP/RFQ. Award The Borough reserves the right to conduct an interview or interviews with the prospective professional to discuss the scope of the professional services as outlined in the Bidder’s submission. Term of Contract: January 1, 2026 – December 31, 2026. The Professional Services Committee will select the Bidder(s) deemed most advantageous to the Borough, price and other factors considered. The Professional Services Committee’s selection is 15 subject to the Mayor’s approval. Thereafter, the Mayor’s recommendation shall be forwarded to the governing body for approval. Once approved by the governing body by resolution, the contract between the Borough and the selected Bidder(s) shall be prepared. All awards are subject to availability of funds. Notice of Award The successful Bidder will be notified of the award of contract upon a favorable decision by the governing body. The Purchasing Agent may then send a Purchase Order/Voucher to the Bidder. Payment Payment will be made after a properly executed Borough voucher has been received and formally approved on the voucher list by the Borough Council at its subsequent regular meeting. The voucher will be certified correct by the department/division head who received the goods or services. Open Public Records Act (OPRA) All documents/information, except for OPRA’s Exemptions from Disclosure, submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. ***************************** --- Document: 2026 Planner RFP Specs --- 1 BOROUGH OF HIGHLANDS 2026 REQUEST FOR PROPOSALS PROFESSIONAL SERVICES CONTRACT TO BE AWARDED BY ESTABLISHED QUALIFICATION CRITERIA FOR PLANNER SERVICES Notice is hereby given that sealed proposals addressed to Borough Administrator, will be received up to 11:00am prevailing time on November 25, 2025, at which time they will be publicly opened and read by the Borough of Highlands, at the Municipal Building, 151 Navesink Ave., Highlands, New Jersey 07732. Specifications and other bid information may be obtained at the Borough Office at 151 Navesink Ave., Highlands, NJ during normal business hours 8:30am – 4:30pm or online at www.highlandsnj.gov. Bids must be made on the proposal forms included with the bid specification, be enclosed in a sealed package bearing the name and address of the bidder and “PLANNER, NAME” on the outside, addressed to Michael Muscillo, at the address above. Pursuant to N.J.S.A. 40A:11-23c, addenda may be issued for proposals. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. Copies of addenda or notice of same will be made available on the Borough website. It is recommended that all bidders who download specifications from the website to check prior to bid opening to see if any addenda have been issued. The Borough of Highlands is soliciting proposals through a fair and open process in accordance with N.J.S.A. 19:44A- 20.4 et seq., P.L. 2004 Chapter 19 (as amended by P.L. 2005, c.51), Highlands Borough is soliciting Requests for Proposal for Bidders for professional service position appointments. All reportable contributions to any Highlands Borough candidate for Mayor or Borough Council or officeholder of political committee are required to be reported pursuant to N.J.S.A. 19:44A-1, et seq. Responses to the above referenced professional position should address the general criteria and mandatory minimum criteria for the position sought. All responses will be treated as confidential and reviewed only by the Administrator and Governing Body, unless otherwise required by law. The applicant/proposer shall submit one (1) original with original signatures marked “ORIGINAL” and two (2) flash drives containing exact copy of the original in PDF format. One (1) or more Planner(s) may be awarded a one (1) year contract. Appointment(s) shall be for the calendar year of 2026. Price and other factors considered. The Borough Council reserves the right to reject any or all proposals in whole or in part and to waive such informalities as may be permitted by law. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq., Affirmative Action requirements, N.J.S.A. 19:44A-20.4 et seq., P.L. 2004, Chapter 19 (as amended by P.L. 2005, c.51) Michael F Muscillo Borough Administrator November 3, 2025 2 1. INTRODUCTION The Borough of Highlands (hereinafter the “Borough”) is soliciting proposals from qualified firms interested in performing the duties and functions for Borough Planner and intends to award a professional services contract for the defined scope of work in accordance with N.J.S.A. 19:44A-20.4 et seq. (Fair and Open process) for the 2026 calendar year. Price and other factors considered. As used herein, the term “Borough” shall include all Highlands Borough Departments, Boards, Commissions, and affiliated. 2. ADMINISTRATIVE CONDITIONS AND REQUIREMENTS The following items express the administrative conditions and requirements of this RFP/RFQ. Together with the other RFP/RFQ sections, they will apply to the RFP/RFQ process, the subsequent contract and project production. Any proposed change, modification, or exception to these conditions and requirements may be the basis for the Borough to determine the proposal as non-responsive to the RFP/RFQ and will be a factor in the determination of an award of a contract. The contents of the proposal of the successful bidder, as accepted by the Borough, will become part of any contract awarded as a result of this RFP/RFQ. 2.1 Proposal Submission Information Submission Date and Time: November 25, 2025, 11:00am prevailing time The Bidder shall submit one (1) original with original signatures marked “ORIGINAL,” and two (2) flash drives containing exact copy of the original submission in pdf format. Submission Office: Borough of Highlands/RFP Planner Borough Administrator 151 Navesink Ave. Highlands, NJ 07732 Clearly mark the submittal package with the title of this RFP/RFQ Planner 2026 and the name of the responding firm, addressed to the Borough Administrator. The original proposal shall be marked to distinguish it. Only those RFP/RFQ responses received prior to or on the submission date and time as specified on the Notice to Bidders will be considered. Any submission(s) received after the specified date and time will be returned unopened. Responses delivered before the submission date and time specified above may be withdrawn upon written application of the Bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the proposal. After the submission date and time specified, responses must firm for a period of sixty (60) days. 2.2 Interpretations and Addenda Bidders are expected to examine the RFP/RFQ with care and observe all its requirements. All questions about the meaning or intent of this RFP/RFQ, all interpretations and clarifications considered necessary by the Borough’s representative in response to such comments and questions will be issued by Addenda. Only comments and questions responded to by formal written Addenda will be binding. Questions may be emailed to mmuscillo@highlandsnj.gov. Oral interpretations, statements or clarifications are without legal effect. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. If bidders download a Bid/RFP/RFQ from the 3 website, it is the responsibility of the person submitting the bid to check prior to the bid opening to see if addenda have been issued. Copies of addenda or notice of same will be made available on the Borough website. 2.3 Assign, Sublet or Transfer Any Rights/Interests Neither the Borough nor the Bidder shall assign, sublet, or transfer any rights or interest in this Agreement without the prior written consent of the other party. Unless specifically stated to the contrary, in writing, prior to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to any party other than the Borough and the Contractor. 2.4 Cost Liability and Additional Costs The Borough assumes no responsibility and liability for costs incurred by the Bidders prior to the issuance of an agreement. The liability of the Borough shall be limited to the terms and conditions of the contract. Bidders will assume responsibility for all costs not stated in their proposals. All unit rates either stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional charges, unless incurred for additional work performed by request of the Borough, are not to be billed and will not be paid. 2.5 Statutory and Other Requirements a. Compliance with Laws Any contract entered into between the Bidder and the Borough must be in accordance with and subject to compliance by both parties with the New Jersey Local Public Contracts Law. The Bidder must agree to comply with the non-discrimination provisions and all other laws and regulations applicable to the performance of services thereunder. The Bidder shall sign and acknowledge such forms and certificates as may be required by this section. b. Mandatory EEO/Affirmative Action Compliance No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed. c. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the delivery of services is prohibited. Bidders are required to read American with Disabilities language that is part of the documents attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The Bidder is obligated to comply with the Act and hold the Borough harmless. d. Ownership Disclosure An Ownership Disclosure Statement is required to be submitted with each bid. This mandatory form is provided as part of the bid documents. FAILURE TO INCLUDE A COMPLETED OWNERSHIP DISCLOSURE STATEMENT WITH EACH BID SHALL RESULT IN THE REJECTION OF THE BID. e. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of this RFP/RFQ, shall be properly executed and submitted with the RFP/RFQ response. This form is provided as part of the bid documents. f. NJ Business Registration Certificate A New Jersey Business Registration Certificate is required pursuant to C57, PL2004; failure to be registered by time of contract award may be cause for rejection. Entities or individuals that need to file for a certificate may do 4 so on-line through the NJ Division of Local Government Services at the following link: http://www.state.nj.us/treasury/revenue/busregcert.shtml. g. Disclosure of Investment Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). The form is included as part of the bid documents. h. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity that seeks to enter into or renew a contract with a State Agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete a certification indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If Highlands finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. This form is included as part of the bid documents. i. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27) (1) Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website. (2) Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year. (3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us. (4) If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or 609-292-8700. j. Insurance and Indemnification If it becomes necessary for the Bidder, either as principal or by agent or employee, to enter upon the premises or property of the Borough in order to construct, erect, inspect, make delivery or remove property hereunder, the Bidder hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. The Bidder further covenants and agrees to indemnify and save harmless the Borough from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Borough regulation, ordinance or the laws of the State, or the United States while said work is in progress. The Bidder shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. Successful bidder will indemnify and hold harmless the Borough from all claims, suits or actions and damages or costs of every name and description to which the Borough may be subjected or put by reason of injury to the person 5 or property of another, or the property of the Borough, resulting from negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or sub-contractors in the delivery of materials and supplies, or in the performance of the work under this agreement. Certificates of the Required Insurance Certificates as listed below shall be submitted along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the Borough as an additional insured. Insurance/Background Checks The Bidder is responsible to conduct adequate background checks on all employees and/or sub-contractors working at Borough facilities. Consultants and/or sub-contractors must be bonded, show proof of insurance coverage naming the Borough as an additional insured, and workers’ compensation insurance. Insurance Requirements The Bidder shall maintain during the life of the contract, insurance policies of the type and with the minimum limits indicated below and, in a form, satisfactory to the Borough. The Bidder shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the municipality prior to commencement of work. 1. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer’s Liability is $500,000.00. 2. General Liability Insurance This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 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 this contract by the bidder. 3. Automobile Liability Insurance This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $1,000,000.00 each accident for property damage, shall be maintained in force during the life of this contract by the bidder. 4. Professional Liability This insurance shall be maintained in force during the life of this contract by the bidder covering claims arising from errors and omissions/malpractice from its representation of the municipality with limits of not less than $1,000,000.00 per occurrence. Per GFOA, level of malpractice insurance carried, including deductible amount to cover Errors & Omissions (E&O) improper judgments and negligence. k. HIPAA (if applicable) Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (‘HIPAA”) as may be amended from time to time and the corresponding HIPAA regulations for the confidentiality and security of medical information. The Bidder shall: Not use or disclose protected health information other than as permitted or required by law. Use appropriate safeguards to protect the confidentiality of the information. Report any use or disclosure not permitted. 6 The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. l. Proof of Licensure Proof of licensure for providing Professional Services in the State of New Jersey, for either the firm or the person responsible for the work, shall be provided as required. m. Public Emergency In the event of a Public Emergency declared at the Local, State or Federal Level, if the Borough opts to extend terms and conditions of this RFP/RFQ, the Bidder agrees to extend the terms and conditions of this RFP/RFQ, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original Bidder cannot meet this requirement, the Borough may solicit the goods and/or services from any respondent on this contract. n. Multiple Proposals Not Accepted More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered. o. Failure to Enter Contract Should the Bidder, to whom the contract is awarded, fail to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, the Borough may then, at its option, accept the proposal of another Bidder. p. Commencement of Work The Bidder agrees to commence work on January 1, 2026. q. Termination of Contract If, through any cause, the Bidder shall fail to fulfill in a timely and proper manner obligations under the Contract or if the Bidder violates any requirements of the Contract, the Borough shall thereupon have the right to terminate the Contract by giving written notice to the Bidder of such termination at least thirty (30) days prior to the proposed effective date of the termination. Such termination shall relieve the Borough of any obligation for the balances to the Bidder of any sum or sums set forth in the Contract. The Bidder agrees to indemnify and hold the Borough harmless from any liability to sub-contractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Contract by the Borough under this provision. In case of default by the Bidder, the Borough may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. r. Non-Allocation of Funding Termination Each calendar year payment obligation of the Borough is conditioned upon the availability of Borough funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Bidder hereunder, whether in whole or in part, the Borough at the end of any particular calendar year may terminate such services. The Borough will notify the Bidder in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Borough to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party Bidder. s. Challenge of Specifications 7 Any Bidder who wishes to challenge a specification shall file such challenge in writing with the Purchasing Agent no less than three (3) business days prior to the opening of the RFP/RFQ’s. Challenges filed after that time shall be considered void and having no impact on the Borough or the award of contract. t. Payment Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the Proposal Cost Form. Payment will be made within sixty (60) days or less provided the Bidder returns signed purchase order with original signature and original invoice within specified time period. The Borough may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following: 1. Deliverables not complying with the project specification; 2. Claims filed or responsible evidence indicating probability of filing claims; 3. A reasonable doubt that the Contract can be completed for the balance then unpaid. When the above grounds are removed, payment shall be made for amounts withheld because of them. u. Non-payment of Penalties and Interest on Overdue Bills Public funds may be used to pay only for goods delivered or services rendered. The Borough will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Borough to pay additional fees. A purchase order must be signed for payment to be made. v. Availability of Funds Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually w. Ownership of Material The Borough shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the Borough to the Bidder for the purpose of assisting the Bidder in the performance of this contract. All such items shall be returned immediately to the Borough at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the Borough, be disclosed to others or used by the Bidder or permitted by the Bidder to be used by their parties at any time except in the performance of the resulting contract. Ownership of all data, materials and documentation originated and prepared for the Borough pursuant to this contract shall belong exclusively to the Borough. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the Borough upon completion of the project. The Bidder shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the Borough. All information supplied to the Borough may be required to be supplied on CD-ROM media compatible with the Borough’s computer operating system, windows based, Microsoft Office Suite 2007 or greater. x. Altering Official Document Bidders shall not write in any margins or alter the official content of Borough’s document. y. W-9 Successful Bidder shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf 8 z. Best Practices The awarded Planner(s) will adhere to the best practices described in the Office of the Comptroller’s Report on municipal legal services. aa. Conflict of Interest Indicate and disclose below any potential conflicts of interest that the Planner(s) may have in performing these services for the Borough of Highlands. Conflict of Interest Yes __________ No _________ If answered “yes”, please explain below or on separate sheet(s) _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 3. Representations The Bidder hereby represents as follows: (a) The Bidder is financially solvent, able to pay its debts as they become due and possessed of sufficient working capital to complete the services required and perform its obligations under this Agreement. (b) The Bidder is able to furnish the workplace, tools, materials, supplies, equipment and labor necessary to complete the Services and perform all of its obligations under the Contractual Documents, and has sufficient experience and competence to do so. (c) The Bidder is authorized to do business in the State of New Jersey and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Bidder and the Services it will be performing. (d) The Bidder’s execution of and performance under this Agreement are within its duly authorized powers. (e) The Bidder certifies that it has satisfied itself, from its own investigation, of the conditions to be met, and that it fully understands its obligations and agrees that it will not make any Claim for, or have right to, cancellation or relief from the Contractual Documents without penalty because of its misunderstanding or lack of information. (f) The Bidder certifies that all representations made by it in any of the Contractual Documents are true, subject to penalty of law. The Bidder understands and agrees that its knowing or intentional violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact may be cause for termination of this Agreement. The Bidder understands and agrees that the Bidder’s violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact shall serve as a legal bar to the Bidder’s enforcement of its rights under the Contractual Documents, including any and all Claims at law or equity. (g) The Bidder and any firm it has subcontracted has provided to the Authority proof of valid business registration with the Division of Revenue of the New Jersey Department of the Treasury, pursuant to L. 2001, c. 134, as set forth in Appendix E, and the Bidder shall not enter into any subcontract with a firm that has not provided it and the Authority with proof of such valid business registration 9 BOROUGH PLANNER These contracts are to furnish and deliver professional services for the Borough of Highlands through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq. as follows: Any persons or firms interested in providing professional services to the Borough of Highlands as defined in the New Jersey Statutes, N.J.S.A. 40A:11-2(6). SCOPE OF WORK: PLANNER CONSULTANT SERVICES GENERAL CRITERIA: Highlands Borough desires to appoint a qualified, licensed planner(s) or firm with licensed planners, with significant experience in redevelopment related manners, including but not limited to conducting redevelopment or rehabilitation investigations, the development of redevelopment plans and related services may become necessary for various sites throughout the Borough. These services would include presenting to the Governing Body and the Land Use Board as necessary. Any experience or knowledge of matters that directly affect the Borough of Highlands should be addressed. MANDATORY MINIMUM REQUIREMENTS: The proposal submitted by the Respondent must meet or exceed the professional, administrative and financial qualifications and requirements as set forth in the RFP/RFQ and shall incorporate the information requested below. A Respondent may submit supplemental information that it feels may be useful in evaluating its proposal. Respondents are encouraged to be clear, factual, and concise in their presentation of information. 1. Must be certified to provide planning services in the State of New Jersey. 2. Must have a minimum of ten (10) years’ experience in providing consulting planning services to municipalities including demonstrated experience with prior redevelopment projects in New Jersey. 3. Must be knowledgeable of the Borough and its on-going redevelopment projects. The Borough will give due weight to the familiarity of teh responding with prior and on-going Borough projects and procedures and the capability and ability of the professional to continue in such matters, and the benefits obtained by reason of continuity in such matters. 4. Must maintain a staff of New Jersey licensed or certified professionals sufficient to service Borough of Highlands. 5. Must have availability to accommodate the needs of the Borough. As reasonable accessibility is relevant consideration, the Planner should have its office within reasonable distance to Highlands. The position requires extensive interaction with Borough employees and officials, regular attendance at various project sites within the Borough and meetings and conferences. The responding Planner/Firm should provide details of adequate professional/support staff at its office as to adequately provide for the Borough's services. 6. Must have project managers with at least ten (10) years of municipal experience. 7. Must list past and present municipalities served as Planner. 8. Schedule of hourly rates for Planner(s) and support staff. The fee proposal at the end of this section must be completed as outlined or the proposal will be rejected. 10 PROPOSAL REQUIREMENTS FEE PROPOSAL TO PROVIDE THE SERVICES OUTLINED ABOVE This fair and open process proposal is for the Request for Proposal/Request for Qualifications. Contract award shall be made with reasonable promptness by written notice to that responsible bidder, whose bid proposal, conforming to this RFP/RFQ, is most advantageous to the Borough. Qualification Statement and Proposal Respondents are requested to submit a Qualification Statement. The Qualification Statement and Proposal must contain all requirements of the RFP/RFQ and the following information. 1. A statement that your firm is interested in performing the work described in this RFP/RFQ. 2. The address of the office in which the work will be performed. 3. The name and title of the individuals who will be assigned to the project(s). 4. A narrative demonstrating your understanding of all work necessary. The narrative must detail your firm’s particular ability to perform the type of work. The narrative must indicate the experience of your firm/staff for the type of work involved for the categories your firm is preparing a response. The narrative should address the ability of your firm to complete the required work in a professional and cost-effective manner. Additional Attachments (Required) Resumes with titles of key personnel who will be assigned to project must be submitted along with your firms’ proposals. Each resume shall be a maximum of two, 8 ½ “x 11” sheets in length and must highlight education, professional credentials, and work performance on projects similar to that described in this RFP/RFQ. A resume of the primary partner, as well as the resume(s) of key personnel must be included. Basis for Award of Contract/Agreement for Professional Services The Borough shall award all professional service contracts or agreements based on qualifications, knowledge and technical competence, experience performing similar work and other factors considered Fee Schedule Respondents shall submit a proposed hourly rate fee schedule for the period of January 1, 2026 through December 31, 2026. References Please provide a list of (3) three clients for whom similar risk management services have been provided. Include the following in your response: 1. Name of Client 5. Telephone Number 2. Address of Client 6. E-mail address 3. Contact Person’s Name 7. Dates Worked (time period worked with client) 4. Contact Person’s Title 11 EVALUATION, REVIEW AND SELECTION PROCESS Proposals to Remain Subject to Acceptance RFP/RFQ responses shall remain open for a period of sixty (60) calendar days from the stated submittal date. The Borough will either award the Contract within the applicable time period or reject all proposals. The Borough may extend the decision to award or reject all proposals beyond the sixty (60) calendar days when the proposals of any respondents who consent thereto may, at the request of the Borough, be held for consideration for such longer period as may be agreed. Rejection of Proposals The Borough reserves the right to reject any or all proposals, or to reject any proposals if the evidence submitted by, or investigation of such respondent fails to satisfy the Borough that such respondent is properly qualified to carry out the obligations of the RFP/RFQ and to complete the work contemplated therein. The Borough reserves the right to waive any minor informality in the RFP/RFQ. In the event that all proposals are rejected, the Borough reserves the right to start the process over from the beginning and re-solicit proposals. If No Proposals Are Received If no proposals are received after conducting the Fair and Open Process, the Committee will make a recommendation for the appointment of a professional to the governing body as permitted in N.J.S.A. 40A:11-6.1(a)(b). Notwithstanding the above, all professionals receiving awards based on this sub- section must comply with the limitations on contributions improved in the Borough’s Pay to Pay Ordinances. Evaluation Process An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements, determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria. The highest-ranking respondent will then be recommended to the governing body for award of contract. Evaluation Criteria The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not meant to imply order of importance in the selection process. All criteria will be used to select the successful Bidder. 1. Understanding of the Requested Work a. Completeness & responsiveness to the RFP/RFQ b. Compliance with instructions & requests c. Demonstrates clear understanding of Scope of Work 2. Knowledge and Technical Competence a. Education & training of employees b. Suitability to perform the required tasks 3. Management, Experience and Personnel Qualifications a. Project management team & their qualifications b. Additional resources available 12 c. Record of reliability & quality of service d. Experience performing similar work 4. Cost a. Explanation of costs (on Cost Sheet) b. Cost comparison c. Miscellaneous additional services costs Note: Price shall be based on hourly rates and schedules of fees submitted with the proposal. Any services not included as part of any resulting contract scope of services must be approved and authorized by the Borough before such work is initiated. The Borough shall pay for such approved services at the rate or cost agreed upon between the Borough and Bidder, provided the Bidder has provided a schedule of fees for additional services with this RFP/RFQ. Award The Borough reserves the right to conduct an interview or interviews with the prospective professional to discuss the scope of the professional services as outlined in the Bidder’s submission. Term of Contract: January 1, 2026 – December 31, 2026. The Professional Services Committee will select the Bidder(s) deemed most advantageous to the Borough, price and other factors considered. The Professional Services Committee’s selection is subject to the Mayor’s approval. Thereafter, the Mayor’s recommendation shall be forwarded to the governing body for approval. Once approved by the governing body by resolution, the contract between the Borough and the selected Bidder(s) shall be prepared. All awards are subject to availability of funds. Notice of Award The successful Bidder will be notified of the award of contract upon a favorable decision by the governing body. The Purchasing Agent may then send a Purchase Order/Voucher to the Bidder. Payment Payment will be made after a properly executed Borough voucher has been received and formally approved on the voucher list by the Borough Council at its subsequent regular meeting. The voucher will be certified correct by the department/division head who received the goods or services. Open Public Records Act (OPRA) All documents/information, except for OPRA’s Exemptions from Disclosure, submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. **************************** --- Document: 2026 Notice of RFP for Annual Professional Services --- NOTICE TO BIDDERS Notice is hereby given that sealed Bids will be received by the Borough of Highlands for Calendar Year 2026: PROFESSIONAL SERVICES TO INCLUDE: ADMINISTRATIVE AGENT ANIMAL CONTROL ATTORNEYS – Municipal, Land Use Board, Bond, Labor, Tax, Affordable Housing, Redevelopment, & Conflict AUDITOR COMMUNITY RATING SYSTEM (CRS) COORDINATOR ENGINEERS – Municipal, Land Use Board, & Conflict IT SERVICES PLANNER PROSECUTOR PUBLIC DEFENDER RISK MANAGER to be opened and read aloud at the Borough Hall, Borough of Highlands, 151 Navesink Ave., Highlands, NJ 07732, on November 25, 2025, at 11:00am prevailing local time. Specifications and other bid information may be obtained at the Borough Office at 151 Navesink, Highlands, NJ during normal business hours 8:30am – 4:30pm or online at www.highlandsnj.gov. Bids must be made on the proposal forms included with the bid specification, be enclosed in a sealed package bearing the name and address of the bidder and “BID TITLE, NAME” on the outside, addressed to Michael Muscillo, at the address above. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. Michael Muscillo Borough Administrator November 5, 2025 --- Document: 2026 IT Services RFP Specs --- BOROUGH OF HIGHLANDS COUNTY OF MONMOUTH STATE OF NEW JERSEY REQUEST FOR PROPOSAL & QUALIFICATIONS FOR IT SERVICES Notice is hereby given that sealed proposals will be received by the Borough Administrator of the Borough of Highlands, New Jersey and opened and read in public in the Municipal Office at 151 Navesink Ave., Highlands, New Jersey 07732, on November 25, 2025, at 11:00am prevailing local time. Request for Proposal/Qualifications from IT Professional or Firm interested in providing IT Services to the Borough of Highlands for a 12-month period starting January 1, 2026. Successful applicants will be required to comply with requirements of N.J.S.A. 30:5-33, et seq. (N.J.A.C. 37:27), Equal Employment Opportunity, N.J.S.A. 52:32-44, et. seq., New Jersey Business Registration, N.J.S.A. 10:5-31 Affirmative Action. All Addenda will be issued on the website www.highlandsnj.gov. Therefore, all interested respondents should check the website from now through the date due. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to the procurement. Respondents shall comply with the said requirements. The Borough of Highlands reserves the right to reject any and or all proposals if it is deemed to be in the best interest of the Borough of Highlands to do so. The Borough of Highlands also reserves the right to conduct interviews of any and or all applicants, as it deems necessary. By order of the Mayor and Council of the Borough of Highlands. Michael Muscillo Borough Administrator November 3, 2025 I. SCOPE OF CONTRACT The Borough of Highlands is seeking proposals to provide network support and assistance with acquisition of computer hardware and software for a 12-month period starting January 1, 2026. This contract will be awarded through submission of written proposals. Eligibility to Submit Proposal: In order to be eligible to submit a proposal, the proposer(s) must: Be registered to do business in New Jersey; Satisfy and comply with the terms, conditions and requirements specified in this RFQ/RFP; Be a legal resident in the United States; Not be on any State debarred contractor or vendor list; Be experienced in IT network support and various hardware and software utilized by the Borough Proposals should reflect the following: 1. The ability to service and maintain Edmunds, NCIC, and multiple other Borough software packages. 2. The ability to successfully interface with the existing Web site. 3. The need to develop and maintain documentation of the Borough’s network. 4. The ability to manage wiring needed for connectivity. 5. The ability to install and support secure wireless networks as required by the Borough. 6. The ability to support networked videoconferencing services (if required) in the Municipal Court. 7. The ability to set up and maintain off-site backup with minimal involvement of Borough staff on a day-to-day basis. 8. The ability to establish a remote system that is accessible at all times to the Borough Administrator, the Chief Financial Officer and/or their designees. 9. The ability to follow New Jersey public procurement laws and procedures for acquisition of hardware, software and account maintenance. 10. The ability to establish training programs for staff using new technologies of software upgrades. The Borough of Highlands will allow prospective vendors to inspect current technology assets, pending availability of Borough personnel. Vendors must be accompanied by the Chief of Police or his designee during any visit to the Police Department. The Police Department network must be maintained to New Jersey State Police standards for access to the State Police Network/NCIC. The successful vendor (and their employees) will be subject to a background check and security clearance. Proposals for technical support should include the following: 1. Servers and Network Devices General maintenance of servers and all other network devices including switches, hubs, routers and firewalls. A. Patches, services packs, security and operating system updates. B. Review of event logs and other indicators for maintenance troubleshooting. C. Server management and maintenance. D. Performance and capacity management, including critical server and NOS parameters, analysis of server efficiency, and recommendation and execution of changes based on monitoring E. Server hardware maintenance on failed equipment, control documentation, recommendation of server upgrades. F. Problem management for servers and peripherals including logging, diagnosis, escalating, follow-through, resolution and reporting. G. Provide guidance for planning upgrades, and assist in developing of a Borough-wide capital improvement plan in technology. H. Provide disaster support in case of network failure, to include a two-hour response time in the case of a server failure. I. Proposal must address ability to assist Police Department in case of system failure in their headquarters. 2. Local Area Network Services A. Act as Network Administrator, providing upgrades, patches, anti-virus maintenance, error logs, system purges, print queues, drivers, user groups and file access. B. Must provide a workable backup system and train personnel to maintain. C. Assist with backup server data and on-demand restoration services. D. Monitor access to server resources and security violations. E. Assist with performing security/response management, including passwords, groups, and file/directory access. F. Must provide and enforce a schedule for changing passwords. G. Provide guidance for and advice for planning upgrades in both hardware and software. 3. Workstation Maintenance A. Provide support for workstation or software installation problems on an as-needed basis. B. Provide support for printer problems on an as-needed basis C. Provide guidance for planning upgrades in both hardware and software. This proposal may be presented in various formats: i. An overall annual contract to cover all items listed above, with an hourly rate for projects outside the scope of this outline, including server upgrades, server installation or reinstallation, disaster recovering, planning and design. The hourly rate should be available for purchase in blocks of time with remaining time to carry over if applicable. ii. A contract that provides for: (a) Monthly support provided by a systems engineer, with (b) Purchase of a block of time, showing hourly rate, to cover areas that are not covered by the monthly support with remainder to be carried over into the following year. iii. Other formats as determined by the vendor. II. REQUIREMENTS OF VENDORS All applicants must include the following information in their proposal: 1. Names and statements of qualifications of chief officers of the entity or corporation. 2. Names and statements of qualifications of the person or persons who will be handling the account on a day-to-day basis. 3. Estimated response time and typical protocol for handling responses 4. References from existing clients, especially those in state or municipal government. 5. If government references are available, name and contact information of purchasing agent or Finance Office contact. 6. Copy of completed Borough of Highlands pay-to-play forms, available from Borough Clerk’s office. Applications that do not include these forms will be considered incomplete and not considered. 7. Name of at least one client that discontinued service with the vendor in the past three years. 8. Statement of vendor’s ability to abide by a government purchasing schedule, which may take up to six weeks to make payment. 9. Statement that vendor shall provide staff during regular Borough business hours on one (1) day of each week of each month during the term of the contract to assist the Township with the subject network. As part of its proposal, the vendor shall be required to provide a fee proposal with and without this staffing requirement. III. ADMINISTRATIVE CONDITIONS AND REQUIREMENTS The following items express the administrative conditions and requirements of this RFP/RFQ. Together with the other RFP/RFQ sections, they will apply to the RFP/RFQ process, the subsequent contract, and project production. Any proposed change, modification, or exception to these conditions and requirements may be the basis for the Borough, hereinafter referred to as owner, to determine the proposal as non-responsive to the RFP/RFQ and will be a factor in the determination of an award of a contract. The contents of the proposal of the successful Respondent, as accepted by the owner, will become part of any contract awarded as a result of this RFP/RFQ. Proposal Submission Information Submission Date and Time: November 25, 2025, 11:00 AM prevailing time. The applicant/proposer shall submit one (1) original with original signatures marked ‘ORIGINAL” and two (2) flash drives containing exact copies of the original submission for EACH specialty bid. Submission Office: Borough of Highlands/RFP IT Services Borough Administrator 151 Navesink Ave. Highlands, NJ 07732 Clearly mark the submittal package with the title of this RFP IT Services and the name of the responding firm, addressed to the Borough Administrator. The original proposal shall be marked to distinguish it. Only those RFP/RFQ responses received prior to or on the submission date will be considered. Any submission(s) received after the specified time and location will be returned unopened. Responses delivered before the submission date and time specified above may be withdrawn upon written application of the respondent who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the proposal. After the submission date and time specified above, responses must remain firm for a period of sixty (60) days. Interpretations and Addenda Bidders are expected to examine the RFP/RFQ with care and observe all its requirements. All questions about the meaning or intent of this RFP/RFQ, all interpretations and clarifications considered necessary by the Borough’s representative in response to such comments and questions will be issued by Addenda. Only comments and questions responded to by formal written Addenda will be binding. Questions may be emailed to mmuscillo@highlandsnj.gov. Oral interpretations, statements or clarifications are without legal effect. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. If bidders download a Bid/RFP/RFQ from the website, it is the responsibility of the person submitting the bid to check prior to the bid opening to see if addenda have been issued. Copies of addenda or notice of same will be made available on the Borough website. Assign, Sublet or Transfer Any Rights/Interests Neither the owner nor the Bidder shall assign, sublet, or transfer any rights or interests in this Agreement without the prior written consent of the other party. Unless specifically stated to the contrary, in writing, prior to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to any other than the owner and the Bidder. Cost Liability and Additional Costs The owner assumes no responsibility and liability for costs incurred by the Respondents prior to the issuance of any/all agreements. The liability of the owner shall be limited to the terms and conditions of the contract. Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional charges, unless incurred for additional work performed by request of the owner, are not to be billed and will not be paid. Statutory and Other Requirements a. Compliance with Laws Any contract entered into between the Bidder and the Borough must be in accordance with and subject to compliance by both parties with the New Jersey Local Public Contracts Law. The Bidder must agree to comply with the non-discrimination provisions and all other laws and regulations applicable to the performance of services thereunder. The Bidder shall sign and acknowledge such forms and certificates as may be required by this section. b. Mandatory EEO/Affirmative Action Compliance No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed. c. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the delivery of services is prohibited. Bidders are required to read American with Disabilities language that is part of the documents attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The Bidder is obligated to comply with the Act and hold the Borough harmless. d. Ownership Disclosure An Ownership Disclosure Statement is required to be submitted with each bid. This mandatory form is provided as part of the bid documents. FAILURE TO INCLUDE A COMPLETED OWNERSHIP DISCLOSURE STATEMENT WITH EACH BID SHALL RESULT IN THE REJECTION OF THE BID. e. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of this RFP/RFQ, shall be properly executed and submitted with the RFP/RFQ response. This form is provided as part of the bid documents. f. NJ Business Registration Certificate A New Jersey Business Registration Certificate is required pursuant to C57, PL2004; failure to be registered by time of contract award may be cause for rejection. Entities or individuals that need to file for a certificate may do so on-line through the NJ Division of Local Government Services at the following link: http://www.state.nj.us/treasury/revenue/busregcert.shtml. g. Disclosure of Investment Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). The form is included as part of the bid documents. h. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity that seeks to enter into or renew a contract with a State Agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete a certification indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If Highlands finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. This form is included as part of the bid documents. i. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27) (1) Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website. (2) Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year. (3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us. (4) If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or 609-292-8700. j. Insurance and Indemnification If it becomes necessary for the Bidder, either as principal or by agent or employee, to enter upon the premises or property of the Borough in order to construct, erect, inspect, make delivery or remove property hereunder, the Bidder hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. The Bidder further covenants and agrees to indemnify and save harmless the Borough from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Borough regulation, ordinance or the laws of the State, or the United States while said work is in progress. The Bidder shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. Successful bidder will indemnify and hold harmless the Borough from all claims, suits or actions and damages or costs of every name and description to which the Borough may be subjected or put by reason of injury to the person or property of another, or the property of the Borough, resulting from negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or sub-contractors in the delivery of materials and supplies, or in the performance of the work under this agreement. Certificates of the Required Insurance Certificates as listed below shall be submitted along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the Borough as an additional insured. Insurance/Background Checks The Bidder is responsible to conduct adequate background checks on all employees and/or sub- contractors working at Borough facilities. Consultants and/or sub-contractors must be bonded, show proof of insurance coverage naming the Borough as an additional insured, and workers’ compensation insurance. Insurance Requirements The Bidder shall maintain during the life of the contract, insurance policies of the type and with the minimum limits indicated below and, in a form, satisfactory to the Borough. The Bidder shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the municipality prior to commencement of work. 1. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer’s Liability is $500,000.00. 2. General Liability Insurance This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 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 this contract by the bidder. 3. Automobile Liability Insurance This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $1,000,000.00 each accident for property damage, shall be maintained in force during the life of this contract by the bidder. 4. Professional Liability This insurance shall be maintained in force during the life of this contract by the bidder covering claims arising from errors and omissions/malpractice from its representation of the municipality with limits of not less than $1,000,000.00 per occurrence. Per GFOA, level of malpractice insurance carried, including deductible amount to cover Errors & Omissions (E&O) improper judgments and negligence. k. HIPAA (if applicable) Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (‘HIPAA”) as may be amended from time to time and the corresponding HIPAA regulations for the confidentiality and security of medical information. The Bidder shall: Not use or disclose protected health information other than as permitted or required by law. Use appropriate safeguards to protect the confidentiality of the information. Report any use or disclosure not permitted. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. l. Proof of Licensure Proof of licensure for providing Professional Services in the State of New Jersey, for either the firm or the person responsible for the work, shall be provided as required. m. Public Emergency In the event of a Public Emergency declared at the Local, State or Federal Level, if the Borough opts to extend terms and conditions of this RFP/RFQ, the Bidder agrees to extend the terms and conditions of this RFP/RFQ, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original Bidder cannot meet this requirement, the Borough may solicit the goods and/or services from any respondent on this contract. n. Multiple Proposals Not Accepted More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered. o. Failure to Enter Contract Should the Bidder, to whom the contract is awarded, fail to enter into a contract within twenty- one (21) days, Sundays and holidays excepted, the Borough may then, at its option, accept the proposal of another Bidder. p. Commencement of Work The Bidder agrees to commence work on January 1, 2026. q. Termination of Contract If, through any cause, the Bidder shall fail to fulfill in a timely and proper manner obligations under the Contract or if the Bidder violates any requirements of the Contract, the Borough shall thereupon have the right to terminate the Contract by giving written notice to the Bidder of such termination at least thirty (30) days prior to the proposed effective date of the termination. Such termination shall relieve the Borough of any obligation for the balances to the Bidder of any sum or sums set forth in the Contract. The Bidder agrees to indemnify and hold the Borough harmless from any liability to sub- contractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Contract by the Borough under this provision. In case of default by the Bidder, the Borough may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. r. Non-Allocation of Funding Termination Each calendar year payment obligation of the Borough is conditioned upon the availability of Borough funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Bidder hereunder, whether in whole or in part, the Borough at the end of any particular calendar year may terminate such services. The Borough will notify the Bidder in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Borough to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party Bidder. s. Challenge of Specifications Any Bidder who wishes to challenge a specification shall file such challenge in writing with the Purchasing Agent no less than three (3) business days prior to the opening of the RFP/RFQ’s. Challenges filed after that time shall be considered void and having no impact on the Borough or the award of contract. t. Payment Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the Proposal Cost Form. Payment will be made within sixty (60) days or less provided the Bidder returns signed purchase order with original signature and original invoice within specified time period. The Borough may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following: 1. Deliverables not complying with the project specification; 2. Claims filed or responsible evidence indicating probability of filing claims; 3. A reasonable doubt that the Contract can be completed for the balance then unpaid. When the above grounds are removed, payment shall be made for amounts withheld because of them. u. Non-payment of Penalties and Interest on Overdue Bills Public funds may be used to pay only for goods delivered or services rendered. The Borough will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Borough to pay additional fees. A purchase order must be signed for payment to be made. v. Availability of Funds Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually w. Ownership of Material The Borough shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the Borough to the Bidder for the purpose of assisting the Bidder in the performance of this contract. All such items shall be returned immediately to the Borough at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the Borough, be disclosed to others or used by the Bidder or permitted by the Bidder to be used by their parties at any time except in the performance of the resulting contract. Ownership of all data, materials and documentation originated and prepared for the Borough pursuant to this contract shall belong exclusively to the Borough. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the Borough upon completion of the project. The Bidder shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the Borough. All information supplied to the Borough may be required to be supplied on CD-ROM media compatible with the Borough’s computer operating system, windows based, Microsoft Office Suite 2007 or greater. x. Altering Official Document Bidders shall not write in any margins or alter the official content of Borough’s document. y. W-9 Successful Bidder shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf z. Best Practices The awarded IT Consultant(s) will adhere to the best practices described in the Office of the Comptroller’s Report on municipal legal services. aa. Conflict of Interest Indicate and disclose below any potential conflicts of interest that the IT Consultant(s) may have in performing these services for the Borough of Highlands. Conflict of Interest Yes __________ No _________ If answered “yes”, please explain below or on separate sheet(s) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Representations The Bidder hereby represents as follows: (a) The Bidder is financially solvent, able to pay its debts as they become due and possessed of sufficient working capital to complete the services required and perform its obligations under this Agreement. (b) The Bidder is able to furnish the workplace, tools, materials, supplies, equipment and labor necessary to complete the Services and perform all of its obligations under the Contractual Documents, and has sufficient experience and competence to do so. (c) The Bidder is authorized to do business in the State of New Jersey and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Bidder and the Services it will be performing. (d) The Bidder’s execution of and performance under this Agreement are within its duly authorized powers. (e) The Bidder certifies that it has satisfied itself, from its own investigation, of the conditions to be met, and that it fully understands its obligations and agrees that it will not make any Claim for, or have right to, cancellation or relief from the Contractual Documents without penalty because of its misunderstanding or lack of information. (f) The Bidder certifies that all representations made by it in any of the Contractual Documents are true, subject to penalty of law. The Bidder understands and agrees that its knowing or intentional violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact may be cause for termination of this Agreement. The Bidder understands and agrees that the Bidder’s violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact shall serve as a legal bar to the Bidder’s enforcement of its rights under the Contractual Documents, including any and all Claims at law or equity. (g) The Bidder and any firm it has subcontracted has provided to the Authority proof of valid business registration with the Division of Revenue of the New Jersey Department of the Treasury, pursuant to L. 2001, c. 134, as set forth in Appendix E, and the Bidder shall not enter into any subcontract with a firm that has not provided it and the Authority with proof of such valid business registration. PROPOSAL REQUIREMENTS Fee Proposal to Provide the Services Outlined Above This fair and open process proposal is for the Request for Proposal/Request for Qualifications. Contract award(s) shall be made with reasonable promptness by written notice to that responsible bidder(s), whose bid proposal(s), conforming to this RFP/RFQ, is (are) most advantageous to the Borough, price, and other factors considered. Qualification Statement and Proposal Respondents are requested to submit a Qualification Statement and Proposal. The Qualification Statement and Proposal must contain all requirements of the RFP/RFQ and the following information. 1. A statement that your firm is interested in performing the work described in this RFP/RFQ. 2. The address of the office in which the work will be performed. 3. The name and title of the individuals who will be assigned to the project(s). 4. A narrative demonstrating your understanding of all work necessary. The narrative must detail your firm’s particular ability to perform the type of work. The narrative must indicate the experience of your firm/staff for the type of work involved for the categories your firm is preparing a response. The narrative should address the ability of your firm to complete the required work in a professional and cost-effective manner. 5. Resumes of key personnel must be submitted along with your firms’ proposals. Each resume shall be a maximum of two, single sided, 8 ½ “x 11” sheets in length and must highlight education, professional credentials, and work performance on projects similar to that described in this RFP/RFQ. A resume of the primary partner, as well as the resume(s) of key personnel must be included. 6. It is anticipated that the Borough will require monthly itemized statements for all services and will subject these statements to audit at least annually. Describe how your firm would provide for this reporting. 7. Please submit an example of a typical invoice your firm provides to a public agency. Fee Schedule Respondents shall submit a proposed hourly rate fee schedule for the period of January 1, 2026 through December 31, 2026. Any fee or cost not specified in your proposal is to be included within the hourly fee proposed. Advise if a retainer is part of the rate fee. The fee proposal at the end of this section MUST be completed as outlined or the proposal will be rejected. Failure of this requirement will deem multiple considerations void. REFERENCES Please provide a list of (3) three clients for whom similar services have been provided. Include the following in your response: 1. Name of Client 4.Contact Person’s 7. Dates Worked 2. Address of Client 5.Telephone Number 3. Contact Person’s Name 6.E-mail address EVALUATION, REVIEW AND SELECTION PROCESS Proposals to Remain Subject to Acceptance RFP/RFQ responses shall remain open for a period of sixty (60) calendar days from the stated submittal date. The owner will either award the Contract within the applicable time period or reject all proposals. The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days when the proposals of any respondents who consent thereto may, at the request of the owner, be held for consideration for such longer period as may be agreed. Rejection of Proposals The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is properly qualified to carry out the obligations of the RFP/RFQ and to complete the work contemplated therein. The owner reserves the right to waive any minor informality in the RFP/RFQ. In the event that all proposals are rejected, the Borough reserves the right to start the process over from the beginning and re-solicit proposals. If No Proposals Are Received If no proposals are received after conducting the Fair and Open Process, the Committee will make a recommendation for the appointment of a professional to the governing body as permitted in N.J.S.A. 40A:11-6.1(a)(b). Notwithstanding the above, all professionals receiving awards based on this sub- section must comply with the limitations on contributions improved in the Borough’s Pay to Pay Ordinances. Evaluation Process An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements, determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria. The highest-ranking respondent will then be recommended to the governing body for award of contract, based on price and other factors. Evaluation Criteria The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not meant to imply order of importance in the selection process. All criteria will be used to select the successful respondent. 1. Understanding of the Scope of Work a. Completeness responsive to the RFP/RFQ b. Compliance with instructions & requests c. Demonstrates clear understanding of Scope of Work 2. Knowledge and Technical Competence a. Suitability to perform the required tasks b. Technical processes & equipment c. Process(es) used to measure & assure the quality of service 3. Management, Experience and Personnel Qualifications a. Project management team & their qualifications b. Education & training of employees c. Additional resources available d. Record of reliability & quality of service e. Experience performing similar work f. References – as required in RFP 4. Cost a. Explanation of costs (on Cost Sheet) b. Cost comparison c. Miscellaneous additional services costs Term of Contract: January 1, 2026 – December 31, 2026 The Professional Services Committee will select the vendor(s) deemed most advantageous to the Borough, price and other factors considered. The Professional Services Committee’s selection is subject to the Mayor’s approval. Thereafter, the Mayor’s recommendation shall be forwarded to the governing body for approval. Once approved by the governing body by resolution, the contract between the Borough and the selected vendor(s) shall be prepared. All awards are subject to availability of funds. Notice of Award The successful respondent will be notified of the award of contract upon a favorable decision by the governing body. The Purchasing Agent may then send a Purchase Order/Voucher to the bidder. Open Public Records Act (OPRA) All documents/information, except for OPRA’s Exemptions from Disclosure, submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. Any information deemed proprietary or confidential by vendor MUST be disclosed as such to the Borough. If not properly disclosed as proprietary or confidential information, said information will be made available to the general public as required by the New Jersey Open Public Records Act. Please refer to the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. for a list of exceptions under the law. --- Document: 2026 Engineer RFP Specs --- 1 BOROUGH OF HIGHLANDS 2026 ENGINEER PROPOSALS PROFESSIONAL SERVICES CONTRACTS TO BE AWARDED BY ESTABLISHED QUALIFICATION CRITERIA FOR: ● MUNICIPAL ENGINEER ● LANDUSE BOARD ENGINEER ● CONFLICT ENGINEER Notice is hereby given that sealed proposals addressed to Borough Administrator, will be received up to 11:00am prevailing time on November 25, 2025, at which time they will be publicly opened and read by the Borough of Highlands, at the Municipal Building, 151 Navesink Ave., Highlands, New Jersey 07732. Specifications and other bid information may be obtained at the Borough Office at 151 Navesink Ave., Highlands, NJ during normal business hours 8:30am – 4:30pm or online at www.highlandsnj.gov. Bids must be made on the proposal forms included with the bid specification, be enclosed in a sealed package bearing the name and address of the bidder and “BID TITLE, NAME” on the outside, addressed to Michael Muscillo, at the address above. Pursuant to N.J.S.A. 40A:11-23c, addenda may be issued for proposals. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. Copies of addenda or notice of same will be made available on the Borough website. It is recommended that all bidders who download specifications from the website to check prior to bid opening to see if any addenda have been issued. The Borough of Highlands is soliciting proposals through a fair and open process in accordance with N.J.S.A. 19:44A- 20.4 et seq., P.L. 2004 Chapter 19 (as amended by P.L. 2005, c.51), Highlands Borough is soliciting Requests for Proposal/Statements of Qualification for Bidders for professional service position appointments. All reportable contributions to any Highlands Borough candidate for Mayor or Borough Council or officeholder of political committee are required to be reported pursuant to N.J.S.A. 19:44A-1, et seq. Responses to the above referenced professional Engineer positions should address the general criteria and mandatory minimum criteria for each engineer position sought. All responses will be treated as confidential and reviewed only by the Administrator and Governing Body, unless otherwise required by law. EACH engineer specialty requires one (1) original with original signatures marked “ORIGINAL,” and two (2) flash drives containing exact copy of the original submission. One (1) or more Engineer(s) within each specialty may be awarded a one (1) year contract. Appointments shall be for the calendar year 2026. Price and other factors considered. As used herein, the term Borough shall include all Highlands Borough Departments, Boards, Commissions, and affiliated agencies. The Borough Council reserves the right to reject any and all proposals in whole or in part and to waive such informalities as may be permitted by law. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq., Affirmative Action requirements, N.J.S.A. 19:44A-20.4 et seq., P.L. 2004, Chapter 19 (as amended by P.L. 2005, c.51) Michael Muscillo Borough Administrator November 3, 2025 2 1. INTRODUCTION The Borough of Highlands (hereinafter the “Borough”) is soliciting proposals from qualified firms interested in performing the duties and functions for the enclosed Engineer specialties and intends to award professional services contract for the defined scope of work in accordance with N.J.S.A. 19:44A-20.4 et seq. (Fair and Open process). One (1) or more Engineer(s) will be awarded a one (1) year contract. Each specialty applied for MUST have its own submission with all required documents. One submission noting several specialties WILL NOT be accepted. Appointments shall be for the calendar year of 2026, price and other factors considered. As used herein, the term “Borough” shall include all Highlands Borough Departments, Boards, Commissions and affiliated 2. ADMINISTRATIVE CONDITIONS AND REQUIREMENTS The following items express the administrative conditions and requirements of this RFP/RFQ. Together with the other RFP/RFQ sections, they will apply to the RFP/RFQ process, the subsequent contract, and project production. Any proposed change, modification, or exception to these conditions and requirements may be the basis for the Borough, hereinafter referred to as owner, to determine the proposal as non-responsive to the RFP/RFQ and will be a factor in the determination of an award of a contract. The contents of the proposal of the successful Respondent, as accepted by the owner, will become part of any contract awarded as a result of this RFP/RFQ. 2.1 Proposal Submission Information Submission Date and Time: November 25, 2025, 11:00 AM prevailing time. The applicant/proposer shall submit one (1) original with original signatures marked ‘ORIGINAL” and two (2) flash drives containing exact copies of the original submission for EACH specialty bid. Submission Office: Borough of Highlands/RFP [Specify: Municipal Engineer, Land Use Board Engineer, or Conflict Engineer] Borough Administrator 151 Navesink Ave. Highlands, NJ 07732 Clearly mark the submittal package with the title of this RFP/RFQ [Specialty] Engineer and the name of the responding firm, addressed to the Borough Administrator. The original proposal shall be marked to distinguish it. Only those RFP/RFQ responses received prior to or on the submission date will be considered. Any submission(s) received after the specified time and location will be returned unopened. Responses delivered before the submission date and time specified above may be withdrawn upon written application of the respondent who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the proposal. After the submission date and time specified above, responses must remain firm for a period of sixty (60) days. 2.2 Interpretations and Addenda Bidders are expected to examine the RFP/RFQ with care and observe all its requirements. All questions about the meaning or intent of this RFP/RFQ, all interpretations and clarifications considered necessary by the Borough’s representative in response to such comments and questions will be issued by Addenda. Only comments and questions responded to by formal written Addenda will be binding. Questions may be emailed to mmuscillo@highlandsnj.gov. Oral interpretations, statements or clarifications are without legal effect. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. If bidders download a Bid/RFP/RFQ from the website, it is the responsibility of the person submitting the bid to check prior to the bid opening to see if addenda have been issued. Copies of addenda or notice of same will be made available on the Borough website. 3 2.3 Assign, Sublet or Transfer Any Rights/Interests Neither the owner nor the Bidder shall assign, sublet, or transfer any rights or interests in this Agreement without the prior written consent of the other party. Unless specifically stated to the contrary, in writing, prior to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to any other than the owner and the Bidder. 2.4 Cost Liability and Additional Costs The owner assumes no responsibility and liability for costs incurred by the Respondents prior to the issuance of any/all agreements. The liability of the owner shall be limited to the terms and conditions of the contract. Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional charges, unless incurred for additional work performed by request of the owner, are not to be billed and will not be paid. 2.5 Statutory and Other Requirements a. Compliance with Laws Any contract entered into between the Bidder and the Borough must be in accordance with and subject to compliance by both parties with the New Jersey Local Public Contracts Law. The Bidder must agree to comply with the non- discrimination provisions and all other laws and regulations applicable to the performance of services thereunder. The Bidder shall sign and acknowledge such forms and certificates as may be required by this section. b. Mandatory EEO/Affirmative Action Compliance No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed. c. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the delivery of services is prohibited. Bidders are required to read American with Disabilities language that is part of the documents attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The Bidder is obligated to comply with the Act and hold the Borough harmless. d. Ownership Disclosure An Ownership Disclosure Statement is required to be submitted with each bid. This mandatory form is provided as part of the bid documents. FAILURE TO INCLUDE A COMPLETED OWNERSHIP DISCLOSURE STATEMENT WITH EACH BID SHALL RESULT IN THE REJECTION OF THE BID. e. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of this RFP/RFQ, shall be properly executed and submitted with the RFP/RFQ response. This form is provided as part of the bid documents. f. NJ Business Registration Certificate A New Jersey Business Registration Certificate is required pursuant to C57, PL2004; failure to be registered by time of contract award may be cause for rejection. Entities or individuals that need to file for a certificate may do so on-line through the NJ Division of Local Government Services at the following link: http://www.state.nj.us/treasury/revenue/busregcert.shtml. g. Disclosure of Investment Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons 4 or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). The form is included as part of the bid documents. h. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity that seeks to enter into or renew a contract with a State Agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete a certification indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If Highlands finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. This form is included as part of the bid documents. i. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27) (1) Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website. (2) Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year. (3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us. (4) If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or 609-292-8700. j. Insurance and Indemnification If it becomes necessary for the Bidder, either as principal or by agent or employee, to enter upon the premises or property of the Borough in order to construct, erect, inspect, make delivery or remove property hereunder, the Bidder hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. The Bidder further covenants and agrees to indemnify and save harmless the Borough from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Borough regulation, ordinance or the laws of the State, or the United States while said work is in progress. The Bidder shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. Successful bidder will indemnify and hold harmless the Borough from all claims, suits or actions and damages or costs of every name and description to which the Borough may be subjected or put by reason of injury to the person or property of another, or the property of the Borough, resulting from negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or sub-contractors in the delivery of materials and supplies, or in the performance of the work under this agreement. 5 Certificates of the Required Insurance Certificates as listed below shall be submitted along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the Borough as an additional insured. Insurance/Background Checks The Bidder is responsible to conduct adequate background checks on all employees and/or sub-contractors working at Borough facilities. Consultants and/or sub-contractors must be bonded, show proof of insurance coverage naming the Borough as an additional insured, and workers’ compensation insurance. Insurance Requirements The Bidder shall maintain during the life of the contract, insurance policies of the type and with the minimum limits indicated below and, in a form, satisfactory to the Borough. The Bidder shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the municipality prior to commencement of work. 1. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer’s Liability is $500,000.00. 2. General Liability Insurance This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 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 this contract by the bidder. 3. Automobile Liability Insurance This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $1,000,000.00 each accident for property damage, shall be maintained in force during the life of this contract by the bidder. 4. Professional Liability This insurance shall be maintained in force during the life of this contract by the bidder covering claims arising from errors and omissions/malpractice from its representation of the municipality with limits of not less than $1,000,000.00 per occurrence. Per GFOA, level of malpractice insurance carried, including deductible amount to cover Errors & Omissions (E&O) improper judgments and negligence. k. HIPAA (if applicable) Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (‘HIPAA”) as may be amended from time to time and the corresponding HIPAA regulations for the confidentiality and security of medical information. The Bidder shall: Not use or disclose protected health information other than as permitted or required by law. Use appropriate safeguards to protect the confidentiality of the information. Report any use or disclosure not permitted. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. 6 l. Proof of Licensure Proof of licensure for providing Professional Services in the State of New Jersey, for either the firm or the person responsible for the work, shall be provided as required. m. Public Emergency In the event of a Public Emergency declared at the Local, State or Federal Level, if the Borough opts to extend terms and conditions of this RFP/RFQ, the Bidder agrees to extend the terms and conditions of this RFP/RFQ, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original Bidder cannot meet this requirement, the Borough may solicit the goods and/or services from any respondent on this contract. n. Multiple Proposals Not Accepted More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered. o. Failure to Enter Contract Should the Bidder, to whom the contract is awarded, fail to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, the Borough may then, at its option, accept the proposal of another Bidder. p. Commencement of Work The Bidder agrees to commence work on January 1, 2026. q. Termination of Contract If, through any cause, the Bidder shall fail to fulfill in a timely and proper manner obligations under the Contract or if the Bidder violates any requirements of the Contract, the Borough shall thereupon have the right to terminate the Contract by giving written notice to the Bidder of such termination at least thirty (30) days prior to the proposed effective date of the termination. Such termination shall relieve the Borough of any obligation for the balances to the Bidder of any sum or sums set forth in the Contract. The Bidder agrees to indemnify and hold the Borough harmless from any liability to sub-contractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Contract by the Borough under this provision. In case of default by the Bidder, the Borough may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. r. Non-Allocation of Funding Termination Each calendar year payment obligation of the Borough is conditioned upon the availability of Borough funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Bidder hereunder, whether in whole or in part, the Borough at the end of any particular calendar year may terminate such services. The Borough will notify the Bidder in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Borough to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party Bidder. s. Challenge of Specifications Any Bidder who wishes to challenge a specification shall file such challenge in writing with the Purchasing Agent no less than three (3) business days prior to the opening of the RFP/RFQ’s. Challenges filed after that time shall be considered void and having no impact on the Borough or the award of contract. t. Payment Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the Proposal Cost Form. 7 Payment will be made within sixty (60) days or less provided the Bidder returns signed purchase order with original signature and original invoice within specified time period. The Borough may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following: 1. Deliverables not complying with the project specification; 2. Claims filed or responsible evidence indicating probability of filing claims; 3. A reasonable doubt that the Contract can be completed for the balance then unpaid. When the above grounds are removed, payment shall be made for amounts withheld because of them. u. Non-payment of Penalties and Interest on Overdue Bills Public funds may be used to pay only for goods delivered or services rendered. The Borough will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Borough to pay additional fees. A purchase order must be signed for payment to be made. v. Availability of Funds Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually w. Ownership of Material The Borough shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the Borough to the Bidder for the purpose of assisting the Bidder in the performance of this contract. All such items shall be returned immediately to the Borough at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the Borough, be disclosed to others or used by the Bidder or permitted by the Bidder to be used by their parties at any time except in the performance of the resulting contract. Ownership of all data, materials and documentation originated and prepared for the Borough pursuant to this contract shall belong exclusively to the Borough. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the Borough upon completion of the project. The Bidder shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the Borough. All information supplied to the Borough may be required to be supplied on CD-ROM media compatible with the Borough’s computer operating system, windows based, Microsoft Office Suite 2007 or greater. x. Altering Official Document Bidders shall not write in any margins or alter the official content of Borough’s document. y. W-9 Successful Bidder shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf z. Best Practices The awarded Engineer(s) will adhere to the best practices described in the Office of the Comptroller’s Report on municipal legal services. 8 aa. Conflict of Interest Indicate and disclose below any potential conflicts of interest that the Engineer(s) may have in performing these services for the Borough of Highlands. Conflict of Interest Yes __________ No _________ If answered “yes”, please explain below or on separate sheet(s) _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 2.6 Representations The Bidder hereby represents as follows: (a) The Bidder is financially solvent, able to pay its debts as they become due and possessed of sufficient working capital to complete the services required and perform its obligations under this Agreement. (b) The Bidder is able to furnish the workplace, tools, materials, supplies, equipment and labor necessary to complete the Services and perform all of its obligations under the Contractual Documents, and has sufficient experience and competence to do so. (c) The Bidder is authorized to do business in the State of New Jersey and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Bidder and the Services it will be performing. (d) The Bidder’s execution of and performance under this Agreement are within its duly authorized powers. (e) The Bidder certifies that it has satisfied itself, from its own investigation, of the conditions to be met, and that it fully understands its obligations and agrees that it will not make any Claim for, or have right to, cancellation or relief from the Contractual Documents without penalty because of its misunderstanding or lack of information. (f) The Bidder certifies that all representations made by it in any of the Contractual Documents are true, subject to penalty of law. The Bidder understands and agrees that its knowing or intentional violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact may be cause for termination of this Agreement. The Bidder understands and agrees that the Bidder’s violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact shall serve as a legal bar to the Bidder’s enforcement of its rights under the Contractual Documents, including any and all Claims at law or equity. (g) The Bidder and any firm it has subcontracted has provided to the Authority proof of valid business registration with the Division of Revenue of the New Jersey Department of the Treasury, pursuant to L. 2001, c. 134, as set forth in Appendix E, and the Bidder shall not enter into any subcontract with a firm that has not provided it and the Authority with proof of such valid business registration. 9 MUNICIPAL ENGINEER PERIOD OF CONTRACT This contract shall be for the 2026 calendar year. DESCRIPTION OF REQUIRED SERVICES – MUNICIPAL ENGINEER: Borough of Highlands desires to appoint a firm to provide consulting municipal engineering services to Borough. Applicants should demonstrate knowledge and experience with respect to all aspects of engineering services and/or land use regulations required by a municipal entity. Any experience or knowledge of matters that directly affect Borough of Highlands should be addressed. MANDATORY MINIMUM REQUIREMENTS: The proposal submitted by the Respondent must meet or exceed the professional, administrative and financial qualifications and requirements as set forth in the RFP/RFQ and shall incorporate the information requested below. A Respondent may submit supplemental information that it feels may be useful in evaluating its proposal. Respondents are encouraged to be clear, factual, and concise in their presentation of information. 1. Must be certified to provide engineering services in the State of New Jersey. 2. Must have a minimum of ten (10) years’ experience in providing consulting engineering services to municipalities including demonstrated experience with road programs, drainage improvement projects, sanitary sewer projects, utility upgrades and replacement, public building improvements, recreational facilities, land surveying and mapping projects. 3. Must be experienced in obtaining permits and approvals from various state, county and local regulatory agencies with specific experience related to redevelopment and land use preferred. 4. Must maintain a staff of New Jersey licensed or certified professionals sufficient to service Borough of Highlands including, but not limited to: civil engineers, land surveyors, planners, environmental scientists and construction administrators. 5. Please list office location. Must be able to respond to emergent matters promptly. 6. Must be experienced in the preparation of grant applications. 7. Must have project managers with at least ten (10) years of municipal experience. 8. Must list past and present municipalities served as Engineer. 9. Schedule of hourly rates for engineer(s) and support staff. The fee proposal at the end of this section must be completed as outlined or the proposal will be rejected. 10 LAND USE BOARD ENGINEER PERIOD OF CONTRACT This contract shall be for the 2026 calendar year. DESCRIPTION OF REQUIRED SERVICES – LAND USE BOARD ENGINEER: Borough of Highlands and its Land Use Board desires to appoint a firm to provide consulting engineering services to Borough of Highlands. Applicants should demonstrate knowledge and experience with respect to all aspects of engineering services and land use regulations required by a municipal entity. Any experience or knowledge of matters that directly affect Borough of Highlands should be addressed. MANDATORY MINIMUM REQUIREMENTS The proposal submitted by the Respondent must meet or exceed the professional, administrative and financial qualifications and requirements as set forth in the RFP/RFQ and shall incorporate the information requested below. A Respondent may submit supplemental information that it feels may be useful in evaluating its proposal. Respondents are encouraged to be clear, factual, and concise in their presentation of information. 1. Must be certified to provide engineering services in the State of New Jersey. 2. Schedule of hourly rates for Land Use Board Engineer(s) and support staff. The fee proposal at the end of this section must be completed as outlined or the proposal will be rejected. 3. Must have a minimum of five (5) years’ experience in providing Land Use Board engineering services to municipalities. 4. Must be experienced in obtaining permits and approvals from various state, county and local regulatory agencies with specific experience related to redevelopment and land use preferred. 5. Must maintain a staff of New Jersey licensed or certified professionals sufficient to service Borough of Highlands including, but not limited to: civil engineers, land surveyors, planners, landscape architects, environmental scientists and construction administrators. 6. Must list past and present municipalities served as Land Use Board Engineer. 7. Please list office address. Must be able to respond to emergent matters promptly. 8. Key personnel must be able to attend bi-monthly work sessions, site visits and Board meetings, as necessary. 9. Ability to advise Board members and staff with respect to how the application complies with local ordinances, state law, DEP regulations. Must have a working knowledgeable of Stormwater Management Act, Municipal Land Use Law, NJDOT access management, and similar state laws. 10. Training and/or certification in Context Sensitive Design, Low Impact Development (LID), U.S. Green Building LEED-AP is favorable, but not required. STANDARDS FOR DELIVERABLES 1. Except for appendices, all reports are to be presented for ease of readability by the average citizen; include charts, graphs and other graphics as appropriate. 2. All Board reports should be provided in both paper and digital format (PDF). 11 CONFLICT ENGINEER PERIOD OF CONTRACT This contract shall be for the 2026 calendar year. DESCRIPTION OF REQUIRED SERVICES – CONFLICT ENGINEER: Borough of Highlands desires to appoint a firm to provide consulting engineering services to Borough of Highlands. Applicants should demonstrate knowledge and experience with respect to all aspects of engineering services and land use regulations required by a municipal entity. Any experience or knowledge of matters that directly affect Borough of Highlands should be addressed. MANDATORY MINIMUM REQUIREMENTS The proposal submitted by the Respondent must meet or exceed the professional, administrative and financial qualifications and requirements as set forth in the RFP/RFQ and shall incorporate the information requested below. A Respondent may submit supplemental information that it feels may be useful in evaluating its proposal. Respondents are encouraged to be clear, factual, and concise in their presentation of information. 1. Must be certified to provide engineering services in the State of New Jersey. 2. Schedule of hourly rates for Engineer(s) and support staff. The fee proposal at the end of this section must be completed as outlined or the proposal will be rejected. 3. Must have a minimum of five (5) years’ experience in providing Engineering services to municipalities. 4. Must be experienced in obtaining permits and approvals from various state, county and local regulatory agencies with specific experience related to municipal, redevelopment and land use preferred. 5. Must maintain a staff of New Jersey licensed or certified professionals sufficient to service Borough of Highlands including, but not limited to: civil engineers, land surveyors, planners, landscape architects, environmental scientists and construction administrators. 6. Must list past and present municipalities served as Consulting Engineer. 7. Please list office address. Must be able to respond to emergent matters promptly. 8. Key personnel must be able to attend bi-monthly work sessions, site visits and Board meetings, as necessary. 9. Ability to advise Board members and staff with respect to how the application complies with local ordinances, state law, DEP regulations. Must have a working knowledgeable of Stormwater Management Act, Municipal Land Use Law, NJDOT access management, and similar state laws. 10. Training and/or certification in Context Sensitive Design, Low Impact Development (LID), U.S. Green Building LEED-AP is favorable, but not required. STANDARDS FOR DELIVERABLES 1. Except for appendices, all reports are to be presented for ease of readability by the average citizen; include charts, graphs and other graphics as appropriate. 2. All Board reports should be provided in both paper and digital format (PDF). 12 PROPOSAL REQUIREMENTS Fee Proposal to Provide the Services Outlined Above This fair and open process proposal is for the Request for Proposal/Request for Qualifications. Contract award(s) shall be made with reasonable promptness by written notice to that responsible bidder(s), whose bid proposal(s), conforming to this RFP/RFQ, is (are) most advantageous to the Borough, price, and other factors considered. Qualification Statement and Proposal Respondents are requested to submit a Qualification Statement and Proposal for EACH category in which they are interested. The Qualification Statement and Proposal for EACH category must contain all requirements of the RFP/RFQ and the following information. 1. A statement that your firm is interested in performing the work described in this RFP/RFQ. 2. The address of the office in which the work will be performed. 3. The name and title of the individuals who will be assigned to the project(s). 4. A narrative demonstrating your understanding of all work necessary. The narrative must detail your firm’s particular ability to perform the type of work. The narrative must indicate the experience of your firm/staff for the type of work involved for the categories your firm is preparing a response. The narrative should address the ability of your firm to complete the required work in a professional and cost-effective manner. 5. Resumes of key personnel must be submitted along with your firms’ proposals. Each resume shall be a maximum of two, single sided, 8 ½ “x 11” sheets in length and must highlight education, professional credentials, and work performance on projects similar to that described in this RFP/RFQ. A resume of the primary partner, as well as the resume(s) of key personnel must be included. 6. It is anticipated that the Borough will require monthly itemized statements for all services and will subject these statements to audit at least annually. Describe how your firm would provide for this reporting. 7. Please submit an example of a typical invoice your firm provides to a public agency. Fee Schedule Respondents shall submit a proposed hourly rate fee schedule for the period of January 1, 2026 through December 31, 2026. Any fee or cost not specified in your proposal is to be included within the hourly fee proposed. Advise if a retainer is part of the rate fee. The fee proposal at the end of this section MUST be completed as outlined or the proposal will be rejected. Failure of this requirement will deem multiple considerations void. References Please provide a list of (3) three clients for whom similar services have been provided. Include the following in your response: 1. Name of Client 4.Contact Person’s 7. Dates Worked 2. Address of Client 5.Telephone Number 3. Contact Person’s Name 6.E-mail address EVALUATION, REVIEW AND SELECTION PROCESS Proposals to Remain Subject to Acceptance RFP/RFQ responses shall remain open for a period of sixty (60) calendar days from the stated submittal date. The owner will either award the Contract within the applicable time period or reject all proposals. The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days when the proposals of any respondents 13 who consent thereto may, at the request of the owner, be held for consideration for such longer period as may be agreed. Rejection of Proposals The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is properly qualified to carry out the obligations of the RFP/RFQ and to complete the work contemplated therein. The owner reserves the right to waive any minor informality in the RFP/RFQ. In the event that all proposals are rejected, the Borough reserves the right to start the process over from the beginning and re-solicit proposals. If No Proposals Are Received If no proposals are received after conducting the Fair and Open Process, the Committee will make a recommendation for the appointment of a professional to the governing body as permitted in N.J.S.A. 40A:11-6.1(a)(b). Notwithstanding the above, all professionals receiving awards based on this sub- section must comply with the limitations on contributions improved in the Borough’s Pay to Pay Ordinances. Evaluation Process An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements, determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria. The highest-ranking respondent will then be recommended to the governing body for award of contract, based on price and other factors. Evaluation Criteria The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not meant to imply order of importance in the selection process. All criteria will be used to select the successful respondent. 1. Understanding of the Scope of Work a. Completeness responsive to the RFP/RFQ b. Compliance with instructions & requests c. Demonstrates clear understanding of Scope of Work 2. Knowledge and Technical Competence a. Suitability to perform the required tasks b. Technical processes & equipment c. Process(es) used to measure & assure the quality of service 3. Management, Experience and Personnel Qualifications a. Project management team & their qualifications b. Education & training of employees c. Additional resources available d. Record of reliability & quality of service e. Experience performing similar work f. References – as required in RFP 4. Cost a. Explanation of costs (on Cost Sheet) b. Cost comparison c. Miscellaneous additional services costs Term of Contract: January 1, 2026 – December 31, 2026 The Professional Services Committee will select the vendor(s) deemed most advantageous to the Borough, price and other factors considered. The Professional Services Committee’s selection is subject to the Mayor’s approval. Thereafter, the Mayor’s recommendation shall be forwarded to the governing body for approval. Once approved by the governing body by resolution, the contract between the Borough and the selected vendor(s) shall be prepared. 14 All awards are subject to availability of funds. Notice of Award The successful respondent will be notified of the award of contract upon a favorable decision by the governing body. The Purchasing Agent may then send a Purchase Order/Voucher to the bidder. Open Public Records Act (OPRA) All documents/information, except for OPRA’s Exemptions from Disclosure, submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. Any information deemed proprietary or confidential by vendor MUST be disclosed as such to the Borough. If not properly disclosed as proprietary or confidential information, said information will be made available to the general public as required by the New Jersey Open Public Records Act. Please refer to the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. for a list of exceptions under the law. --- Document: 2026 Auditor RFP Specs --- BOROUGH OF HIGHLANDS COUNTY OF MONMOUTH STATE OF NEW JERSEY REQUEST FOR PROPOSAL & QUALIFICATIONS FOR BOROUGH AUDITOR Sealed proposals will be received by the Borough Administrator of the Borough of Highlands, New Jersey and opened and read in public in the Municipal Office at 151 Navesink Ave., Highlands, New Jersey 07732, on November 25, 2025, at 11:00am prevailing local time. Request for Proposal/Qualifications from Auditing Firms interested in serving as Borough Auditor to the Borough of Highlands for the period January 1, 2026 through December 31, 2026 for the Calendar Year 2026. Successful applicants will be required to comply with requirements of N.J.S.A. 30:5-33, et seq. (N.J.A.C. 37:27), Equal Employment Opportunity, N.J.S.A. 52:32-44, et. seq., New Jersey Business Registration, N.J.S.A. 10:5-31Affirmative Action. All Addenda will be posted on the website www.highlandsnj.gov. Therefore, all interested respondents should check the website from now through the date due. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to the procurement. Respondents shall comply with the said requirements. The Borough of Highlands reserves the right to reject any and or all proposals if it is deemed to be in the best interest of the Borough of Highlands to do so. The Borough of Highlands also reserves the right to conduct interviews of any and or all applicants, as it deems necessary. By order of the Mayor and Council of the Borough of Highlands. Michael Muscillo Borough Administrator November 3, 2025 INTRODUCTION Pursuant to the Fair and Open Process established by N.J.S.A. 39:44A-3, et. Seq., the Borough seeks Requests for Proposal (“RFP”) from AUDITING firms licensed to practice in the State of New Jersey that wish to serve as Borough AUDITOR for the Borough of Highlands. The successful firm must have significant experience in representing New Jersey public entities in the capacity as a municipal auditor. The successful auditing firm will provide the following services: The Borough Auditor must be a firm in the State of New Jersey and shall provide all necessary and desirable auditing services and advice requested by the Borough. Including, but not limited to the Municipal Audit, AFS, Debt Statement and assistance with budget preparations, as well as having a strong background in Hurricane Sandy Storm municipal programs/issues. 1. Hourly rate of Auditor and Associates and any other charges for services. 2. Break down of billing method. 3. Total Cost of Audit PROFESSIONAL INFORMATION AND QUALIFICATIONS Each interested Auditor shall submit the following information: 1. Name of auditor and auditing firm in which auditor is associated; 2. Address of principal place of business and all auditor’s offices and corresponding telephone and fax numbers. 3. Areas of Practice; 4. Description of auditor’s education, experience, qualifications, number of years with the current firm and a descriptive narrative of their experience with projects similar to those required herein; 5. Experience related to representation of Municipalities and other public entities; 6. At least three (3) references, of which must have knowledge of your representation of a public entity; 7. Examples of your record of auditing municipalities; 8. The auditor’s ability to provide the services in a timely fashion and availability for appearances on behalf of the Borough (including staffing, familiarity and location of key staff); 9. Any other information which the interested auditor deems relevant; 10. A copy of your New Jersey Business Registration Certificate; 11. A completed Non-Collusion form (attached). 12. A completed Affirmative Action form (attached) 13. A completed Americans with Disabilities form (attached) SELECTION CRITERIA The selection criteria used in awarding a contract or agreement for professional services as described herein shall include: 1. Qualifications of the individual who will perform the tasks and the amounts of their respective participation; 2. Experience and references; 3. Ability to perform the task in a timely fashion and availability for appearances on behalf of the Borough, including staffing and familiarity with the subject matter; and 4. Cost effectiveness. SUBMISSION REQUIREMENTS Responses to this RFP must be delivered in a sealed envelope bearing the title and received no later than November 25, 2025, at 11:00am prevailing local time to: Borough Administrator, RFP Auditor Borough of Highlands 151 Navesink Ave. Highlands, New Jersey 07732 INSTRUCTIONS TO VENDORS AND STATUTORY REQUIREMENTS SUBMISSION OF RFP’s / PROPOSALS 1. Sealed proposals shall be received by the contracting unit, hereinafter referred to as “Borough,” in accordance with public advertisement as required by law, with a copy of the notice being attached hereto and made a part of the Scope of Services. 2. Sealed proposals will be received by the location at the time and location as stated in the Notice to Vendors. 3. The proposal(s) shall be submitted in a sealed envelope: (1) addressed to the Borough Administrator, (2) bearing the name and address of the Vendor written on the face of the envelope, and (3) clearly marked "SEALED RFP" with the contract title, “Borough Auditor RFP 2026”. There shall be one (1) signed original, and two (2) flash drives with copy of the proposal submitted. 4. It is the Vendor's responsibility that proposals are presented to the Borough at the time and at the place designated. RFP’s may be hand delivered or mailed; however, the Borough disclaims any responsibility for RFP’s forwarded by regular or overnight mail. If the proposal is sent by express mail service, the designation in sub-section 3, above, must also appear on the outside of the express mail envelope. Proposals received after the designated time and date will be returned unopened. 5. Sealed RFP’s forwarded to the Borough before the time of opening of RFP’s may be withdrawn upon written application of the Vendor who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the proposal. Once RFP’s have been opened, they shall remain firm for a period of sixty (60) calendar days. 6. The entire proposal section of the RFP package is to be returned completed. All RFP’s must be made upon the proposal forms attached hereto and should give the unit price in figures and the total price for the work, both in words and in figures, and must be signed and acknowledged by the Vendor, in accordance with the directions in the Proposal. All prices and amounts must be written in ink or preferably machine-printed on the forms provided only. Proposals containing any conditions, omissions, unexplained erasures or alterations, items not called for in the proposal form, attachment of additive information not required by the Scope of Services, or irregularities of any kind, may be rejected by the Borough. Any changes, whiteouts, strikeouts, etc. in the RFP’s proposal must be initialed in ink by the person signing the proposal. 7. Each proposal form must give the full business address, business phone, fax, e-mail if available, the contact person of the Vendor, and be signed by an authorized representative as follows: Proposals by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. Proposals by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter. Proposals by sole-proprietorship shall be signed by the proprietor. When requested, satisfactory evidence of the authority of the officer signing shall be furnished. 8. Vendor should be aware of the following statutes that represent “Truth in Contracting” laws: N.J.S.A. 2C:21-34, et seq. governs false claims and representations by Vendors. It is a serious crime for the Vendor to knowingly submit a false claim and/or knowingly make material misrepresentation. N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty. N.J.S.A. 2C:27-11 provides that a Vendor commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant. Vendor should consult the statutes or independent legal counsel for further information. INTERPRETATION AND ADDENDA 1. The Vendor understands and agrees that its proposal is submitted on the basis of the RFP’s prepared by the Borough. The Vendor accepts the obligation to become familiar with the Scope of Services. 2. Vendors are expected to examine the Scope of Services and related proposal documents with care and observe all their requirements. Ambiguities, errors or omissions noted by Vendors should be promptly reported in writing to the appropriate official. Any prospective Vendor who wishes to challenge a proposal’s Scope of Services shall file such challenges in writing with the contracting agent no less than three (3) business days prior to the opening of the proposals. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event the Vendor fails to notify the Borough of such ambiguities, errors or omissions, the Vendor shall be bound by the requirements of the Scope of Services and the Vendor’s submitted proposal. 3. No oral interpretation and or clarification of the meaning of the Scope of Services will be made to any Vendor. Such request shall be in writing, addressed to the Borough’s finance department. In order to be given consideration, a written request must be received at least seven (7) business days prior to the date fixed for the opening of the proposal for goods and services. All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the RFP’s, and will be distributed to all prospective Vendors via the Borough’s website (www.highlandsnj.gov). All addenda so issued shall become part of the RFP and proposal documents and shall be acknowledged by the Vendor in the proposal. The Borough’s interpretations or corrections thereof shall be final. When issuing addenda, the Borough shall provide required notice prior to the official receipt of proposals to any person who has submitted a proposal or who has received a proposal package pursuant to N.J.S.A. 40A:11-23c.1. 4. Discrepancies in Proposals If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the Borough of the extended totals shall govern. PRICING INFORMATION FOR PREPARATION OF PROPOSALS 1. The Borough is exempt from any local, state or federal sales, use or excise tax. 2. The prices shall remain firm for the contract period(s). The prices shall include the delivery and furnishing of all materials, travel time, travel expenses, and the performance of all labor and services necessary for proper completion of the work, except such as may be otherwise expressly provided in the Contract Documents. 3. Vendor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All proposals submitted shall have included this cost. 4. Vendors shall insert prices for furnishing goods and services required by the Scope of Services. Prices shall be net, including any charges for shipping, handling, copying, compiling, packing, etc. All transportation charges shall be fully prepaid by the Vendor. The Borough shall not be responsible for delivery costs or travel costs of any type. STATUTORY AND OTHER REQUIREMENTS a. Compliance with Laws Any contract entered into between the Bidder and the Borough must be in accordance with and subject to compliance by both parties with the New Jersey Local Public Contracts Law. The Bidder must agree to comply with the non-discrimination provisions and all other laws and regulations applicable to the performance of services thereunder. The Bidder shall sign and acknowledge such forms and certificates as may be required by this section. b. Mandatory EEO/Affirmative Action Compliance No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed. c. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the delivery of services is prohibited. Bidders are required to read American with Disabilities language that is part of the documents attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The Bidder is obligated to comply with the Act and hold the Borough harmless. d. Ownership Disclosure An Ownership Disclosure Statement is required to be submitted with each bid. This mandatory form is provided as part of the bid documents. FAILURE TO INCLUDE A COMPLETED OWNERSHIP DISCLOSURE STATEMENT WITH EACH BID SHALL RESULT IN THE REJECTION OF THE BID. e. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of this RFP/RFQ, shall be properly executed and submitted with the RFP/RFQ response. This form is provided as part of the bid documents. f. NJ Business Registration Certificate A New Jersey Business Registration Certificate is required pursuant to C57, PL2004; failure to be registered by time of contract award may be cause for rejection. Entities or individuals that need to file for a certificate may do so on-line through the NJ Division of Local Government Services at the following link: http://www.state.nj.us/treasury/revenue/busregcert.shtml. g. Disclosure of Investment Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). The form is included as part of the bid documents. h. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity that seeks to enter into or renew a contract with a State Agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete a certification indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If Highlands finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. This form is included as part of the bid documents. i. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27) (1) Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website. (2) Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year. (3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us. (4) If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or 609- 292-8700. j. Insurance and Indemnification If it becomes necessary for the Bidder, either as principal or by agent or employee, to enter upon the premises or property of the Borough in order to construct, erect, inspect, make delivery or remove property hereunder, the Bidder hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. The Bidder further covenants and agrees to indemnify and save harmless the Borough from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Borough regulation, ordinance or the laws of the State, or the United States while said work is in progress. The Bidder shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. Successful bidder will indemnify and hold harmless the Borough from all claims, suits or actions and damages or costs of every name and description to which the Borough may be subjected or put by reason of injury to the person or property of another, or the property of the Borough, resulting from negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or sub-contractors in the delivery of materials and supplies, or in the performance of the work under this agreement. Certificates of the Required Insurance Certificates as listed above shall be submitted along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the Borough as an additional insured. Insurance/Background Checks The Bidder is responsible to conduct adequate background checks on all employees and/or sub- contractors working at Borough facilities. Consultants and/or sub-contractors must be bonded, show proof of insurance coverage naming the Borough as an additional insured, and workers’ compensation insurance. Insurance Requirements The Bidder shall maintain during the life of the contract, insurance policies of the type and with the minimum limits indicated below and, in a form, satisfactory to the Borough. The Bidder shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the municipality prior to commencement of work. 1. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer’s Liability is $500,000.00. 2. General Liability Insurance This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 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 this contract by the bidder. 3. Automobile Liability Insurance This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $1,000,000.00 each accident for property damage, shall be maintained in force during the life of this contract by the bidder. 4. Professional Liability This insurance shall be maintained in force during the life of this contract by the bidder covering claims arising from errors and omissions/malpractice from its representation of the municipality with limits of not less than $1,000,000.00 per occurrence. Per GFOA, level of malpractice insurance carried, including deductible amount to cover Errors & Omissions (E&O) improper judgments and negligence. k. HIPAA (if applicable) Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (‘HIPAA”) as may be amended from time to time and the corresponding HIPAA regulations for the confidentiality and security of medical information. The Bidder shall: Not use or disclose protected health information other than as permitted or required by law. Use appropriate safeguards to protect the confidentiality of the information. Report any use or disclosure not permitted. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. l. Proof of Licensure Proof of licensure for providing Professional Services in the State of New Jersey, for either the firm or the person responsible for the work, shall be provided as required. m. Public Emergency In the event of a Public Emergency declared at the Local, State or Federal Level, if the Borough opts to extend terms and conditions of this RFP/RFQ, the Bidder agrees to extend the terms and conditions of this RFP/RFQ, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original Bidder cannot meet this requirement, the Borough may solicit the goods and/or services from any respondent on this contract. n. Multiple Proposals Not Accepted More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered. o. Failure to Enter Contract Should the Bidder, to whom the contract is awarded, fail to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, the Borough may then, at its option, accept the proposal of another Bidder. p. Commencement of Work The Bidder agrees to commence work on January 1, 2026. q. Termination of Contract If, through any cause, the Bidder shall fail to fulfill in a timely and proper manner obligations under the Contract or if the Bidder violates any requirements of the Contract, the Borough shall thereupon have the right to terminate the Contract by giving written notice to the Bidder of such termination at least thirty (30) days prior to the proposed effective date of the termination. Such termination shall relieve the Borough of any obligation for the balances to the Bidder of any sum or sums set forth in the Contract. The Bidder agrees to indemnify and hold the Borough harmless from any liability to sub- contractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Contract by the Borough under this provision. In case of default by the Bidder, the Borough may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. r. Non-Allocation of Funding Termination Each calendar year payment obligation of the Borough is conditioned upon the availability of Borough funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Bidder hereunder, whether in whole or in part, the Borough at the end of any particular calendar year may terminate such services. The Borough will notify the Bidder in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Borough to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party Bidder. s. Challenge of Specifications Any Bidder who wishes to challenge a specification shall file such challenge in writing with the Purchasing Agent no less than three (3) business days prior to the opening of the RFP/RFQ’s. Challenges filed after that time shall be considered void and having no impact on the Borough or the award of contract. t. Payment Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the Proposal Cost Form. Payment will be made within sixty (60) days or less provided the Bidder returns signed purchase order and voucher with original signature and original invoice within specified time period. The Borough may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following: 1. Deliverables not complying with the project specification; 2. Claims filed or responsible evidence indicating probability of filing claims; 3. A reasonable doubt that the Contract can be completed for the balance then unpaid. When the above grounds are removed, payment shall be made for amounts withheld because of them. u. Non-payment of Penalties and Interest on Overdue Bills Public funds may be used to pay only for goods delivered or services rendered. The Borough will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Borough to pay additional fees. A purchase order must be signed for payment to be made. v. Availability of Funds Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually w. Ownership of Material The Borough shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the Borough to the Bidder for the purpose of assisting the Bidder in the performance of this contract. All such items shall be returned immediately to the Borough at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the Borough, be disclosed to others or used by the Bidder or permitted by the Bidder to be used by their parties at any time except in the performance of the resulting contract. Ownership of all data, materials and documentation originated and prepared for the Borough pursuant to this contract shall belong exclusively to the Borough. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the Borough upon completion of the project. The Bidder shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the Borough. All information supplied to the Borough may be required to be supplied on CD-ROM media compatible with the Borough’s computer operating system, windows based, Microsoft Office Suite 2007 or greater. x. Altering Official Document Bidders shall not write in any margins or alter the official content of Borough’s document. y. W-9 Successful Bidder shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf z. Best Practices The awarded Auditor(s) will adhere to the best practices described in the Office of the Comptroller’s Report on municipal legal services. aa. Conflict of Interest Indicate and disclose below any potential conflicts of interest that the Auditor(s) may have in performing these services for the Borough of Highlands. Conflict of Interest Yes __________ No _________ If answered “yes”, please explain below or on separate sheet(s) _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ METHOD OF CONTRACT AWARD The Borough reserves the right to conduct an interview or interviews with the prospective professional to discuss the scope of the professional services as outlined in the Bidder’s submission. Term of Contract: January 1, 2026 – December 31, 2026. The Professional Services Committee will select the Bidder(s) deemed most advantageous to the Borough, price and other factors considered. The Professional Services Committee’s selection is subject to the Mayor’s approval. Thereafter, the Mayor’s recommendation shall be forwarded to the governing body for approval. Once approved by the governing body by resolution, the contract between the Borough and the selected Bidder(s) shall be prepared. All awards are subject to availability of funds. CAUSES FOR REJECTING RFP’s /PROPOSALS Proposals may be rejected for any of the following reasons: 1. All proposals pursuant to N.J.S.A. 40A:11-13.2; 2. If more than one (1) proposal is received from an individual, firm or partnership, corporation or association under the same name; 3. Multiple proposals from an agent representing competing Vendors; 4. The proposal is inappropriately unbalanced; 5. The Vendor is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience; or, 6. If the successful Vendor fails to enter into a contract within seven (7) days, Sundays and holidays excepted, or as otherwise agreed upon by the parties to the contract. 7. If the mandatory forms are not received within the RFP Packet. ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC. 1. It is understood by all parties that if, during the life of the contract, the Vendor disposes of his/her business concern by acquisition, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original proposal/contract. Any change must be approved by the Borough. 2. The Vendor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the Borough. 3. The Borough may terminate the contract for convenience by providing 30 calendar days advance written notice to the Vendor. 4. If the successful Vendor and/or any of its employees and/or agents are required to be licensed and/or registered in order to perform the services which are the subject of this or any agreement thereof, then the agreement shall be terminated in the event that the appropriate governmental entity with jurisdiction has instituted an action to have the vendor’s license and/or registration suspended or revoked, or in the event that such entity has revoked or suspended said license or denied such registration. Notice of termination pursuant to this subparagraph shall be effective immediately upon the giving of said notice. OPEN PUBLIC RECORDS ACT (OPRA) All documents/information, except for OPRA’s Exemptions from Disclosure, submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. --- Document: 2026 Attorneys RFP Specs --- BOROUGH OF HIGHLANDS 2026 COUNSEL PROPOSALS PROFESSIONAL SERVICES CONTRACTS TO BE AWARDED BY ESTABLISHED QUALIFICATION CRITERIA FOR: ● MUNICIPAL ATTORNEY ● LAND USE BOARD ATTORNEY ● BOND ATTORNEY ● LABOR ATTORNEY ● TAX ATTORNEY ● CONFLICT ATTORNEY ● REDEVELOPMENT ATTORNEY Notice is hereby given that sealed proposals addressed to Borough Administrator, will be received up to 11:00am prevailing time on November 25, 2025, at which time they will be publicly opened and read by the Borough of Highlands, at the Municipal Building, 151 Navesink Ave., Highlands, New Jersey 07732. Specifications and other bid information may be obtained at the Borough Office at 151 Navesink Ave., Highlands, NJ during normal business hours 8:30am – 4:30pm or online at www.highlandsnj.gov. Bids must be made on the proposal forms included with the bid specification, be enclosed in a sealed package bearing the name and address of the bidder and “BID TITLE, NAME” on the outside, addressed to Michael Muscillo, at the address above. Pursuant to N.J.S.A. 40A:11-23c, addenda may be issued for proposals. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. Copies of addenda or notice of same will be made available on the Borough website. It is recommended that all bidders who download specifications from the website to check prior to bid opening to see if any addenda have been issued. The Borough of Highlands is soliciting proposals through a fair and open process in accordance with N.J.S.A. 19:44A- 20.4 et seq., P.L. 2004 Chapter 19 (as amended by P.L. 2005, c.51), Highlands Borough is soliciting Requests for Proposal/Statements of Qualification for Bidders for professional service position appointments. All reportable contributions to any Highlands Borough candidate for Mayor or Borough Council or officeholder of political committee are required to be reported pursuant to N.J.S.A. 19:44A-1, et seq. Responses to the above referenced professional attorney positions should address the general criteria and mandatory minimum criteria for each attorney position sought. All responses will be treated as confidential and reviewed only by the Administrator and Governing Body, unless otherwise required by law. EACH attorney specialty requires one (1) original with original signatures marked “ORIGINAL,” and two (2) flash drives containing exact copy of the original submission. One (1) or more Attorney(s) within each specialty may be awarded a one (1) year contract. Appointments shall be for the calendar year 2026. Price and other factors considered. As used herein, the term Borough shall include all Highlands Borough Departments, Boards, Commissions, and affiliated agencies. The Borough Council reserves the right to reject any and all proposals in whole or in part and to waive such informalities as may be permitted by law. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq., Affirmative Action requirements, N.J.S.A. 19:44A-20.4 et seq., P.L. 2004, Chapter 19 (as amended by P.L. 2005, c.51) Michael Muscillo Borough Administrator November 3, 2025 1. INTRODUCTION The Borough of Highlands (hereinafter the “Borough”) is soliciting proposals from qualified firms interested in performing the duties and functions for the enclosed Attorney specialties and intends to award professional services contracts for the defined scope of work in accordance with N.J.S.A. 19:44A-20.4 et seq. (Fair and Open process). One (1) or more Attorney(s) within each specialty may be awarded a one (1) year contract. Appointments shall be for the calendar year 2026. Price and other factors considered. As used herein, the term “Borough” shall include all Highlands Borough Departments, Boards, Commissions, and affiliated agencies. 2. ADMINISTRATIVE CONDITIONS AND REQUIREMENTS The following items express the administrative conditions and requirements of this RFP/RFQ. Together with the other RFP/RFQ sections, they will apply to the RFP/RFQ process, the subsequent contract and project production. Any proposed change, modification, or exception to these conditions and requirements may be the basis for the Borough to determine the proposal as non-responsive to the RFP/RFQ and will be a factor in the determination of an award of a contract. The contents of the proposal of the successful bidder, as accepted by the Borough, will become part of any contract awarded as a result of this RFP/RFQ. 2.1 Proposal Submission Information Submission Date and Time: November 25, 2025, 11:00am prevailing time The Bidder shall submit one (1) original with original signatures marked “ORIGINAL,” and two (2) flash drives containing exact copy of the original submission for EACH specialty bid. Submission Office: Borough of Highlands/RFP [SPECIALTY] Attorney Borough Administrator 151 Navesink Ave. Highlands, NJ 07732 Clearly mark the submittal package with the title of this RFP/RFQ [SPECIALTY] ATTORNEY and the name of the responding firm, addressed to the Borough Administrator. The original proposal shall be marked to distinguish it. Only those RFP/RFQ responses received prior to or on the submission date and time as specified on the Notice to Bidders will be considered. Any submission(s) received after the specified date and time will be returned unopened. Responses delivered before the submission date and time specified above may be withdrawn upon written application of the Bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the proposal. After the submission date and time specified, responses must firm for a period of sixty (60) days. 2.2 Interpretations and Addenda Bidders are expected to examine the RFP/RFQ with care and observe all its requirements. All questions about the meaning or intent of this RFP/RFQ, all interpretations and clarifications considered necessary by the Borough’s representative in response to such comments and questions will be issued by Addenda. Only comments and questions responded to by formal written Addenda will be binding. Questions may be emailed to mmuscillo@highlandsnj.gov. Oral interpretations, statements or clarifications are without legal effect. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. If bidders download a Bid/RFP/RFQ from the website, it is the responsibility of the person submitting the bid to check prior to the bid opening to see if addenda have been issued. Copies of addenda or notice of same will be made available on the Borough website. 2.3 Assign, Sublet or Transfer Any Rights/Interests Neither the Borough nor the Bidder shall assign, sublet, or transfer any rights or interest in this Agreement without the prior written consent of the other party. Unless specifically stated to the contrary, in writing, prior to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to any party other than the Borough and the Contractor. 2.4 Cost Liability and Additional Costs The Borough assumes no responsibility and liability for costs incurred by the Bidders prior to the issuance of an agreement. The liability of the Borough shall be limited to the terms and conditions of the contract. Bidders will assume responsibility for all costs not stated in their proposals. All unit rates either stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional charges, unless incurred for additional work performed by request of the Borough, are not to be billed and will not be paid. 2.5 Statutory and Other Requirements a. Compliance with Laws Any contract entered into between the Bidder and the Borough must be in accordance with and subject to compliance by both parties with the New Jersey Local Public Contracts Law. The Bidder must agree to comply with the non-discrimination provisions and all other laws and regulations applicable to the performance of services thereunder. The Bidder shall sign and acknowledge such forms and certificates as may be required by this section. b. Mandatory EEO/Affirmative Action Compliance No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed. c. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the delivery of services is prohibited. Bidders are required to read American with Disabilities language that is part of the documents attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The Bidder is obligated to comply with the Act and hold the Borough harmless. d. Ownership Disclosure An Ownership Disclosure Statement is required to be submitted with each bid. This mandatory form is provided as part of the bid documents. FAILURE TO INCLUDE A COMPLETED OWNERSHIP DISCLOSURE STATEMENT WITH EACH BID SHALL RESULT IN THE REJECTION OF THE BID. e. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of this RFP/RFQ, shall be properly executed and submitted with the RFP/RFQ response. This form is provided as part of the bid documents. f. NJ Business Registration Certificate A New Jersey Business Registration Certificate is required pursuant to C57, PL2004; failure to be registered by time of contract award may be cause for rejection. Entities or individuals that need to file for a certificate may do so on-line through the NJ Division of Local Government Services at the following link: http://www.state.nj.us/treasury/revenue/busregcert.shtml. g. Disclosure of Investment Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). The form is included as part of the bid documents. h. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity that seeks to enter into or renew a contract with a State Agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete a certification indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If Highlands finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. This form is included as part of the bid documents. i. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27) (1) Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website. (2) Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year. (3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us. (4) If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or 609-292-8700. j. Insurance and Indemnification If it becomes necessary for the Bidder, either as principal or by agent or employee, to enter upon the premises or property of the Borough in order to construct, erect, inspect, make delivery or remove property hereunder, the Bidder hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. The Bidder further covenants and agrees to indemnify and save harmless the Borough from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Borough regulation, ordinance or the laws of the State, or the United States while said work is in progress. The Bidder shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. Successful bidder will indemnify and hold harmless the Borough from all claims, suits or actions and damages or costs of every name and description to which the Borough may be subjected or put by reason of injury to the person or property of another, or the property of the Borough, resulting from negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or sub-contractors in the delivery of materials and supplies, or in the performance of the work under this agreement. Certificates of the Required Insurance Certificates as listed below shall be submitted along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the Borough as an additional insured. Insurance/Background Checks The Bidder is responsible to conduct adequate background checks on all employees and/or sub-contractors working at Borough facilities. Consultants and/or sub-contractors must be bonded, show proof of insurance coverage naming the Borough as an additional insured, and workers’ compensation insurance. Insurance Requirements The Bidder shall maintain during the life of the contract, insurance policies of the type and with the minimum limits indicated below and, in a form, satisfactory to the Borough. The Bidder shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the municipality prior to commencement of work. 1. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer’s Liability is $500,000.00. 2. General Liability Insurance This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 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 this contract by the bidder. 3. Automobile Liability Insurance This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $1,000,000.00 each accident for property damage, shall be maintained in force during the life of this contract by the bidder. 4. Professional Liability This insurance shall be maintained in force during the life of this contract by the bidder covering claims arising from errors and omissions/malpractice from its representation of the municipality with limits of not less than $1,000,000.00 per occurrence. Per GFOA, level of malpractice insurance carried, including deductible amount to cover Errors & Omissions (E&O) improper judgments and negligence. k. HIPAA (if applicable) Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (‘HIPAA”) as may be amended from time to time and the corresponding HIPAA regulations for the confidentiality and security of medical information. The Bidder shall: Not use or disclose protected health information other than as permitted or required by law. Use appropriate safeguards to protect the confidentiality of the information. Report any use or disclosure not permitted. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. l. Proof of Licensure Proof of licensure for providing Professional Services in the State of New Jersey, for either the firm or the person responsible for the work, shall be provided as required. m. Public Emergency In the event of a Public Emergency declared at the Local, State or Federal Level, if the Borough opts to extend terms and conditions of this RFP/RFQ, the Bidder agrees to extend the terms and conditions of this RFP/RFQ, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original Bidder cannot meet this requirement, the Borough may solicit the goods and/or services from any respondent on this contract. n. Multiple Proposals Not Accepted More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered. o. Failure to Enter Contract Should the Bidder, to whom the contract is awarded, fail to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, the Borough may then, at its option, accept the proposal of another Bidder. p. Commencement of Work The Bidder agrees to commence work on January 1, 2026. q. Termination of Contract If, through any cause, the Bidder shall fail to fulfill in a timely and proper manner obligations under the Contract or if the Bidder violates any requirements of the Contract, the Borough shall thereupon have the right to terminate the Contract by giving written notice to the Bidder of such termination at least thirty (30) days prior to the proposed effective date of the termination. Such termination shall relieve the Borough of any obligation for the balances to the Bidder of any sum or sums set forth in the Contract. The Bidder agrees to indemnify and hold the Borough harmless from any liability to sub-contractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Contract by the Borough under this provision. In case of default by the Bidder, the Borough may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. r. Non-Allocation of Funding Termination Each calendar year payment obligation of the Borough is conditioned upon the availability of Borough funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Bidder hereunder, whether in whole or in part, the Borough at the end of any particular calendar year may terminate such services. The Borough will notify the Bidder in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Borough to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party Bidder. s. Challenge of Specifications Any Bidder who wishes to challenge a specification shall file such challenge in writing with the Purchasing Agent no less than three (3) business days prior to the opening of the RFP/RFQ’s. Challenges filed after that time shall be considered void and having no impact on the Borough or the award of contract. t. Payment Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the Proposal Cost Form. Payment will be made within sixty (60) days or less provided the Bidder returns signed purchase order with original signature and original invoice within specified time period. The Borough may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following: 1. Deliverables not complying with the project specification; 2. Claims filed or responsible evidence indicating probability of filing claims; 3. A reasonable doubt that the Contract can be completed for the balance then unpaid. When the above grounds are removed, payment shall be made for amounts withheld because of them. u. Non-payment of Penalties and Interest on Overdue Bills Public funds may be used to pay only for goods delivered or services rendered. The Borough will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Borough to pay additional fees. A purchase order must be signed for payment to be made. v. Availability of Funds Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually w. Ownership of Material The Borough shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the Borough to the Bidder for the purpose of assisting the Bidder in the performance of this contract. All such items shall be returned immediately to the Borough at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the Borough, be disclosed to others or used by the Bidder or permitted by the Bidder to be used by their parties at any time except in the performance of the resulting contract. Ownership of all data, materials and documentation originated and prepared for the Borough pursuant to this contract shall belong exclusively to the Borough. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the Borough upon completion of the project. The Bidder shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the Borough. All information supplied to the Borough may be required to be supplied on CD-ROM media compatible with the Borough’s computer operating system, windows based, Microsoft Office Suite 2007 or greater. x. Altering Official Document Bidders shall not write in any margins or alter the official content of Borough’s document. y. W-9 Successful Bidder shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf z. Best Practices The awarded attorney(s) will adhere to the best practices described in the Office of the Comptroller’s Report on municipal legal services. aa. Conflict of Interest Indicate and disclose below any potential conflicts of interest that the Attorney(s) may have in performing these services for the Borough of Highlands. Conflict of Interest Yes __________ No _________ If answered “yes”, please explain below or on separate sheet(s) ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ REPRESENTATIONS The Bidder hereby represents as follows: (a) The Bidder is financially solvent, able to pay its debts as they become due and possessed of sufficient working capital to complete the services required and perform its obligations under this Agreement. (b) The Bidder is able to furnish the workplace, tools, materials, supplies, equipment and labor necessary to complete the Services and perform all of its obligations under the Contractual Documents, and has sufficient experience and competence to do so. (c) The Bidder is authorized to do business in the State of New Jersey and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Bidder and the Services it will be performing. (d) The Bidder’s execution of and performance under this Agreement are within its duly authorized powers. (e) The Bidder certifies that it has satisfied itself, from its own investigation, of the conditions to be met, and that it fully understands its obligations and agrees that it will not make any Claim for, or have right to, cancellation or relief from the Contractual Documents without penalty because of its misunderstanding or lack of information. (f) The Bidder certifies that all representations made by it in any of the Contractual Documents are true, subject to penalty of law. The Bidder understands and agrees that its knowing or intentional violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact may be cause for termination of this Agreement. The Bidder understands and agrees that the Bidder’s violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact shall serve as a legal bar to the Bidder’s enforcement of its rights under the Contractual Documents, including any and all Claims at law or equity. (g) The Bidder and any firm it has subcontracted has provided to the Authority proof of valid business registration with the Division of Revenue of the New Jersey Department of the Treasury, pursuant to L. 2001, c. 134, as set forth in Appendix E, and the Bidder shall not enter into any subcontract with a firm that has not provided it and the Authority with proof of such valid business registration BOROUGH MUNICIPAL ATTORNEY SCOPE OF SERVICES The Scope of Services required under this Request for Proposals/Request for Qualifications includes serving as the Borough MUNICIPAL Attorney providing professional legal services relating thereto for the calendar year 2026. OTHER SPECIALIZED SERVICES The selected attorney will be expected to provide specialized professional services to the Borough during the entire year on an as needed basis. Various issues arise during the normal course of business involving the need for professional services on matters that will require guidance and advice from the aforesaid professional. Because such services, at times, represent emergency situations, the attorney will be expected to return a phone call to the Borough on the same day. The attorney will also be expected to be available to provide advice to the Borough during non-business hours including the attendance at meetings when requested. MINIMUM QUALIFICATIONS The firm shall have one or more licensed attorneys on staff whose major focus and work has been and remains providing professional services to and advising public entities. The firm shall have at least ten (10) years of experience in representing public entities. The firm shall designate one attorney within the firm, who will be assigned to represent the interest of the Borough. This individual shall have been admitted and/or licensed as an attorney and be in good standing. The firm and individuals assigned to work with the Borough shall be well versed in all aspects of the Borough’s operations. SUBMISSION Proposing firms shall provide evidence that all minimum qualifications are met. The response to this Request for Proposals/Request for Qualifications (RFP/RFQ) shall also discuss and provide the following: Names and roles of the individuals who will perform the task and a description of their experience with projects similar to the matter being advertised. References and record of success. Description of ability to provide the services in a timely fashion (including staffing, familiarity and location of key staff). Cost details, including the hourly rates of each of the individuals who will perform services. Resumes for the professionals to be assigned to work on Borough matters shall be identified. A list delineating the number and types of public clients served shall also be presented. References from at least three (3) public sector employers shall be provided for this individual. A narrative statement of the professionals understanding of the Borough’s needs and goals. Must maintain a bona fide office in the State of New Jersey. Please list. LAND USE BOARD ATTORNEY GENERAL CRITERIA: Highlands Borough and its LAND USE BOARD desires to appoint an attorney consistent with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., whose responsibilities will be to represent the Land Use Board at all of their respective regular and special meetings and work sessions, conduct legal research and render legal opinions, represent the Board in any litigation and assist the Board in any other manner necessary for the calendar year 2026. Bidders should demonstrate knowledge of the Municipal Land Use Law, Zoning and Land Use, preparation of resolutions, redevelopment law and other matters pertinent to the Land Use Board. Any experience or knowledge of matters that directly affect Highlands Borough should be addressed. Bidders may be an individual or a firm. MANDATORY MINIMUM REQUIREMENTS: 1. Must be licensed to practice law in the State of New Jersey and appear before all state and federal courts and administrative offices of the State of New Jersey for a period of not less than ten (10) years preceding appointment. 2. Must have a minimum of seven (7) years of experience representing municipal entities in connection with Land Use and zoning applications and ordinances. 3. Must maintain a bona fide office in the State of New Jersey. Please list office address. 4. Must have sufficient support staff to provide all services requested by the Borough including, but not limited to, preparation of all documents and resolutions necessary and incidental thereto. 5. Must list past and present public entities represented as Land Use Board Attorney or related issues. 6. Schedule of hourly rates for attorney(s) and support staff. 7. Must identify the attorney(s) and support staff that will be assigned to this account and their experience in handling such actions. LABOR ATTORNEY GENERAL CRITERIA: Highlands Borough desires to appoint a LABOR attorney whose responsibilities will be to represent the Borough in all matters related to labor and employment law, labor negotiations, conduct legal research and render legal opinions, represent the Borough in any litigation and any other manner necessary for the calendar year 2026. Bidders should demonstrate superior knowledge of labor negotiations. Any experience or knowledge of matters that directly affect Highlands Borough should be addressed. Bidders may be an individual or a firm. MANDATORY MINIMUM REQUIREMENTS: 1. Must be licensed to practice law in the State of New Jersey and appear before all state and federal courts and administrative offices of the State of New Jersey for a period of not less than ten (10) years preceding appointment. 2. Must have a minimum of seven (7) years’ experience representing municipal entities in connection with labor negotiations. 3. Must maintain a bona fide office in the State of New Jersey thereto. 4. Must list past and present public entities represented as labor attorney or related issues. 5. Schedule of hourly rates for attorney(s) and support staff. 6. Must identify the attorney(s) and support staff to whom will be assigned to and their experience in handling such actions. 7. Must have sufficient support staff to provide the necessary services in defense of all claims against the Borough and in support of any coverage action. BOND ATTORNEY GENERAL CRITERIA: The Borough of Highlands is seeking request for Proposals for BOND Counsel for any issuance of debt for the calendar year 2026 and legal matters regarding any and all Borough financing in the past, present and future, including but not limited to, compliance with continuing disclosure requirements. The following required information is to be addressed in the Request for Proposal/Request for Qualifications. Please add separate sheets if necessary. Any experience or knowledge of matters that directly affect the Borough of Highlands should be addressed. MANDATORY MINIMUM REQUIREMENTS: 1. Licensed to practice law in the State of New Jersey for a minimum of ten (10) years. 2. Must have ten (10) years’ experience representing municipal entities in connection with the approval of bond ordinances and the issuance of municipal bonds and/or notes. 3. Must have experience in advising and representing public entities regarding SEC matters. 4. Must maintain a bona fide office in the State of New Jersey. Please list office address. 5. Must have sufficient support staff to provide all services required by the Borough including, but not limited to, the preparation of all documents necessary and incidental to the issuance of bonds, bond anticipation notes, emergency notes, refunding and/or refinancing and other municipal obligations as well as any legal matters pertaining to such issuances. 6. List of all present public entities represented as Bond Counsel. 7. Schedule of proposed fee(s). BOROUGH MUNICIPAL/LAND USE BOARD CONFLICT ATTORNEY SCOPE OF SERVICES The Scope of Services required under this Request for Proposals/Request for Qualifications includes serving as the Borough CONFLICT Attorney providing professional legal services relating thereto for the calendar year 2026. OTHER SPECIALIZED SERVICES The selected attorney will be expected to provide specialized professional services to the Borough during the entire year on an as needed basis. Various issues arise during the normal course of business involving the need for professional services on matters that will require guidance and advice from the aforesaid professional. Because such services, at times, represent emergency situations, the attorney will be expected to return a phone call to the Borough on the same day. The attorney will also be expected to be available to provide advice to the Borough during non-business hours including the attendance at meetings when requested. MINIMUM QUALIFICATIONS The firm shall have one or more licensed attorneys on staff whose major focus and work has been and remains providing professional services to and advising public entities. The firm shall have at least ten (10) years’ experience in representing public entities. The firm shall designate one attorney within the firm, who will be assigned to represent the interest of the Borough. This individual shall have been admitted and/or licensed as an attorney and be in good standing. The firm and individuals assigned to work with the Borough shall be well versed in all aspects of the Borough’s operations. SUBMISSION Proposing firms shall provide evidence that all minimum qualifications are met. The response to this Request for Proposals/Request for Qualifications (RFP/RFQ) shall also discuss and provide the following: Names and roles of the individuals who will perform the task and a description of their experience with projects similar to the matter being advertised. References and record of success. Description of ability to provide the services in a timely fashion (including staffing, familiarity and location of key staff). Cost details, including the hourly rates of each of the individuals who will perform services. Resumes for the professionals to be assigned to work on Borough matters shall be identified. A list delineating the number and types of public clients served shall also be presented. References from at least three (3) public sector employers shall be provided for this individual. A narrative statement of the professionals understanding of the Borough’s needs and goals. Must maintain a bona fide office in the State of New Jersey. Please list. TAX APPEAL ATTORNEY/ MUNICIPAL TAX APPEAL ATTORNEY GENERAL CRITERIA: Highlands Borough desires to appoint an attorney whose responsibilities will be to represent the Borough in all matters related to TAX appeals and other matters relating to the taxation of real property, including: conducting legal research and rendering legal opinions, representing the Borough in any litigation and any other manner necessary for the calendar year 2026. Proposers should demonstrate knowledge of tax appeals and other related matters. Any experience or knowledge of matters that directly affect Highlands Borough should be addressed. Proposers may be an individual or a firm. The Borough will appoint a Tax Appeal and Municipal Tax Appeal Attorney from the bids submitted. MANDATORY MINIMUM REQUIREMENTS: 1. Must be licensed to practice law in the State of New Jersey and appear before all state and federal courts and administrative offices of the State of New Jersey for a period of not less than ten (10) years preceding appointment. 2. Must have a minimum of seven (7) years’ experience representing municipal entities in connection with tax appeals. 3. Must maintain a bona fide office in the State of New Jersey. Please list office address. 4. Must have sufficient support staff to provide all services requested by the Borough including, but not limited to, preparation of all documents and resolutions necessary and incidental thereto. 5. Must list past and present public entities represented as tax appeals attorney or related issues. 6. Demonstrate in-depth knowledge of Title 54, the assessing function/procedures and the role of the assessor under the strong mayor form of government. 7. Demonstrate understanding the complexity of diverse neighborhoods and property classes comparable to properties in Highlands Borough and Monmouth County and how they relate to the assessing function. 8. Demonstrate experience of litigation before County Boards of Taxation and in particular the Monmouth County Board of Taxation and the Tax Court of New Jersey. 9. Demonstrate experience of litigation of new and existing developments. 10. Demonstrate experience of litigation before, during and after revaluations and/or reassessments. 11. Schedule of hourly rates for attorney(s) and support staff. 12. Must identify the attorney(s) and support staff to whom will be assigned to and their experience in handling such actions. 13. Must have sufficient support staff to provide the necessary services in defense of all claims against the Borough and in support of any coverage action. REDEVELOPMENT ATTORNEY GENERAL CRITERIA: Highlands Borough desires to appoint a REDEVELOPMENT Attorney whose responsibilities are listed below for the calendar year 2026. Any experience or knowledge of matters that directly affect Highlands Borough should be addressed. Bidders may be an individual or a firm. DUTIES – The Redevelopment Attorney shall: 1. Represent and advise Borough of Highlands in all matters of law pertaining to general redevelopment matters and perform such duties as are appropriate to facilitate redevelopment projects within Highlands Borough. 2. Give advice or opinion on the legality of all matters related to redevelopment. 3. Redevelopment Attorney will advocate the interests of the Borough of Highlands including preparing legal opinions and legal briefs, appearing in court and meeting with Borough, County, State and Federal officials. 4. Participate in the development and implementation of goals, objectives, policies and priorities. 5. Plan, prepare, negotiate and approve redevelopment plans, redevelopment agreements, ordinances, resolutions, contracts, deeds, leases, and other legal documents as well as the review of any applicable adoption proceedings. 6. Represent the Borough before other governmental bodies and agencies to promote the interests of the Borough. 7. Represent the Borough of Highlands in the community and at professional meetings. 8. Attend any and all Borough Council, Land Use Board meetings or other meetings with municipal staff where redevelopment or related matters may be discussed, as requested by Highlands Borough. 9. The Borough may propose additional tasks as deemed necessary to complete the assignment. Any additional work shall be compensated, as agreed between the successful firm and the Borough. MANDATORY MINIMUM REQUIREMENTS: 1. Must be licensed to practice law in the State of New Jersey and appear before all state and federal courts and administrative offices of the State of New Jersey for a period of not less than ten (10) years preceding appointment. 2. Must have a minimum of seven (7) years’ experience representing municipal entities in connection with redevelopment land use experience. 3. Must maintain a bona fide office in the State of New Jersey. Please list office address. 4. Must have sufficient support staff to provide the necessary services in defense of all claims against the Borough and in support of any coverage action and all services requested by the Borough including, but not limited to, preparation of all documents and resolutions necessary and incidental thereto. 5. Must identify the attorney(s) and support staff to whom will be assigned to and their experience in handling such actions. 6. Must list past and present public entities represented for redevelopment land use experience or related issues. 7. Schedule of hourly rates for attorney(s) and support staff. 8. Please submit an example of a typical invoice your firm provides to a public agency. AFFORDABLE HOUSING ATTORNEY GENERAL CRITERIA: Highlands Borough desires to appoint an Affordable Housing Attorney whose responsibilities are listed below for the calendar year 2026. Any experience or knowledge of matters that directly affect Highlands Borough should be addressed. Bidders may be an individual or a firm. DUTIES – The Affordable Housing Attorney shall: 1. Represent and advise Borough of Highlands in all matters of law pertaining to the Borough’s Housing Element and Fair Share Plan, general affordable housing matters and perform such duties as are appropriate to facilitate affordable housing projects within Highlands Borough. 2. Give advice or opinion on the legality of all matters related to affordable housing. 3. Affordable Housing Attorney will advocate the interests of the Borough of Highlands including preparing legal opinions and legal briefs, appearing in court and meeting with Borough, County, State and Federal officials. 4. Participate in the development and implementation of goals, objectives, policies and priorities. 5. Plan, prepare, negotiate and approve affordable housing plans, affordable housing agreements, ordinances, resolutions, contracts, deeds, leases, and other legal documents as well as the review of any applicable adoption proceedings. 6. Represent the Borough before other governmental bodies and agencies to promote the interests of the Borough. 7. Represent the Borough of Highlands in the community and at professional meetings. 8. Attend any and all Borough Council, Land Use Board meetings or other meetings with municipal staff where affordable housing or related matters may be discussed, as requested by Highlands Borough. 9. The Borough may propose additional tasks as deemed necessary to complete the assignment. Any additional work shall be compensated, as agreed between the successful firm and the Borough. MANDATORY MINIMUM REQUIREMENTS: 1. Must be licensed to practice law in the State of New Jersey and appear before all state and federal courts and administrative offices of the State of New Jersey for a period of not less than ten (10) years preceding appointment. 2. Must have a minimum of seven (7) years’ experience representing municipal entities in connection with redevelopment land use experience. 3. Must maintain a bona fide office in the State of New Jersey. Please list office address. 4. Must have sufficient support staff to provide the necessary services in defense of all claims against the Borough and in support of any coverage action and all services requested by the Borough including, but not limited to, preparation of all documents and resolutions necessary and incidental thereto. 5. Must identify the attorney(s) and support staff to whom will be assigned to and their experience in handling such actions. 6. Must list past and present public entities represented for redevelopment land use experience or related issues. 7. Schedule of hourly rates for attorney(s) and support staff. 8. Please submit an example of a typical invoice your firm provides to a public agency. PROPOSAL REQUIREMENTS Qualification Statement and Proposal Respondents are requested to submit a Qualification Statement and Proposal for each category. The Qualification Statement and Proposal must contain all requirements of the RFP/RFQ and the following information. 1. A statement that your firm is interested in performing the work described in this RFP/RFQ. 2. The address of the office in which the work will be performed. 3. The name and title of the individuals who will be assigned to the project(s). 4. A narrative demonstrating your understanding of all work necessary. The narrative must detail your firm’s particular ability to perform the type of work. The narrative must indicate the experience of your firm/staff for the type of work involved for the categories your firm is preparing a response. The narrative should address the ability of your firm to complete the required work in a professional and cost-effective manner. 5. Resumes of key personnel must be submitted along with your firms’ proposals. Each resume shall be a maximum of two, single sided, 8 ½ “x 11” sheets in length and must highlight education, professional credentials, and work performance on projects similar to that described in this RFP/RFQ. A resume of the primary partner, as well as the resume(s) of key personnel must be included. 6. It is anticipated that the Borough will require monthly itemized statements for all services and will subject these statements to audit at least annually. Describe how your firm would provide for this reporting. 7. Please submit an example of a typical invoice your firm provides to a public agency. Fee Schedule Respondents shall submit a proposed hourly rate fee schedule for the period of January 1, 2026 through December 31, 2026. Any fee or cost not specified in your proposal is to be included within the hourly fee proposed. The fee proposal at the end of this section must be completed as outlined or the proposal will be rejected. Advise if a retainer is part of the rate fee. References Please provide a list of (3) three clients for whom similar services have been provided. Include the following in your response: 1. Name of Client 5. Telephone Number 2. Address of Client 6. E-mail address 3. Contact Person’s Name 7. Dates Worked 4. Contact Person’s Title EVALUATION, REVIEW AND SELECTION PROCESS Proposals to Remain Subject to Acceptance RFP/RFQ responses shall remain open for a period of sixty (60) calendar days from the stated submittal date. The Borough will either award the Contract within the applicable time period or reject all proposals. The Borough may extend the decision to award or reject all proposals beyond the sixty (60) calendar days when the proposals of any respondents who consent thereto may, at the request of the Borough, be held for consideration for such longer period as may be agreed. Rejection of Proposals The Borough reserves the right to reject any or all proposals, or to reject any proposals if the evidence submitted by, or investigation of such Bidder fails to satisfy the Borough that such Bidder is properly qualified to carry out the obligations of the RFP/RFQ and to complete the work contemplated therein. The Borough reserves the right to waive any minor informality in the RFP/RFQ. In the event that all proposals are rejected, the Borough reserves the right to start the process over from the beginning and re-solicit proposals. If No Proposals Are Received If no proposals are received after conducting the Fair and Open Process, the Committee will make a recommendation for the appointment of a professional to the governing body as permitted in N.J.S.A. 40A:11- 6.1(a)(b). Notwithstanding the above, all professionals receiving awards based on this sub- section must comply with the limitations on contributions approved in the Borough’s Pay to Pay Ordinances. Evaluation Process An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements, determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria. The highest-ranking Bidder will then be recommended to the governing body for award of contract, based on price and other factors. Evaluation Criteria The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not meant to imply order of importance in the selection process. All criteria will be used to select the successful Bidder. 1. Understanding of the Requested Work a. Completeness & responsiveness to the RFP/RFQ b. Compliance with instructions & requests c. Demonstrates clear understanding of Scope of Work 2. Knowledge and Technical Competence a. Education & training of employees b. Suitability to perform the required tasks 3. Management, Experience and Personnel Qualifications a. Project management team & their qualifications b. Additional resources available c. Record of reliability & quality of service d. Experience performing similar work 4. Cost a. Explanation of costs (on Cost Sheet) b. Cost comparison c. Miscellaneous additional services costs Note: Price shall be based on hourly rates and schedules of fees submitted with the proposal. Any services not included as part of any resulting contract scope of services must be approved and authorized by the Borough before such work is initiated. The Borough shall pay for such approved services at the rate or cost agreed upon between the Borough and Bidder, provided the Bidder has provided a schedule of fees for additional services with this RFP/RFQ. Award The Borough reserves the right to conduct an interview or interviews with the prospective professional to discuss the scope of the professional services as outlined in the Bidder’s submission. Term of Contract: January 1, 2026 – December 31, 2026. The Professional Services Committee will select the Bidder(s) deemed most advantageous to the Borough, price and other factors considered. The Professional Services Committee’s selection is subject to the Mayor’s approval. Thereafter, the Mayor’s recommendation shall be forwarded to the governing body for approval. Once approved by the governing body by resolution, the contract between the Borough and the selected Bidder(s) shall be prepared. All awards are subject to availability of funds. Notice of Award The successful Bidder will be notified of the award of contract upon a favorable decision by the governing body. The Finance Department may then send a Purchase Order/Voucher to the Bidder. Payment Payment will be made after a properly executed Borough voucher has been received and formally approved on the voucher list by the Borough Council at its subsequent regular meeting. The voucher will be certified correct by the department/division head who received the goods or services. Open Public Records Act (OPRA) All documents/information, except for OPRA’s Exemptions from Disclosure, submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. ***************************** --- Document: 2026 Administrative Agent RFP Specs --- 1 BOROUGH OF HIGHLANDS 2026 REQUEST FOR PROPOSALS PROFESSIONAL SERVICES CONTRACT TO BE AWARDED BY ESTABLISHED QUALIFICATION CRITERIA FOR AFFORDABLE HOUSING ADMINISTRATIVE AGENT Notice is hereby given that sealed proposals addressed to Borough Administrator, will be received up to 11:00am prevailing time on November 25, 2025, at which time they will be publicly opened and read by the Borough of Highlands, at the Municipal Building, 151 Navesink Ave., Highlands, New Jersey 07732. Specifications and other bid information may be obtained at the Borough Office at 151 Navesink Ave., Highlands, NJ during normal business hours 8:30am – 4:30pm or online at www.highlandsnj.gov. Bids must be made on the proposal forms included with the bid specification, be enclosed in a sealed package bearing the name and address of the bidder and “ADMINISTRATIVE AGENT, NAME” on the outside, addressed to Michael Muscillo, at the address above. Pursuant to N.J.S.A. 40A:11-23c, addenda may be issued for proposals. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. Copies of addenda or notice of same will be made available on the Borough website. It is recommended that all bidders who download specifications from the website to check prior to bid opening to see if any addenda have been issued. The Borough of Highlands is soliciting proposals through a fair and open process in accordance with N.J.S.A. 19:44A- 20.4 et seq., P.L. 2004 Chapter 19 (as amended by P.L. 2005, c.51), Highlands Borough is soliciting Requests for Proposal for Bidders for professional service position appointments. All reportable contributions to any Highlands Borough candidate for Mayor or Borough Council or officeholder of political committee are required to be reported pursuant to N.J.S.A. 19:44A-1, et seq. Responses to the above referenced professional position should address the general criteria and mandatory minimum criteria for the position sought. All responses will be treated as confidential and reviewed only by the Administrator and Governing Body, unless otherwise required by law. The applicant/proposer shall submit one (1) original with original signatures marked “ORIGINAL” and two (2) flash drives containing exact copy of the original in PDF format. One (1) or more Administrative Agent(s) may be awarded a one (1) year contract. Appointment(s) shall be for the calendar year of 2026. Price and other factors considered. The Borough Council reserves the right to reject any or all proposals in whole or in part and to waive such informalities as may be permitted by law. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq., Affirmative Action requirements, N.J.S.A. 19:44A-20.4 et seq., P.L. 2004, Chapter 19 (as amended by P.L. 2005, c.51) Michael F Muscillo Borough Administrator November 3, 2025 2 1. INTRODUCTION The Borough of Highlands (hereinafter the “Borough”) is soliciting proposals from qualified firms interested in performing the duties and functions for an ADMINISTRATIVE AGENT and intends to award a professional services contract for the defined scope of work in accordance with N.J.S.A. 19:44A-20.4 et seq. (Fair and Open process) for the 2026 calendar year. Price and other factors considered. As used herein, the term “Borough” shall include all Highlands Borough Departments, Boards, Commissions, and affiliated. 2. ADMINISTRATIVE CONDITIONS AND REQUIREMENTS The following items express the administrative conditions and requirements of this RFP/RFQ. Together with the other RFP/RFQ sections, they will apply to the RFP/RFQ process, the subsequent contract and project production. Any proposed change, modification, or exception to these conditions and requirements may be the basis for the Borough to determine the proposal as non-responsive to the RFP/RFQ and will be a factor in the determination of an award of a contract. The contents of the proposal of the successful bidder, as accepted by the Borough, will become part of any contract awarded as a result of this RFP/RFQ. 2.1 Proposal Submission Information Submission Date and Time: November 25, 2025, 11:00am prevailing time The Bidder shall submit one (1) original with original signatures marked “ORIGINAL,” and two (2) flash drives containing exact copy of the original submission in pdf format. Submission Office: Borough of Highlands/RFP Administrative Agent Borough Administrator 151 Navesink Ave. Highlands, NJ 07732 Clearly mark the submittal package with the title of this RFP/RFQ Administrative Agent 2026 and the name of the responding firm, addressed to the Borough Administrator. The original proposal shall be marked to distinguish it. Only those RFP/RFQ responses received prior to or on the submission date and time as specified on the Notice to Bidders will be considered. Any submission(s) received after the specified date and time will be returned unopened. Responses delivered before the submission date and time specified above may be withdrawn upon written application of the Bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the proposal. After the submission date and time specified, responses must firm for a period of sixty (60) days. 2.2 Interpretations and Addenda Bidders are expected to examine the RFP/RFQ with care and observe all its requirements. All questions about the meaning or intent of this RFP/RFQ, all interpretations and clarifications considered necessary by the Borough’s representative in response to such comments and questions will be issued by Addenda. Only comments and questions responded to by formal written Addenda will be binding. 3 Questions may be emailed to mmuscillo@highlandsnj.gov. Oral interpretations, statements or clarifications are without legal effect. It is the sole responsibility of the person submitting the bid to be knowledgeable of all addenda related to this procurement. If bidders download a Bid/RFP/RFQ from the website, it is the responsibility of the person submitting the bid to check prior to the bid opening to see if addenda have been issued. Copies of addenda or notice of same will be made available on the Borough website. 2.3 Assign, Sublet or Transfer Any Rights/Interests Neither the Borough nor the Bidder shall assign, sublet, or transfer any rights or interest in this Agreement without the prior written consent of the other party. Unless specifically stated to the contrary, in writing, prior to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to any party other than the Borough and the Contractor. 2.4 Cost Liability and Additional Costs The Borough assumes no responsibility and liability for costs incurred by the Bidders prior to the issuance of an agreement. The liability of the Borough shall be limited to the terms and conditions of the contract. Bidders will assume responsibility for all costs not stated in their proposals. All unit rates either stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional charges, unless incurred for additional work performed by request of the Borough, are not to be billed and will not be paid. 2.5 Statutory and Other Requirements a. Compliance with Laws Any contract entered into between the Bidder and the Borough must be in accordance with and subject to compliance by both parties with the New Jersey Local Public Contracts Law. The Bidder must agree to comply with the non-discrimination provisions and all other laws and regulations applicable to the performance of services thereunder. The Bidder shall sign and acknowledge such forms and certificates as may be required by this section. b. Mandatory EEO/Affirmative Action Compliance No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed. c. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the delivery of services is prohibited. Bidders are required to read American with Disabilities language that is part of the documents attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The Bidder is obligated to comply with the Act and hold the Borough harmless. d. Ownership Disclosure An Ownership Disclosure Statement is required to be submitted with each bid. This mandatory form is provided as part of the bid documents. FAILURE TO INCLUDE A COMPLETED OWNERSHIP DISCLOSURE STATEMENT WITH EACH BID SHALL RESULT IN THE REJECTION OF THE BID. 4 e. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of this RFP/RFQ, shall be properly executed and submitted with the RFP/RFQ response. This form is provided as part of the bid documents. f. NJ Business Registration Certificate A New Jersey Business Registration Certificate is required pursuant to C57, PL2004; failure to be registered by time of contract award may be cause for rejection. Entities or individuals that need to file for a certificate may do so on-line through the NJ Division of Local Government Services at the following link: http://www.state.nj.us/treasury/revenue/busregcert.shtml. g. Disclosure of Investment Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). The form is included as part of the bid documents. h. Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity that seeks to enter into or renew a contract with a State Agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete a certification indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If Highlands finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. This form is included as part of the bid documents. i. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27) (1) Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website. (2) Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year. (3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us. (4) If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or 609-292- 8700. j. Insurance and Indemnification If it becomes necessary for the Bidder, either as principal or by agent or employee, to enter upon the premises or property of the Borough in order to construct, erect, inspect, make delivery or remove property hereunder, the Bidder hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. 5 The Bidder further covenants and agrees to indemnify and save harmless the Borough from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Borough regulation, ordinance or the laws of the State, or the United States while said work is in progress. The Bidder shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. Successful bidder will indemnify and hold harmless the Borough from all claims, suits or actions and damages or costs of every name and description to which the Borough may be subjected or put by reason of injury to the person or property of another, or the property of the Borough, resulting from negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or sub-contractors in the delivery of materials and supplies, or in the performance of the work under this agreement. Certificates of the Required Insurance Certificates as listed below shall be submitted along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the Borough as an additional insured. Insurance/Background Checks The Bidder is responsible to conduct adequate background checks on all employees and/or sub- contractors working at Borough facilities. Consultants and/or sub-contractors must be bonded, show proof of insurance coverage naming the Borough as an additional insured, and workers’ compensation insurance. Insurance Requirements The Bidder shall maintain during the life of the contract, insurance policies of the type and with the minimum limits indicated below and, in a form, satisfactory to the Borough. The Bidder shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the municipality prior to commencement of work. 1. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer’s Liability is $500,000.00. 2. General Liability Insurance 6 This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 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 this contract by the bidder. 3. Automobile Liability Insurance This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $1,000,000.00 each accident for property damage, shall be maintained in force during the life of this contract by the bidder. 4. Professional Liability This insurance shall be maintained in force during the life of this contract by the bidder covering claims arising from errors and omissions/malpractice from its representation of the municipality with limits of not less than $1,000,000.00 per occurrence. Per GFOA, level of malpractice insurance carried, including deductible amount to cover Errors & Omissions (E&O) improper judgments and negligence. k. HIPAA (if applicable) Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (‘HIPAA”) as may be amended from time to time and the corresponding HIPAA regulations for the confidentiality and security of medical information. The Bidder shall: Not use or disclose protected health information other than as permitted or required by law. Use appropriate safeguards to protect the confidentiality of the information. Report any use or disclosure not permitted. The Bidder, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Bidder to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services. l. Proof of Licensure Proof of licensure for providing Professional Services in the State of New Jersey, for either the firm or the person responsible for the work, shall be provided as required. m. Public Emergency In the event of a Public Emergency declared at the Local, State or Federal Level, if the Borough opts to extend terms and conditions of this RFP/RFQ, the Bidder agrees to extend the terms and conditions of this RFP/RFQ, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original Bidder cannot meet this requirement, the Borough may solicit the goods and/or services from any respondent on this contract. n. Multiple Proposals Not Accepted More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered. 7 o. Failure to Enter Contract Should the Bidder, to whom the contract is awarded, fail to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, the Borough may then, at its option, accept the proposal of another Bidder. p. Commencement of Work The Bidder agrees to commence work on January 1, 2026. q. Termination of Contract If, through any cause, the Bidder shall fail to fulfill in a timely and proper manner obligations under the Contract or if the Bidder violates any requirements of the Contract, the Borough shall thereupon have the right to terminate the Contract by giving written notice to the Bidder of such termination at least thirty (30) days prior to the proposed effective date of the termination. Such termination shall relieve the Borough of any obligation for the balances to the Bidder of any sum or sums set forth in the Contract. The Bidder agrees to indemnify and hold the Borough harmless from any liability to sub- contractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Contract by the Borough under this provision. In case of default by the Bidder, the Borough may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. r. Non-Allocation of Funding Termination Each calendar year payment obligation of the Borough is conditioned upon the availability of Borough funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Bidder hereunder, whether in whole or in part, the Borough at the end of any particular calendar year may terminate such services. The Borough will notify the Bidder in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Borough to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party Bidder. s. Challenge of Specifications Any Bidder who wishes to challenge a specification shall file such challenge in writing with the Purchasing Agent no less than three (3) business days prior to the opening of the RFP/RFQ’s. Challenges filed after that time shall be considered void and having no impact on the Borough or the award of contract. t. Payment Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the Proposal Cost Form. Payment will be made within sixty (60) days or less provided the Bidder returns signed purchase order with original signature and original invoice within specified time period. The Borough may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following: 8 1. Deliverables not complying with the project specification; 2. Claims filed or responsible evidence indicating probability of filing claims; 3. A reasonable doubt that the Contract can be completed for the balance then unpaid. When the above grounds are removed, payment shall be made for amounts withheld because of them. u. Non-payment of Penalties and Interest on Overdue Bills Public funds may be used to pay only for goods delivered or services rendered. The Borough will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Borough to pay additional fees. A purchase order must be signed for payment to be made. v. Availability of Funds Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually w. Ownership of Material The Borough shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the Borough to the Bidder for the purpose of assisting the Bidder in the performance of this contract. All such items shall be returned immediately to the Borough at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the Borough, be disclosed to others or used by the Bidder or permitted by the Bidder to be used by their parties at any time except in the performance of the resulting contract. Ownership of all data, materials and documentation originated and prepared for the Borough pursuant to this contract shall belong exclusively to the Borough. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the Borough upon completion of the project. The Bidder shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the Borough. All information supplied to the Borough may be required to be supplied on CD- ROM media compatible with the Borough’s computer operating system, windows based, Microsoft Office Suite 2007 or greater. x. Altering Official Document Bidders shall not write in any margins or alter the official content of Borough’s document. y. W-9 Successful Bidder shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf z. Best Practices The awarded Administrative Agent(s) will adhere to the best practices described in the Office of the Comptroller’s Report on municipal legal services. 9 aa. Conflict of Interest Indicate and disclose below any potential conflicts of interest that the Administrative Agent(s) may have in performing these services for the Borough of Highlands. Conflict of Interest Yes __________ No _________ If answered “yes”, please explain below or on separate sheet(s) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. Representations The Bidder hereby represents as follows: (a) The Bidder is financially solvent, able to pay its debts as they become due and possessed of sufficient working capital to complete the services required and perform its obligations under this Agreement. (b) The Bidder is able to furnish the workplace, tools, materials, supplies, equipment and labor necessary to complete the Services and perform all of its obligations under the Contractual Documents, and has sufficient experience and competence to do so. (c) The Bidder is authorized to do business in the State of New Jersey and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Bidder and the Services it will be performing. (d) The Bidder’s execution of and performance under this Agreement are within its duly authorized powers. (e) The Bidder certifies that it has satisfied itself, from its own investigation, of the conditions to be met, and that it fully understands its obligations and agrees that it will not make any Claim for, or have right to, cancellation or relief from the Contractual Documents without penalty because of its misunderstanding or lack of information. (f) The Bidder certifies that all representations made by it in any of the Contractual Documents are true, subject to penalty of law. The Bidder understands and agrees that its knowing or intentional violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact may be cause for termination of this Agreement. The Bidder understands and agrees that the Bidder’s violation of any statute or regulation related to public contracts and/or its misrepresentation or concealment of any material fact shall serve as a legal bar to the Bidder’s enforcement of its rights under the Contractual Documents, including any and all Claims at law or equity. (g) The Bidder and any firm it has subcontracted has provided to the Authority proof of valid business registration with the Division of Revenue of the New Jersey Department of the Treasury, pursuant to L. 2001, c. 134, as set forth in Appendix E, and the Bidder shall not enter into any subcontract with a firm that has not provided it and the Authority with proof of such valid business registration 10 BOROUGH ADMINISTRATIVE AGENT These contracts are to furnish and deliver professional services for the Borough of Highlands through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq. as follows: Any persons or firms interested in providing professional services to the Borough of Highlands as defined in the New Jersey Statutes, N.J.S.A. 40A:11-2(6). SCOPE OF WORK: ADMINISTRATIVE AGENT GENERAL CRITERIA: The Borough of Highlands desires to appoint a qualified Affordable Housing Administrative Agent(s) or firm, with significant experience managing affordable housing units that are created through either the Housing Trust Fund or the Borough’s inclusionary zoning ordinance. These services would include presenting to the Governing Body and the Land Use Board as necessary. Any experience or knowledge of matters that directly affect the Borough of Highlands should be addressed. MANDATORY MINIMUM REQUIREMENTS: The proposal submitted by the Respondent must meet or exceed the professional, administrative and financial qualifications and requirements as set forth in the RFP/RFQ and shall incorporate the information requested below. A Respondent may submit supplemental information that it feels may be useful in evaluating its proposal. Respondents are encouraged to be clear, factual, and concise in their presentation of information. 1. Agency and Enforcement Delegation The Consultant will act primarily as the affordable housing Administrative Agent for the Borough of Highlands; and the Borough of Highlands will delegate to the Consultant and the Consultant accepts, primary responsibility for enforcing, and complying with substantive provisions of the Fair Housing Act and the Uniform Housing Affordability Control (UHAC) regulations (N.J.A.C. 5:80-26.1 et seq.). The Borough of Highlands will retain the ultimate responsibility for ensuring effective compliance with the UHAC regulations and the Consultant will come under the supervision of the Borough of Highlands’ Municipal Housing Liaison. 2. Assignment of Affordable Housing Units For the term of the Agreement, and without exception, the Agreement entered into between the Consultant and the Borough of Highlands will govern the provision of affordability control services for the existing and future affordable housing units located within the Borough of Highlands created either through the Borough’s inclusionary zoning ordinance or with funding from the Housing Trust Fund. These affordable housing units and any additional units created during the term of this Agreement will be the responsibility of the Consultant acting as the Administrative Agent. 3. Responsibilities of the Consultant The Consultant will be responsible to perform and comply with the duties and responsibilities of an Administrative Agent as are set forth in the UHAC regulations, including those set forth in Sections 5:80- 26.14, 16 and 18 thereof, as well as additional responsibilities regarding the provision of affordable housing in the Borough. The Consultant’s specific responsibilities include the following: 11 A. Affirmative Marketing 1) Create a digital pre-application for affordable housing and conduct an outreach process in both digital and written form to insure affirmative marketing of affordable housing units in accordance with the two Affirmative Marketing Plans of Highlands Borough; 2) Attend continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the State of New Jersey, at their own expense; and 3) Send annual notifications via e-mail, or mail when e-mail is not available, to persons on the waiting list for affordable housing to identify any change in household status and verify their continued interest in affordable housing. B. Household Certification 1) Solicit, schedule, conduct and follow up on interviews with interested households; 2) Conduct initial interviews, and once the unit is occupied, conduct annual interviews and obtain sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low or moderate income unit; 3) Provide written notification to each applicant as to the determination of eligibility or non- eligibility; 4) Require that all certified applicants for restricted units execute a certificate of substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq; 5) Create and maintain a waiting list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and 6) Create and maintain a waiting list of eligible applicant households living in Highlands Borough for those units that include a local preference; and 7) Employ a random selection process as provided in Highlands’ Affirmative Marketing Plan when referring households for certification to affordable units. C. Affordability Controls 1) Furnish to attorneys or closing agents form of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit; 2) Create and maintain a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate; 3) Ensure that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county’s register of deeds or county clerk’s office after the termination of the affordability controls for each restricted unit; 12 4) Ensure the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10. D. Resale and Rental 1) Institute and maintain an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rental; and 2) Institute and maintain an effective means of communicating information to low- and moderate- income households regarding the availability of restricted units for resale or re-rental. E. Processing Requests from Unit Owners 1) Review and approve requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership; 2) Review and approve requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air conditioning systems; 3) Notify the Borough of Highlands of an owner’s intent to sell a restricted unit; and 4) Process requests and make determinations on requests by owners of restricted units for hardship waivers. F. Enforcement 1) Secure annually from the Borough of Highlands lists of affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it; 2) Secure from developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgment of the requirement that no restricted unit can be offered or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent; 3) Post annually in rental properties, including two family homes, of a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent can be made; 4) Send annual mailings to owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C 5:80-26.18(D)4; 5) Establish a program for diverting unlawful rent payments to the Borough of Highlands’ affordable housing trust fund; 6) Create and publish a written operating manual setting forth procedures for administering such affordability controls; 13 7) Create and publish any forms and other manuals necessary to administer the Borough’s affordable housing programs; and 8) Provide annual reports to the Borough of Highlands. G. Other Duties 1) The Consultant will have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder. 2) Attend meetings with the Highlands Housing Commission on a quarterly basis. 3) Records received, retained, retrieved, or transmitted under the terms of the contract may constitute public records of the Borough of Highlands as defined by NJSA 47:3-16, and are the legal property of the Borough of Highlands. The Consultant named must agree to administer and dispose of such records in compliance with the State’s public records laws and associated administrative rules. Such records include but are not limited to and may be amended by the State from time to time as warranted: (a) Affordable Housing Project File (b) Affordable Housing Project File – Approved (c) Affordable Housing Project File – Denied/Withdrawn (d) Affordable Housing Project File – Referral List (e) Affordable Housing Application File – Individual (f) Affordable Housing Application File – Certification Approved (g) Affordable Housing Application File – Certificate Denied/Expired (h) Affordable Housing Unit File (i) Affordable Housing Unit File – Mailing of Notification of Responsibilities (j) Affordable Housing Unit Inventory (k) Enforcement File – Projects and Units (l) Monitoring Reports – Annual Submission (m) Operations Manual H. Additional Requirements 1) Design the online application and waiting list in such a manner that the housing needs for special needs populations can be evaluated. 2) Disseminate the following information in to persons on the waiting list: (a) Available down payment assistance, low interest loans and rental assistance; (b) Morris County’s Home Improvement Program, (c) Workshops offered by agencies contracted by the Borough to provide housing counseling and homeowner stewardship; and (d) Any other information deemed pertinent by the Municipal Housing Liaison. 4. Responsibilities of the Borough of Highlands The Borough of Highlands shall: A. Provide to the Consultant the name, title and telephone number of the municipal official designated as the Municipal Housing Liaison; 14 B. Monitor the status of all restricted units in the Borough of Highlands’ Fair Share Plan; C. Coordinate meetings with affordable housing providers and the Consultant, as applicable; D. Develop and distribute an Affirmative Marketing Plan; E. Ensure that all restricted units are identified as affordable within the tax assessor’s office. The Borough of Highlands shall promptly notify the Consultant of a change in billing address, payment delinquency of two billing cycles, transfer of title or institution of a writ of foreclosure on all affordable units; and F. Provide all reasonable and necessary assistance to the Consultant in support of efforts to enforce provisions of the Fair Housing Act, deed covenants, mortgages, court decisions or other authorities governing the affordability control services. 15 PROPOSAL REQUIREMENTS FEE PROPOSAL TO PROVIDE THE SERVICES OUTLINED ABOVE This fair and open process proposal is for the Request for Proposal/Request for Qualifications. Contract award shall be made with reasonable promptness by written notice to that responsible bidder, whose bid proposal, conforming to this RFP/RFQ, is most advantageous to the Borough. Qualification Statement and Proposal Respondents are requested to submit a Qualification Statement. The Qualification Statement and Proposal must contain all requirements of the RFP/RFQ and the following information. 1. A statement that your firm is interested in performing the work described in this RFP/RFQ. 2. The address of the office in which the work will be performed. 3. The name and title of the individuals who will be assigned to the project(s). 4. A narrative demonstrating your understanding of all work necessary. The narrative must detail your firm’s particular ability to perform the type of work. The narrative must indicate the experience of your firm/staff for the type of work involved for the categories your firm is preparing a response. The narrative should address the ability of your firm to complete the required work in a professional and cost-effective manner. Additional Attachments (Required) Resumes with titles of key personnel who will be assigned to project must be submitted along with your firms’ proposals. Each resume shall be a maximum of two, 8 ½ “x 11” sheets in length and must highlight education, professional credentials, and work performance on projects similar to that described in this RFP/RFQ. A resume of the primary partner, as well as the resume(s) of key personnel must be included. Basis for Award of Contract/Agreement for Professional Services The Borough shall award all professional service contracts or agreements based on qualifications, knowledge and technical competence, experience performing similar work and other factors considered Fee Schedule Respondents shall submit a proposed hourly rate fee schedule for the period of January 1, 2026 through December 31, 2026. References Please provide a list of (3) three clients for whom similar risk management services have been provided. Include the following in your response: 1. Name of Client 5. Telephone Number 2. Address of Client 6. E-mail address 3. Contact Person’s Name 7. Dates Worked (time period worked with client) 4. Contact Person’s Title 16 EVALUATION, REVIEW AND SELECTION PROCESS Proposals to Remain Subject to Acceptance RFP/RFQ responses shall remain open for a period of sixty (60) calendar days from the stated submittal date. The Borough will either award the Contract within the applicable time period or reject all proposals. The Borough may extend the decision to award or reject all proposals beyond the sixty (60) calendar days when the proposals of any respondents who consent thereto may, at the request of the Borough, be held for consideration for such longer period as may be agreed. Rejection of Proposals The Borough reserves the right to reject any or all proposals, or to reject any proposals if the evidence submitted by, or investigation of such respondent fails to satisfy the Borough that such respondent is properly qualified to carry out the obligations of the RFP/RFQ and to complete the work contemplated therein. The Borough reserves the right to waive any minor informality in the RFP/RFQ. In the event that all proposals are rejected, the Borough reserves the right to start the process over from the beginning and re-solicit proposals. If No Proposals Are Received If no proposals are received after conducting the Fair and Open Process, the Committee will make a recommendation for the appointment of a professional to the governing body as permitted in N.J.S.A. 40A:11-6.1(a)(b). Notwithstanding the above, all professionals receiving awards based on this sub- section must comply with the limitations on contributions improved in the Borough’s Pay to Pay Ordinances. Evaluation Process An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements, determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria. The highest-ranking respondent will then be recommended to the governing body for award of contract. Evaluation Criteria The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not meant to imply order of importance in the selection process. All criteria will be used to select the successful Bidder. 1. Understanding of the Requested Work a. Completeness & responsiveness to the RFP/RFQ b. Compliance with instructions & requests c. Demonstrates clear understanding of Scope of Work 2. Knowledge and Technical Competence a. Education & training of employees b. Suitability to perform the required tasks 3. Management, Experience and Personnel Qualifications a. Project management team & their qualifications b. Additional resources available 17 c. Record of reliability & quality of service d. Experience performing similar work 4. Cost a. Explanation of costs (on Cost Sheet) b. Cost comparison c. Miscellaneous additional services costs Note: Price shall be based on hourly rates and schedules of fees submitted with the proposal. Any services not included as part of any resulting contract scope of services must be approved and authorized by the Borough before such work is initiated. The Borough shall pay for such approved services at the rate or cost agreed upon between the Borough and Bidder, provided the Bidder has provided a schedule of fees for additional services with this RFP/RFQ. Award The Borough reserves the right to conduct an interview or interviews with the prospective professional to discuss the scope of the professional services as outlined in the Bidder’s submission. Term of Contract: January 1, 2026 – December 31, 2026. The Professional Services Committee will select the Bidder(s) deemed most advantageous to the Borough, price and other factors considered. The Professional Services Committee’s selection is subject to the Mayor’s approval. Thereafter, the Mayor’s recommendation shall be forwarded to the governing body for approval. Once approved by the governing body by resolution, the contract between the Borough and the selected Bidder(s) shall be prepared. All awards are subject to availability of funds. Notice of Award The successful Bidder will be notified of the award of contract upon a favorable decision by the governing body. The Purchasing Agent may then send a Purchase Order/Voucher to the Bidder. Payment Payment will be made after a properly executed Borough voucher has been received and formally approved on the voucher list by the Borough Council at its subsequent regular meeting. The voucher will be certified correct by the department/division head who received the goods or services. Open Public Records Act (OPRA) All documents/information, except for OPRA’s Exemptions from Disclosure, submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. ****************************
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