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Request for Qualifications - Finance and Insurance
BID #: 17
ISSUED: 11/1/2024
DUE: 12/6/2024
VALUE: TBD
100
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Executive Summary
The City of Long Branch is soliciting qualifications for various professional services, including Financial Advisory Services, City Auditor and other Accounting/Auditing Services, and Insurance Broker Services. These qualifications are being sought through a Fair and Open process, as per N.J.S.A. 19:44A-20.5 et seq. Interested firms should submit their qualifications, including details on their experience, personnel, and cost proposals, in the required format. The deadline for submissions is December 5, 2024, at 11:00 A.M. All questions regarding the RFQ must be submitted in writing to the Purchasing Agent, and any addenda will be issued on the city's website, which respondents are responsible for monitoring.
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Bid Postings • Request for Qualifications - Finance and Insu Skip to Main Content Create a Website Account - Manage notification subscriptions, save form progress and more. Website Sign In Government Departments How Do I... Community Business Services Search Home Bid Postings Print Sign up to receive a text message or email when new bids are added! Print Bid Title: Request for Qualifications - Finance and Insurance Category: Purchasing Status: Closed Description: City of Long Branch Request for Qualifications Notice is hereby given that the City of Long Branch will receive Qualifications on Thursday December 5, 2024 at 11:00 A.M. in City of Long Branch, City Hall, 344 Broadway Avenue, Long Branch, New Jersey for the following professional services: FINANCIAL ADVISORY SERVICES CITY AUDITOR AND OTHER ACCOUNTING AND/OR AUDITING SERVICES INSURANCE BROKER SERVICES BROKER INSURANCE SERVICES FOR PROPERTY & CASUALTY INSURANCE PROGRAM Qualifications are being solicited through a Fair and Open process in accordance with N.J.S.A. 19:44A-20.5 et seq, and the Municipal Code of the City of Long Branch Requests for Qualifications (RFQ) may be obtained at the City of Long Branch 344 Broadway Avenue, Long Branch, New Jersey 07740, Attn: David Spaulding, Purchasing Agent, between the hours of 8:30 A.M. and 4:30 P.M. Monday through Friday or www.longbranch.org the City of Long Branch’s website. Qualification submissions may be mailed upon request by calling the Purchasing Agent’s office (732) 571-5656. All questions regarding the RFQ must be made in writing and directed to the Purchasing Agent. Questions may be faxed to (732) 222-1516. Submissions must be made in the form required by the specifications and one (1) original and one (1) electronic format (flash drive) copy must be delivered to reach the City Clerk prior to the time for the receipt of Qualification(s). All information requested in the Request for Qualifications must be provided or the submission may be disqualified. Submissions must be sealed and plainly marked on the outside of the sealed envelope to the services for which the Qualification is submitted. ** Any Addenda will be issued on the web-site. Therefore, all interested respondents should check the web-site from now through bid opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to this procurement . City of Long Branch reserves the right to reject any and all submissions, to waive any informality in the RFQ process, and to accept any submissions which, in their judgment, are most advantageous, price and other factors considered, and will best serve the interest of the City of Long Branch. Submitters are required to comply with the requirements of N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27, and the “ Pay to Play” ordinance of the City of Long Branch. David Spaulding Purchasing Agent City of Long Branch County of Monmouth Publication Date/Time: 11/1/2024 12:00 AM Closing Date/Time: 12/6/2024 12:00 AM Related Documents: RFQ Auditor 2025 RFQ CY 25 Broker Property Casualty Insurance RFQ CY 25 Financial Advisory Services RFQ Insurance 2025 102824 Return To Main Bid Postings Page Live Edit Agendas & Minutes Beach Information Newsletter Sign-up Meeting Live Stream Tax Payments Public Notices & Advertisements Long Branch, NJ The Friendly City Contact Us 344 Broadway Long Branch, NJ 07740 Phone: 732-222-7000 Monday through Friday 8:30 am to 4:30 pm Quick Links City Clerk Arts and Cultural Center Volunteer Inquiry Form Boards and Commissions Garbage and Recycling Elections and Voter Registration /QuickLinks.aspx Site Links Home Site Map Contact Us Accessibility Copyright Notices Privacy Policy /QuickLinks.aspx Government Websites by CivicPlus® Loading Loading Do Not Show Again Close Arrow Left Arrow Right [] Slideshow Left Arrow Slideshow Right Arrow
Document Text
--- Document: RFQ Auditor 2025 ---
CITY OF LONG
BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
CITY AUDITOR, AND OTHER ACCOUNTING AND/OR
AUDITING SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
DR. MARY JANE CELLI
MARIO VIEIRA
DR. ANITA VOOGT
PROPOSAL DUE DATE:
DECEMBER 5, 2024 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday December 5, 2024 at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
CITY AUDITOR AND OTHER ACCOUNTING AND/OR AUDITING
SERVICES
Qualifications are being solicited through a Fair and Open process in accordance with
N.J.S.A. 19:44A-20.5 et seq, and the Municipal Code of the City of Long Branch
Requests for Qualifications (RFQ) may be obtained at the City of Long Branch 344
Broadway Avenue, Long Branch, New Jersey 07740, Attn: David Spaulding, Purchasing
Agent, between the hours of 8:30 A.M. and 4:30 P.M. Monday through Friday or
www.longbranch.org the City of Long Branch’s website. Qualification submissions may
be mailed upon request by calling the Purchasing Agent’s office (732) 571-5656. All
questions regarding the RFQ must be made in writing and directed to the Purchasing
Agent. Questions may be faxed to (732) 222-1516. Submissions must be made in the
form required by the specifications and one (1) original and one (1) electronic format
(flash drive) copy must be delivered to reach the City Clerk prior to the time for the
receipt of Qualification(s). All information requested in the Request for Qualifications
must be provided or the submission may be disqualified. Submissions must be sealed and
plainly marked on the outside of the sealed envelope to the services for which the
Qualification is submitted.
**Any Addenda will be issued o the web-site. Therefore, all interested respondents
should check the web-site from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
City of Long Branch reserves the right to reject any and all submissions, to waive any
informality in the RFQ process, and to accept any submissions which, in their judgment,
are most advantageous, price and other factors considered, and will best serve the interest
of the City of Long Branch. Submitters are required to comply with the requirements of
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27, and the “Pay to Play” ordinance of the City of
Long Branch.
David Spaulding
Purchasing Agent
City of Long Branch
County of Monmouth
Proposals will be reviewed and award of the contract will be based upon the
following criteria:
Experience and reputation of the firm in providing New Jersey municipal
financial auditing and accounting services.(20) POINTS
Qualifications of the individuals who will perform the required services,
and their respective participation.(10) POINTS
Experience of the individuals as it relates to the particular expertise
required to perform the contract.(10) POINTS
Ability of the firm to perform the services on a timely basis, including
staffing and asset allocation, and familiarity with the subject matter.
(10) POINTS
Experience with or specific knowledge of the City of Long Branch as it
pertains to this contract. (20) POINTS
References from other municipal clients (10) POINTS
Cost consideration, including, but not limited to, fees and/or fee schedule
to be charged, fees paid by public entities of similar size and make-up for
comparable level of services, and, if applicable, cost that would be
incurred by the City to contract with a new firm (i.e. estimated cost for
current firm to review and close out all files, and new firm to review and
get up to speed on all open files). (20) POINTS
Request for Qualifications for 2025 Appointment of City Auditor
The City of Long Branch is requesting qualifications from accountants, licensed
as a Registered Municipal Accountant by State of New Jersey, to conduct an
audit of financial records of the City for the calendar year ending December 31,
2024, in accordance with New Jersey statutory requirements. The auditor will be
required to prepare and file the City’s Annual Financial Statement and Annual
Debt Statement with the New Jersey Department of Community Affairs, Division
of Local Government Services. Additionally, the successful firm may be required
to perform additional accounting and/or auditing services as may be required by
the City during the term of the contract, January 1, 2025 to December 31, 2025.
Qualifications submission must include all of the following:
1. Name of individual with RMA license applying for appointment as auditor
2. Name, address, phone and fax number of firm (if multiple office sites, list
all, and indicate corporate office).
3. Biography or history of the firm.
4. List of principals and/or partners of the firm.
5. List of personnel that would be assigned to Long Branch audit, including
a summary of their educations, licenses, qualifications, expertise and
experience as it relates to the services the City requires.
6. List of References from at least three municipalities for which firm has
provided similar services, including name, address, phone and contact
information.
7. Provide prior experience, if any, the firm may have in providing services
to the City of Long Branch, and in what capacity.
8. List of municipalities currently under contract with the firm.
9. Cost Proposal:
Provide a Lump Sum Fee for audit of 2024 financial records, and
preparation and filing of Financial and Debt Statements as outlined
in the paragraph above and in accordance with New Jersey
statutes, rules and regulations regarding annual audit of municipal
records.
Provide a fee schedule by name and title of the personnel that
would be assigned to perform any accounting/auditing services that
may be required by the City during the term of the contract.
10. Copy of current Certificate of Insurance for Professional Liability
Coverage.
One original and one (1) flash drive copy of the submission package must be
submitted to the City for consideration. In addition to the above required
information, firms must provide all documents indicated on the Submission
Package Check List. Failure to provide all required documents may result in the
proposal not being considered.
Additional Pay to Play Requirements
Contractors are advised of the responsibility to file an annual disclosure statement on
political contributions with the New Jersey Election Enforcement Commission, pursuant
to N.J.S.A. 19:44-20.13 (P.L. 2005, c, 271, s.3), if the contractor receives contracts in
excess of $50,000 in the aggregate from public entities during the calendar year. It is the
contractor’s responsibility to determine if filing is necessary. Additional information on
this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us .
CITY OF LONG BRANCH
DOCUMENT SUBMISSION CHECKLIST
REQUIRED
READ, SIGNED
& SUBMITTED
Yes
PROPOSAL AS REQUIRED IN RFQ
Yes
STOCKHOLDER DISCLOSURE CERTIFICATION
Yes
NON-COLLUSION AFFIDAVIT
Yes
AFFIRMATIVE ACTION QUESTIONAIRE
REVIEWED
Yes
MANDATORY AFFIRMATIVE ACTION LANGUAGE
Yes
AMERICANS WITH DISABLILITIES ACT OF 1990
Yes
N. J. BUSINESS REGISTRATION REQUIREMENTS
Yes
LONG BRANCH PAY TO PLAY ORDINANCE
Yes
DISCLOSURE INVESTMENT IN IRAN
STATEMENT OF OWNERSHIP
(OWNERSHIP DISCLOSURE CERTIFICATION)
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This Statement Shall Be Included with
All Bid and Proposal Submissions
Name of Business: ______________________________________________________
Address of Business: ____________________________________________________
Name of person completing this form: ______________________________________
N.J.S.A. 52:25-24.2:
"No corporation, partnership, or limited liability company shall be awarded any
contract nor shall any agreement be entered into for the performance of any work or
the furnishing of any materials or supplies, unless prior to the receipt of the bid or
proposal, or accompanying the bid or proposal of said corporation, said partnership,
or said limited liability company there is submitted a statement setting forth the
names and addresses of all stockholders in the corporation who own 10 percent or
more of its stock, of any class, or of all individual partners in the partnership who
own a 10 percent or greater interest therein, or of all members in the limited liability
company who own a 10 percent or greater interest therein, as the case may be.
If one or more such stockholder or partner or member is itself a corporation or
partnership or limited liability company, the stockholders holding 10 percent or more
of that corporation’s stock, or the individual partners owning 10 percent or greater
interest in that partnership, or the members owning 10 percent or greater interest in
that limited liability company, as the case may be, shall also be listed. The disclosure
shall be continued until names and addresses of every noncorporate stockholder, and
individual partner, and member, exceeding the 10 percent ownership criteria
established in this act, has been listed.
To comply with this section, a bidder with any direct or indirect parent entity which
is publicly traded may submit the name and address of each publicly traded entity and
the name and address of each person that holds a 10 percent or greater beneficial
interest in the publicly traded entity as of the last annual filing with the federal
Securities and Exchange Commission or the foreign equivalent, and, if there is any
person that holds a 10 percent or greater beneficial interest, also shall submit links to
the websites containing the last annual filings with the federal Securities and
Exchange Commission or the foreign equivalent and the relevant page numbers of the
filings that contain the information on each person that holds a 10 percent or greater
beneficial interest."
The Attorney General has advised that the provisions of N.J.S.A. 52:25-24.2, which refer to
corporations and partnerships apply to limited partnerships, limited liability partnerships, and
Subchapter S corporations.
This Ownership Disclosure Certification form shall be completed, signed and notarized.
Failure of the bidder/proposer to submit the required information is cause for
automatic rejection of the bid or proposal
Part I
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, sign and notarize at the end)
Non-Profit Corporation (skip Parts II and III, sign and notarize at the end)
PartnershipLimited Partnership
Limited Liability Partnership
Limited Liability Company
For-profit Corporation (including Subchapters C and S or Professional Corporation)
Other (be specific): ______________________________________________
Part II
I certify that the list below contains the names and addresses of all stockholders in
the corporation who own 10 percent or more of its stock, of any class, or of all
individual partners in the partnership who own a 10 percent or greater interest
therein, or of all members in the limited liability company who own a 10 percent
or greater interest therein, as the case may be.
OR
I certify that no one stockholder in the corporation owns 10 percent or more of its
stock, of any class, or no individual partner in the partnership owns a 10 percent
or greater interest therein, or that no member in the limited liability company
owns a 10 percent or greater interest therein, as the case may be.
Sign and notarize the form below, and, if necessary, complete the list below. (Please
attach additional sheets if more space is needed):
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Part III - Any Direct or Indirect Parent Entity Which is Publicly Traded:
“To comply with this section, a bidder with any direct or indirect parent entity which is
publicly traded may submit the name and address of each publicly traded entity and the name
and address of each person that holds a 10 percent or greater beneficial interest in the
publicly traded entity as of the last annual filing with the federal Securities and Exchange
Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or
greater beneficial interest, also shall submit links to the websites containing the last annual
filings with the federal Securities and Exchange Commission or the foreign equivalent and
the relevant page numbers of the filings that contain the information on each person that
holds a 10 percent or greater beneficial interest.”
Pages attached with name and address of each publicly traded entity as well as
the name and address of each person that holds a 10 percent or greater beneficial
interest.
OR
Submit here the links to the Websites (URLs) containing the last annual filings with
the federal Securities and Exchange Commission or the foreign equivalent.
__________________________________________________________
_________________________________________________________
AND
Submit here the relevant page numbers of the filings containing the information on
each person holding a 10 percent or greater beneficial interest.
_____________________________________________________
_____________________________________________________
Subscribed and sworn before me this ___ day of
___________________________ , 2 _______.
(Notary Public)
My Commission expires:
________________________________________
(Affiant)
________________________________________
(Print name of affiant and title if applicable)
(Corporate Seal if a Corporation)
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY
COUNTY OF _________________
I, ____________________________________ residing in ______________________________
(Name of municipality)
in the County of __________________ and State of ___________________________of full age,
being duly sworn according to law on my oath dispose and say that:
I, am ________________________________of the firm of ______________________________,
(Title or position)
(Name of firm)
the bidder making this Proposal for the bid proposal entitled _____________________________
(title of bid proposal)
_________________________, and that I executed the said proposal with full authority to do so,
that said bidder has not, directly or indirectly entered into any agreement, participated in any
collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with
the above named project; and that all statements contained in said proposal and in this affidavit
are true and correct, and made with full knowledge that the City of Long Branch relies upon the
truth of the statements contained in said Proposal, and in the statements contained in this
affidavit, in awarding the contract for the said project.
I further warrant that no person or selling agency has been employed or retained to solicit
or secure such contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, except bona fide employees or bona fide established commercial or
selling agencies maintained by ___________________________________.
(Name of firm)
____________________________________________
Subscribed and sworn to (signature of affiant)
Before me this day
___________________
____________________________________
(signature of notary)
My Commission expires:
REQUIRED EVIDENCE
AFFIRMATIVE ACTION REGULATION
P.L. 1975, C. 127 (N.J.A.C. 17:27)
If awarded a contract, all procurement and service contractors will be required to comply with the requirements of P.L. 1975, c. 127,
(N.J.A.C. 17:27). Within seven (7) days after receipt of the notification of intent to award the contract or receipt of the contract,
whichever is sooner, the contractor should present one of the following to the Purchasing
Agent.
1.
A photocopy of a valid letter from the U.S. Department of Labor that the contractor has an existing federally-
approved or sanctioned Affirmative Action Plan (good for one year from the date of the letter).
OR
2.
A photocopy of approved Certificate of Employee Information Report from the
State of New Jersey.
OR
3. An Affirmative Action Employee Information Report (Form AA302).
OR
4. All successful construction contractors must submit, within three days (3) of
the signing of the contract, an Initial Project Manning Report (AA201) for any
contract award that meets or exceeds the Public Agency bidding threshold
(available upon request).
NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION
REGULATIONS OF P.L. 1975, C. 127.
The following questions must be answered by all bidders:
1. Do you have a federally-approved or sanctioned Affirmative Action Program?
___Yes ___No if yes, please submit copy of such approval.
2. Do you have a Certificate of Employee Information Report Approval?
___Yes ___No if yes, please submit copy of such certificate.
The undersigned contractor certifies that he is aware of the commitment to comply with the
requirements of P.L. 1975, c. 127, and agrees to furnish the required documentation pursuant to law.
COMPANY: _________________________________________
SIGNATURE: _______________________________________
TITLE: ______________________________________________
NOTE: A CONTRACTOR’S BID MUST BE REJECTED AS NON-RESPONSIVE IF A CONTRACTOR FAILS TO
COMPLY WITH REQUIREMENTS OF P.L.1975, C. 127, WITHIN THE REQUIRED TIME FRAME.
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
(REVISED 10/08)
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate
against any employee or applicant for employment because of age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex. Except
with respect to affectional or sexual orientation and gender identity or
expression, the contractor will ensure that equal employment opportunity is
afforded to such applicants in recruitment and employment, and that
employees are treated during employment, without regard to their age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex. Such
equal employment opportunity shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Public Agency
Compliance Officer setting forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or
workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A.
10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to afford equal employment opportunities to minority and women workers
consistent with Good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2, or Good faith
efforts to meet targeted county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment
agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue
the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the
principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable
Federal law and applicable Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading,
downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the
State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the
following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment
Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public
agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for
conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The CONTRACTOR and the OWNER do hereby agree that the provisions of Title II of the American
With Disabilities Act of 1990 (the “ACT”) (42 U.S.C. S12101 et seq.), which prohibits discrimination on
the basis of disability by public entities in all services, programs, and activities provided or made available
by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this
contract. In providing any aid, benefit, or service on behalf of the OWNER pursuant to this contract, the
CONTRACTOR agrees that the performance shall be in strict compliance with the Act. In the event that
the Contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the
Act during the performance of this contract, the CONTRACTOR shall defend the OWNER in any action or
administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and
save harmless the OWNER, its agents, servants, and employees from and against any and all suits, claims,
losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged
violation. The CONTRACTOR shall, at its own expense, appear, defend, and pay any and all charges for
legal services and any and all costs and other expenses arising from such action or administrative
proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the OWNER
grievance procedure, the CONTRACTOR agrees to abide by any decision of the OWNER which is
rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the OWNER or if the
OWNER incurs any expense to cure a violation of the ADA which has been brought pursuant to its
grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense.
The OWNER shall, as soon as practicable after a claim has been made against it, give written notice
thereof to the CONTRACTOR along with full and complete particulars of the claim. If any action or
administrative proceedings is brought against the OWNER or any of its agents, servants, and employees,
the OWNER shall expeditiously forward or have forwarded to the CONTRACTOR every demand,
complaint, notice, summons, pleading, or other process received by the OWNER or its representatives.
It is expressly agreed and understood that any approval by the OWNER of the services provided by the
CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply
with the Act and to defend, indemnify, protect, and save harmless the OWNER pursuant to this paragraph.
It is further agreed and understood that the OWNER assumes no obligation to
indemnify or save harmless the CONTRACTOR, its agents, servants, employees and
subcontractors for any claim which may arise out of their performance of this Agreement.
Furthermore, the CONTRACTOR expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the CONTRACTOR’S obligations
assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR
from any liability, nor preclude the OWNER from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
CONTRACT LANGUAGE FOR
BUSINESS REGISTRATION CERTIFICATE COMPLAINCE
For Procurement (Goods and Services) Contracts
(Including Purchase Orders)
N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that
knowingly provide goods or perform services for a contractor fulfilling this contract: 1) the contractor
shall provide written notice to its subcontractors to submit proof of business registration to the contractor;
2) prior to receipt of final payment from the contracting agency, a contractor must submit to the contracting
agency an accurate list of all subcontractors or attest that none was used; 3) during the term of this contract,
the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates
that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant
to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property
delivered into this State.
A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false
business registration information shall be liable to a penalty or $25 for each day of violation, not to exceed
$50,000 for each business registration not properly provided or maintained under a contract with the
contracting agency. Information of the law and its requirements is available by calling (609)292-9292.
For Construction Contracts
N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that
knowingly provide goods or perform services for a contractor fulfilling this contract:
1)
The contractor shall provide written notice to its subcontractors and suppliers to submit proof of
business registration to the contractor;
2)
Subcontractors through all tiers of a project must provide written notice to their subcontractors and
suppliers to submit proof of business registration and subcontractors shall collect proofs of
business registration and maintain them on file;
3)
Prior to receipt of final payment from a contracting agency, a contractor must submit to the
contracting agency an accurate list of all subcontractors and suppliers or attest that none was used;
and,
4)
During the term of this contract, the contractor and its affiliates shall collect and remit, and shall
notify all subcontractors and their affiliates that they must collect and remit, to the Director, New
Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A.
52:32B-1 et seq.) on all sales of tangible personal property delivered into this State.
A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false
business registration information shall be liable to a penalty or $25 for each day of violation, not to exceed
$50,000 for each business registration not properly provided or maintained under a contract with the
contracting agency. Information of the law and its requirements is available by calling (609)292-9292.
For more information, or to register online, go to http://www.nj.gov/treasury/revenue/taxreg.htm
Long Branch, New Jersey
ORDINANCE NO. 18-05
AN ORDINANCE TO AMEND AND SUPPLEMENT ORDINANCE NO. 13-05,
KNOWN AS “AN ORDINANCE REQUIRING PUBLIC CONTRATING REFORM,
AND AMENDING AND SUPPLEMENTING THE ‘REVISED GENERAL
ORDINANCES OF THE CITY OF LONG BRANCH, NEW JERSEY’
ACCORDINGLY,” AS ADOPTED ON MAY 10, 2005.
WHEREAS, on May 10, 2005, the City of Long Branch adopted Ordinance No. 13-05, known as “An
Ordinance Requiring Public Contracting Reform, and Amending and Supplementing the ‘Revised General Ordinances
of the City of Long Branch, New Jersey’ Accordingly” (the “Ordinance”); and
WHEREAS, the Ordinance places certain limitations upon the annual amount(s) of contributions that
professionals may make to the political campaigns of the local elected officials who are ultimately responsible for the
award of discretionary no-bid contracts for municipal professional services; and
WHEREAS, the intention of the Ordinance is to ensure trust in the process of local government, if not the
quality or cost of services received, and to minimize any perceptions or concerns on the part of the public that
discretionary no-bid contracts for municipal professional services are being awarded to professionals as a reward for
having made substantial political contributions, or that the award of such contracts was influenced, even to a minor
degree, by the payment of such contributions; and
WHEREAS, it is hereby found and declared that the practice of “wheeling,” whereby one political
organization channels campaign donations to another political organization with the intention to conceal or
misrepresent the source of the contribution, may be utilized as a loophole to circumvent the proscriptions contained
within the Ordinance; and
WHEREAS, the City Council of the City of Long Branch, in a continuing effort to ensure the integrity of the
award of public professional service contracts, has therefore determined that it would be in the best interests of the
City, and its residents, to amend the Ordinance in an attempt to curb the practice known as “wheeling;” and
WHEREAS, the City Council of the City of Long Branch also wishes to take this opportunity to clarify the
“arbitration” provision referenced in Section 3(c) thereof; and
WHEREAS,
the City Council of the City of Long Branch finds that it is in the best interest of the City
and its residents to require that a contribution of more than fifty dollars ($50.00) received by a candidate be reported in
the manner set forth by the laws and regulations of the State of New Jersey.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, that Ordinance No. 13-05, known as “An
Ordinance Requiring Public Contracting Reform, and Amending and Supplementing the ‘Revised General Ordinances
of the City of Long Branch, New Jersey’ Accordingly,” which was adopted on May 10, 2005, is hereby amended and
supplemented as follows:
SECTION 1
Prohibition on Awarding Professional Contracts to Certain Contributors
(a)
The City of Long Branch shall not enter into an agreement for professional services with any individual
and/or professional business entity if that individual or entity has solicited or made any contribution of
money or pledge of a contribution including in-kind contributions, to a campaign of any City of Long Branch
candidate for Council or Mayor, in excess of the threshold specified in subsection (d) of this Section within
one calendar year immediately preceding the date of the contract or agreement unless cured pursuant to
Section 3. The prohibition set forth in this Paragraph shall also apply to any solicitation or contribution of
money or pledge of a contribution including in-kind contributions made during the applicable time period to
any City of Long Branch or Monmouth County Party Committee, or to any political action committee (PAC)
that is organized for the primary purpose of promoting or supporting City of Long Branch candidates for
Council or Mayor, so long as the solicitation or contribution was made with the intention on the part of the
contributor to conceal or misrepresent the source of the contribution.
(b)
No professional business entity which enters into negotiations for, or agrees to, any contact or agreement
with the municipality or any department or agency thereof or any of its independent authorities for the
rendition of professional services shall knowingly solicit or make any contribution of money, or pledge of a
contribution, including in-kind contributions, to any City of Long Branch candidate or holder of public
office having ultimate responsibility for the award of the contract, in excess of the amount set forth herein.
This Section is to include any and all professionals who provide political contributions to any candidate for
an office whether or not that candidate is presently in office or seeks office. The prohibition set forth in this
Paragraph shall also apply to any solicitation or contribution of money or pledge of a contribution including
in-kind contributions to any City of Long Branch or Monmouth County Party Committee, or to any political
action committee (PAC) that is organized for the primary purpose of promoting or supporting City of Long
Branch candidates for Council or Mayor, so long as the solicitation or contribution was made with the
intention on the part of the contributor to conceal or misrepresent the source of the contribution.
(c)
For purpose of this ordinance, a “professional business entity” seeking a public contract means an individual
including the individual’s spouse, if any, and any child living at home; person; firm; corporation,
professional corporation; partnership; organization; or association. The definition of a business entity
includes all principals who own ten percent (10%) or more of the equity in the corporation or business trust,
partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled
by the business entity.
(d)
Any individual meeting the definition of “professional business entity” under this section may annually
contribute a maximum of five hundred dollars ($500.00) per candidate for Mayor and/or Council Member on
an annual basis whether or not that individual has a professional services contract in place or not to the
maximum extent of three thousand dollars ($3,000) per annum per business entity. This section shall apply
to any presently sitting Councilperson and/or the Mayor of the City of Long Branch and shall also apply to
any individual who seeks to run for the office of Council person and/or Mayor of the City of Long Branch.
(i)
Any individual that owns less than ten (10%) percent of a professional business entity which
contracts with the City of Long Branch shall not be treated as a part of that entity.
(e)
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the
contract shall be:
(1)
The City of Long Branch, if the contract requires approval or appropriation from the Council.
(2)
The Mayor of the City of Long Branch, if the contract requires approval of the Mayor, or if a
public officer who is responsible for the award of a contract is appointed by the Mayor.
SECTION 2
Contributions Made Prior to Effective Date
No contribution of money or any other thing of value, including in-kind contributions, made by a professional
business entity to any municipal candidate for Mayor or Council, or to any municipal or county party committee, or to
any political action committee (PAC) that is organized for the primary purpose of promoting or supporting City of
Long Branch candidates for Council or Mayor, shall be deemed a violation of this section, nor shall an agreement for
property, good or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the
professional business entity prior to the effective date of this section.
SECTION 3
Penalty
(a)
All City of Long Branch professional service agreements shall provide that it shall be a breach of
the terms of the government contract for a professional business entity as defined in Section 1(c) to violate Section 1(b)
or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through
intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
(b)
Any professional business entity as defined in Section 1(c) and (d) who knowingly fails to reveal a
contribution made in violation of this Act, or who knowingly makes or solicits contributions through intermediaries for
the purpose of concealing or misrepresenting the source of the contribution, shall be subjected to a fine in the sum of
$2,500 so far as the first offense and for any second offense, shall be disqualified from eligibility for future City of
Long Branch contracts for a period of four calendar years from the date of the violation.
(c)
There shall be no breach of contract in the event a contribution is questioned and as a result of the
questioning of the contribution the individual and/or business entity who makes the contribution requests that the
contribution be returned by the campaign committee, the candidate or the political action committee to whom such
contribution was made. In the event of any disputes as to whether or not a campaign contribution is proper the matter
shall be submitted to arbitration before a retired Judge of the Superior Court of New Jersey.
SECTION 4
Reporting Requirements
Any contribution received by a candidate committee, joint candidates committee, or political committee,
during an election fund report period of more than fifty dollars ($50.00) or aggregate contributions received by such a
committee in an election from a contributor totaling more than fifty dollars ($50.00) during such a report period shall
be reported by providing the information set forth in N.J.A.C. 19:25-10.2
SECTION 5
Severability
If any provision of this law, or the application of any such provision to any person or circumstances, shall be
held invalid, the remainder of this law to the extent it can be given effect, or the application of such provision to
persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this extent the
provisions of this law are severable.
SECTION 6
Effective Date
This Ordinance shall take effect immediately upon final passage and publication in accordance with the law.
SECTION 7
Repealer
All other Ordinance or parts of Ordinances inconsistent herewith are hereby repealed to the extent of
such inconsistency.
Introduced: 6/14/05
Adopted: 6/28/05
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
OPS Number: _____________ Proposer: __________________________________
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise
proposes to
enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that
the
person or entity, or one of the person or entity's parents, subsidiaries, or affiliates, is not identified on a list
created
and maintained by the New Jersey Department of the Treasury as a person or entity engaging in investment
activities in Iran. If the Director finds a person or entity to be in violation of the principles which are the
subject of
this law, s/he shall take 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 person or entity.
I certify, pursuant to Public Law 2012, c. 25, that the person or entity listed above for which I am
authorized
to submit a proposal:
is not providing goods or services of $20,000,000 or more in the energy sector of Iran, including a
person
or entity that provides oil or liquefied natural gas tankers, or products used to construct or maintain
pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran,
AND
is not a financial institution that extends $20,000,000 or more in credit to another person or entity, for
45
days or more, if that person or entity will use the credit to provide goods or services in the energy sector in
Iran.
In the event that a person or entity is unable to make the above certification because it or one of its
parents,
subsidiaries, or affiliates has engaged in the above-referenced activities, a detailed, accurate and
precise
description of the activities must be provided in part 2 below to the New Jersey Turnpike Authority
under
penalty of perjury. Failure to provide such will result in the proposal being rendered as non-
responsive and
appropriate penalties, fines and/or sanctions will be assessed as provided by law.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES
IN
IRAN
You must provide a detailed, accurate and precise description of the activities of the proposer, or one
of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by
completing
the boxes below.
Name:_____________________________________ Relationship to
Proposer:_____________________________
Description of
Activities:________________________________________________________________________
______________________________________________________________________________________
_______
Duration of Engagement:_______________________ Anticipated Cessation
Date:__________________________
Proposer Contact Name:______________________________ Contact Phone
Number:_______________________
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and
any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute
this
certification on behalf of the above-referenced person or entity. I acknowledge that the State of New Jersey is
relying on
the information contained herein and thereby acknowledge that I am under a continuing obligation from the
date of this
certification through the completion of any contracts with the State to notify the State in writing of any changes
to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a
false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal
prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey
and that
the State at its option may declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):_________________________________
Signature:____________________________
Title: __________________________________Date: __________________________________
--- Document: RFQ CY 25 Broker Property Casualty Insurance ---
CITY OF LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
BROKER INSURANCE SERVICES FOR PROPERTY & CASUALTY
INSURANCE PROGRAM
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
DR. MARY JANE CELLI
MARIO VIEIRA
DR. ANITA VOOGT
PROPOSAL DUE DATE:
DECEMBER 5, 2024 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on Thursday
December 5, 2024 at 11:00 A.M. in City of Long Branch, City Hall, 344 Broadway Avenue, Long
Branch, New Jersey for the following professional services:
INSURANCE BROKER SERVICES FOR PROPERTY CASUALTY PROGRAM
Qualifications are being solicited through a Fair and Open process in accordance with N.J.S.A.
19:44A-20.5 et seq, and the Municipal Code of the City of Long Branch Requests for Qualifications
(RFQ) may be obtained at the City of Long Branch 344 Broadway Avenue, Long Branch, New Jersey
07740, Attn: David Spaulding, Purchasing Agent, between the hours of 8:30 A.M. and 4:30 P.M.
Monday through Friday or www.longbranch.org the City of Long Branch’s website. Qualification
submissions may be mailed upon request by calling the Purchasing Agent’s office (732) 571-5656. All
questions regarding the RFQ must be made in writing and directed to the Purchasing Agent. Questions
may be faxed to (732) 222-1516. Submissions must be made in the form required by the specifications
and one (1) original and one (1) electronic format (flash drive) copy must be delivered to reach the
City Clerk prior to the time for the receipt of Qualification(s). All information requested in the Request
for Qualifications must be provided or the submission may be disqualified. Submissions must be
sealed and plainly marked on the outside of the sealed envelope to the services for which the
Qualification is submitted.
**Any Addenda will be issued o the web-site. Therefore, all interested respondents should check
the web-site from now through bid opening. It is the sole responsibility of the respondent to be
knowledgeable of all addenda related to this procurement. City of Long Branch reserves the right
to reject any and all submissions, to waive any informality in the RFQ process, and to accept any
submissions which, in their judgment, are most advantageous, price and other factors considered, and
will best serve the interest of the City of Long Branch. Submitters are required to comply with the
requirements of N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27, and the “Pay to Play” ordinance of the City
of Long Branch.
David Spaulding
Purchasing Agent
City of Long Branch
County of Monmouth
GENERAL INFORMATION & SUMMARY
ORGANIZATION REQUESTING QUALIFICATIONS
CITY OF LONG BRANCH
344 BROADWAY
LONG BRANCH, NEW JERSEY 07740
CONTACT PERSON
DAVID SPAULDING, PURCHASING AGENT
CITY HALL
344 BROADWAY
LONG BRANCH, NEW JERSEY 07740
(732) 571-5655
PURPOSE OF REQUEST
The City of Long Branch is requesting submissions from qualified individuals and firms to
provide insurance brokerage and other services of a specialized nature to the City of Long Branch,
which shall include, but not be limited to the provisions of insurance policies with the Property
and Casualty Insurance programs placed with a Joint Insurance Fund.
Submissions will be evaluated in accordance with the criteria set forth in this RFQ. One or more
individuals/firms may be selected to provide services.
PERIOD OF CONTRACT
January 1, 2025 through December 31, 2025
CONTRACT FORM
The successful submitter shall be required to execute the City’s form contract, which includes the
Indemnification, insurance, termination and licensing provisions. A complete copy of a draft City
form contract is available upon request.
It is also agreed and understood that the acceptance of the final payment by Contractor shall be
considered a release in full of all claims against the City arising out of, or by reason of, the work
done and materials furnished under this Contract.
1.
NATURE/ SCOPE OF SERVICES – The City of Long Branch is requesting submissions for
insurance brokerage services for aspects of the City’s Property and Casualty Insurance Program
under the Business Administrator as assigned. Insurance brokers will have a close working
relationship with the Business Administrator, City Finance Director and City Attorney.
The insurance consultant/broker will be required to perform, as applicable, but not limited to,
the following services:
a.
Assistance with the development of long-range insurance strategies;
b.
Management of aspects of Long Branch City’s insurance program for which the broker
is retained;
c.
Review of insurance policies and contracts to ensure adequate coverage for which the
broker is retained;
d.
Recommendations and assistance in the procurement of insurance coverage, including
preparation of any required RFP’s;
e.
Analysis of proposals in connection with insurance procurement, including, but not
limited to, establishing selection criteria, recommending marketplaces, evaluation of
proposals and involvement in the selection process;
f.
Identification and analysis of risks arising out of current and future operations;
g.
Preparation of specifications for quotations every three (3) years or sooner, as required
by the City;
h.
Loss Control and Safety Review Services as applicable;
i.
Coordination of appraisals of physical assets to determine proper insurable values,
limits required and special terms required by the City as required;
j.
Continuous review and analysis of loss information from current and prior insurance
companies and presentation of findings to the City;
k.
Review of contracts for insurance compliance;
l.
Acting as liaison between the City and insurance carriers, brokers, providers, or
claimants;
m.
Monitoring, review and presentation of data to help manage claims on all current and
future policies;
n.
Review and analysis of rating classifications on various insurance contracts to
determine the most beneficial ones to utilize;
o.
Continuous review and analysis of insurance coverage and policies to keep up with
industry changes, continuing operations and growth;
p.
Research and analysis of alternatives to current risk funding mechanisms to meet the
changing needs of the City;
q.
Preparation of all certificates of insurance, automobile identification cards and other
required documents within 24 hours of the City’s request;
r.
Notification of City staff as to local, state and federal regulations and recommendations
for compliance as required;
s.
Participation in on-going meetings with City staff to review losses, safety
recommendations, government regulations, insurance requirements, etc.;
t.
Review of audits of current and previous policies for accuracy and potential premium
savings;
u.
Performance of self-insurance feasibility studies where applicable and
recommendations to City staff;
v.
Identification of areas of risk and the associated strengths and weaknesses of the City to
manage those risks;
w.
Assistance in the development of alternative strategies to reduce risk to assets and
resources;
x.
Consultation as to the probable impact of strategies elected by the City;
y.
Provision of monitoring feedback via loss runs and associated analysis to verify the
adequacy of the controls selected as well as checks for negative trends which may
require corrective action;
3.
STANDARD REQUIREMENTS OF TECHNICAL QUALIFICATIONS - Submitters
should submit technical qualifications which contain the following:
a.
The name of the submitter, the principal place of business and, if different, the place where
the services will be provided;
b. Submitter must have a minimum of fifteen (15) years of experience in insurance
consulting/brokerage and a minimum of five (5) years servicing the Municipalities End
Joint Insurance Funds.
c.
The education, qualifications, experience, and training of all persons who would be
assigned to provide services along with their names and titles. The submitter MUST
possess both an Agency License and Individual Licenses for those persons who would be
assigned to provide services to the City from the New Jersey Department of Banking
Insurance.
d. A listing of all other engagements where services of the types being proposed were
provided in the past five (5) years. This should include other City governments and other
levels of government. Contact information for the recipients of the similar services must be
provided. The City may obtain references from any of the parties listed;
e. A description of all other areas of insurance consulting/brokerage of the submitter, with
emphasis on a description of those services of interest to a government client;
f.
A statement that neither the firm nor any individuals assigned to this engagement are
disbarred, suspended, or otherwise prohibited from professional practice by any federal,
state, or local agency;
g. An Affirmative Action Statement
h. A completed Non-Collusion Affidavit
i.
A statement that the submitter will comply with the General Terms and Conditions required
by City and enter into the City’s standard Professional Services Contract;
j.
A copy of the proposer’s Business Registration Statement.
k. A completed Partnership Disclosure Statement
4.
COST ANALYSIS - Submitters should submit a cost analysis which would include any
proposed retainer, the services to be provided for the retainer, if services will be provided at a
flat rate, if all or any services will be billed through hourly rates and what are the established
rate(s). The City does not provide payment for or reimbursement for travel expenses.
5.
SUBMISSION EVALUATION – The City will select the most advantageous submissions
based on all of the evaluation factors set forth at the end of this RFQ. The City will make the
award(s) that is in the best interest of the City.
Each submission must satisfy the objectives and requirements detailed in this RFQ. The
successful submitter shall be determined by an evaluation of the total contents of the
qualifications submitted. The City reserves the right to:
a.
Not select any of the submissions;
b. Select only portions of a particular submitter’s qualifications for further consideration;
(However, submitters may specify portions of the qualification submission they consider
“bundled”.)
c.
Award a contract for the requested services at any time within 90 days of the selection of the
most advantageous proposal; every submission should be valid through this time period.
The City shall not be obligated to explain the results of the evaluation process to any submitter.
The City may require submitters to demonstrate any services described in their submission
prior to award.
6.
SUBMISISON LIMITATIONS - This RFQ is not intended to be an offer, order or contract
and should not be regarded as such, nor shall any obligation or liability be imposed on the City
by issuance of this RFQ. The City reserves the right at the City’s sole discretion to refuse any
proposal submitted.
7.
USE OF INFORMATION - Any specifications, drawings, sketches, models, samples, data,
computer programs, documentation, technical or business information and the like
(“Information”) furnished or disclosed by the City to the submitter in connection with this RFQ
shall remain the property of the City. When in tangible form, all copies of such information
shall be returned to the City upon request. Unless such information was previously known to
the submitter, free of any obligation to keep it confidential, or has been or is subsequently made
public by the City or a third party, it shall be held in confidence by the submitter, shall be used
only for the purposes of this RFQ, and may not be used for other purposes except upon such
terms and conditions as may be mutually agreed upon in writing.
8.
GENERAL TERMS AND CONDITIONS –
a.
The City reserves the right to reject any or all submissions, if necessary, or to waive any
informalities in the submissions, and, unless otherwise specified by the submitter, to accept
any item, items or services in the submissions should it be deemed in the best interest of the
City to do so.
b. In case of failure by the successful submitter, the City of Long Branch may procure the
articles or services from other sources, deduct the cost of the replacement from money due
to the submitter under the contract and hold the submitter responsible for any excess cost
occasioned thereby.
c.
The submitter shall maintain sufficient insurance to protect against all claims under
Workmen's Compensation, General, Professional and Automobile Liability. The submitter
shall also maintain Errors & Omissions insurance.
d. Each submission must be signed by the person authorized to do so.
e.
The contract shall be in effect through December 31, 2025, unless otherwise stated.
f.
Sealed submissions may be hand delivered or mailed consistent with the provisions of the
legal notice to submissions. In the case of mailed submissions, the City assumes no
responsibility for submissions received after the designated date and time and will return
late submissions unopened. Submissions will not be accepted by facsimile or e-mail.
g. In accordance with Affirmative Action Law, P.L. 1975, c.127 (N.J.A.C. 17:27) with
implementation of July 10, 1978, successful submitters must agree to submit individual
employer certifications and number or complete Affirmative Action employee information
report (form AA-302). Also, during the performance of this contract, the contractor agrees
as follows: (a) The contractor or subcontractor where applicable, will not discriminate
against any employee because of age, race, creed, color, national origin, ancestry, marital
status or affectional or sexual orientation. The contractor will take affirmative action to
ensure that such applicants are recruited and employed and that employees are treated
during employment, without regard to their age, race, creed, color, national origin, ancestry,
marital status, sex or handicap. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and section
for training, including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notice to be provided by the Public
Agency Compliance Officer setting forth provisions of this non-discrimination clause: (b)
the contractor or subcontractor, where applicable, will in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that all qualified applicants
will receive consideration for employment without regard to age, race, creed, color,
national origin, ancestry, marital status, sex or handicap; (c) the contractor or subcontractor,
where applicable, will send to each labor Long Branch or representative or workers with
which it has a collective bargaining agreement or other contract or understanding, a notice,
to be provided by the agency contracting officer advising the labor Long Branch or
worker's representative of the contractor's commitments under this act and shall post copies
of the notice; (d) the contractor or subcontractor, where applicable, agrees to comply with
any regulations promulgated by the treasurer pursuant to the P.L. 1975, c.127, as amended
and supplemented from time to time.
h. By submission of qualifications, the submitter certifies that the service to be furnished will
not infringe upon any valid patent, trademark or copyright and the successful submitter
shall, at its expense, defend any and all actions or suits charging such infringement, and
will save the City harmless in any case of any such infringement.
i.
No submitter shall influence, or attempt to influence, or cause to be influenced, any City
officer or employee to use his/her official capacity in any manner which might tend to
impair the objectivity or independence of judgment of said officer or employee.
j.
No submitter shall cause or influence, or attempt to cause or influence, any City officer or
employee to use his/her official capacity to secure unwarranted privileges or advantages for
the submitter or any other person.
k. Should any difference arise between the contracting parties as to the meaning or intent of
these instructions or specifications, the City’s Attorney decision shall be final and
conclusive.
l.
The City of Long Branch shall not be responsible for any expenditure of monies or other
expenses incurred by the proposer in making its submission.
m. The checklist, affidavits, notices and the like presented at the end of this Request for
Qualifications are a part of this Request for Qualifications and shall be completed and
submitted as part of this submission.
END OF GENERAL INSTRUCTIONS
BASIS OF AWARD
(To be completed by City evaluation committee)
EVALUATION FACTORS
A.
Relevance and Extent of Qualifications, Experience, Reputation and Training of
Personnel to be assigned (20 Points)
B.
Knowledge of the City of Long Branch and the subject matter to be addressed under
this engagement (20 Points)
C.
Relevance and Extent of Similar Engagements performed (20 Points)
D.
Technical Qualifications contains all required information (20 points)
E.
Reasonableness of Cost Analysis (20 Points)
REQUEST FOR QUALIFICATIONS CHECKLIST
THIS CHECKLIST MUST BE COMPLETED AND SUBMITTED WITH YOUR
QUALIFICATION PACKAGE:
Please initial below, indicating that your proposal includes the itemized document.
INITIAL BELOW
A. An original signed copy and digital of your complete qualifications.
__________
B. Non-Collusion Affidavit properly notarized
__________
C. Authorized signatures on all forms.
__________
D. Business Registration Certificate(s)
__________
E. Affirmative Action Statement
__________
F. Statement of Ownership __________
G. Iran Disclosure __________
THE UNDERSIGNED HEREBY ACKNOWLEDGES
THE ABOVE LISTED REQUIREMENTS.
NAME OF SUBMITTER:
_________________________________________________________________________________
Person, Firm or Corporation
BY:
___________________________________________________________________________
(NAME)
(TITLE)
EXHIBIT A
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
Goods, Professional Services and General Service Contracts
(Mandatory Affirmative Action Language)
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation or sex. Except with respect to affectional or sexual orientation, the contractor will take affirmative
action to ensure that such applicants are recruited and employed, and that employees are treated during
employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional
or sexual orientation or sex. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be provided by the
Public Agency Compliance Officer setting for the provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or
sexual orientation or sex.
The contractor or subcontractor, where applicable, will send to each labor Long Branch or representative or
workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor Long Branch or workers' representative of the
contractor's commitments under this act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the
Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers
consistent with the applicable City employment goals established in accordance with N.J.A.C. 17:27-5.2 or a
binding determination of the applicable City employment goals determined by the Division, pursuant to
N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but
not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not
discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation or sex, and that it will discontinue the use of any recruitment agency which engages in direct or
indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel
testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the
State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures
relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age,
creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex, consistent with the
statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court
decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and
services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Contract
Compliance and EEO as may be requested by the Division from time to time in order to carry out the purposes of
these regulations, and public agencies shall furnish such information as may be requested by the Division of Contract
Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code
at N.J.A.C. 17:27.
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY
COUNTY OF
ss:
I AM
___________________________________________
OF THE FIRM OF
_____________________________________
UPON MY OATH, I DEPOSE AND SAY:
1.
THAT I EXECUTED THE SAID SUBMISISON WITH FULL AUTHORITY SO TO DO;
2.
THAT THIS SUBMITTER HAS NOT, DIRECTLY OR INDIRECTLY ENTERED INTO ANY
AGREEMENT, PARTICIPATED IN ANY COLLUSION, OR OTHERWISE TAKEN ANY
ACTION IN RESTRAINT OF FAIR AND OPEN COMPETITION IN CONNECTION WITH
THIS ENGAGEMENT;
3.
THAT ALL STATEMENTS CONTAINED IN SAID PROPOSAL AND IN THIS AFFIDAVIT ARE
TRUE AND CORRECT, AND MADE WITH FULL KNOWLEDGE T H A T THE CITY OF
LONG BRANCH RELIES UPON THE TRUTH OF THE STATEMENTS CONTAINED IN
SAID PROPOSAL AND IN THE STATEMENTS CONTAINED IN THIS AFFIDAVIT IN
AWARDING THE CONTRACT FOR THE SAID ENGAGEMENT; AND
4.
THAT NO PERSON OR SELLING AGENCY HAS BEEN EMPLOYED TO SOLICIT OR SECURE
THIS ENGAGEMENT AGREEMENT OR UNDERSTANDING FOR A COMMISSION,
PERCENTAGE, BROKERAGE OR CONTINGENT FEE, EXCEPT BONA FIDE EMPLOYEES
OR BONA FIDE ESTABLISHED COMMERCIAL SELLING AGENCIES OF THE
SUBMITTER. (N.J.S.A.52: 34-25)
SUBSCRIBED AND SWORN TO
BEFORE ME THIS
DAY
OF_______________ 200 .
______________________________________
(Type or Print Name of Affiant Under Signature)
Notary Public of
My Commission Expires:
___________, 20_____.
STATEMENT OF OWNERSHIP
(OWNERSHIP DISCLOSURE CERTIFICATION)
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This Statement Shall Be Included with
All Bid and Proposal Submissions
Name of Business: ______________________________________________________
Address of Business: ____________________________________________________
Name of person completing this form: ______________________________________
N.J.S.A. 52:25-24.2:
"No corporation, partnership, or limited liability company shall be awarded any contract nor shall
any agreement be entered into for the performance of any work or the furnishing of any materials
or supplies, unless prior to the receipt of the bid or proposal, or accompanying the bid or proposal
of said corporation, said partnership, or said limited liability company there is submitted a
statement setting forth the names and addresses of all stockholders in the corporation who own 10
percent or more of its stock, of any class, or of all individual partners in the partnership who own a
10 percent or greater interest therein, or of all members in the limited liability company who own a
10 percent or greater interest therein, as the case may be.
If one or more such stockholder or partner or member is itself a corporation or partnership or
limited liability company, the stockholders holding 10 percent or more of that corporation’s stock,
or the individual partners owning 10 percent or greater interest in that partnership, or the members
owning 10 percent or greater interest in that limited liability company, as the case may be, shall
also be listed. The disclosure shall be continued until names and addresses of every noncorporate
stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria
established in this act, has been listed.
To comply with this section, a bidder with any direct or indirect parent entity which is publicly
traded may submit the name and address of each publicly traded entity and the name and address of
each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of
the last annual filing with the federal Securities and Exchange Commission or the foreign
equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also
shall submit links to the websites containing the last annual filings with the federal Securities and
Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that
contain the information on each person that holds a 10 percent or greater beneficial interest."
The Attorney General has advised that the provisions of N.J.S.A. 52:25-24.2, which refer to corporations
and partnerships apply to limited partnerships, limited liability partnerships, and Subchapter S
corporations.
This Ownership Disclosure Certification form shall be completed, signed and notarized.
Failure of the bidder/proposer to submit the required information is cause for automatic
rejection of the bid or proposal
Part I
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, sign and notarize at the end)
Non-Profit Corporation (skip Parts II and III, sign and notarize at the end)
PartnershipLimited Partnership
Limited Liability Partnership
Limited Liability Company
For-profit Corporation (including Subchapters C and S or Professional Corporation)
Other (be specific): ______________________________________________
Part II
I certify that the list below contains the names and addresses of all stockholders in the
corporation who own 10 percent or more of its stock, of any class, or of all individual partners
in the partnership who own a 10 percent or greater interest therein, or of all members in the
limited liability company who own a 10 percent or greater interest therein, as the case may be.
OR
I certify that no one stockholder in the corporation owns 10 percent or more of its stock, of any
class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or
that no member in the limited liability company owns a 10 percent or greater interest therein, as
the case may be.
Sign and notarize the form below, and, if necessary, complete the list below. (Please attach
additional sheets if more space is needed):
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Part III - Any Direct or Indirect Parent Entity Which is Publicly Traded:
“To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded
may submit the name and address of each publicly traded entity and the name and address of each person
that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing
with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person
that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the
last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the
relevant page numbers of the filings that contain the information on each person that holds a 10 percent or
greater beneficial interest.”
Pages attached with name and address of each publicly traded entity as well as the name and
address of each person that holds a 10 percent or greater beneficial interest.
OR
Submit here the links to the Websites (URLs) containing the last annual filings with
the federal Securities and Exchange Commission or the foreign equivalent.
__________________________________________________________
_________________________________________________________
AND
Submit here the relevant page numbers of the filings containing the information on
each person holding a 10 percent or greater beneficial interest.
_____________________________________________________
_____________________________________________________
Subscribed and sworn before me this ___ day of
___________________________ , 2 _______.
(Notary Public)
My Commission expires:
________________________________________
(Affiant)
________________________________________
(Print name of affiant and title if applicable)
(Corporate Seal if a Corporation)
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
OPS Number: _____________ Proposer:__________________________________
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to
enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that the
person or entity, or one of the person or entity's parents, subsidiaries, or affiliates, is not identified on a list created
and maintained by the New Jersey Department of the Treasury as a person or entity engaging in investment
activities in Iran. If the Director finds a person or entity to be in violation of the principles which are the subject of
this law, s/he shall take 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 person or entity.
I certify, pursuant to Public Law 2012, c. 25, that the person or entity listed above for which I am authorized
to submit a proposal:
is not providing goods or services of $20,000,000 or more in the energy sector of Iran, including a person
or entity that provides oil or liquefied natural gas tankers, or products used to construct or maintain
pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran,
AND
is not a financial institution that extends $20,000,000 or more in credit to another person or entity, for 45
days or more, if that person or entity will use the credit to provide goods or services in the energy sector in
Iran.
In the event that a person or entity is unable to make the above certification because it or one of its parents,
subsidiaries, or affiliates has engaged in the above-referenced activities, a detailed, accurate and precise
description of the activities must be provided in part 2 below to the New Jersey Turnpike Authority under
penalty of perjury. Failure to provide such will result in the proposal being rendered as non-responsive and
appropriate penalties, fines and/or sanctions will be assessed as provided by law.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN
IRAN
You must provide a detailed, accurate and precise description of the activities of the proposer, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing
the boxes below.
Name:_____________________________________ Relationship to Proposer:_____________________________
Description of Activities:________________________________________________________________________
_____________________________________________________________________________________________
Duration of Engagement:_______________________ Anticipated Cessation Date:__________________________
Proposer Contact Name:______________________________ Contact Phone Number:_______________________
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that the State of New Jersey is relying on
the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the State to notify the State in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey and that
the State at its option may declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):_________________________________ Signature:____________________________
Title:________________________________________ Date: ______________________
Long Branch, New Jersey
ORDINANCE NO. 18-05
AN ORDINANCE TO AMEND AND SUPPLEMENT ORDINANCE NO. 13-05, KNOWN AS “AN
ORDINANCE REQUIRING PUBLIC CONTRATING REFORM, AND AMENDING AND
SUPPLEMENTING THE ‘REVISED GENERAL ORDINANCES OF THE CITY OF LONG
BRANCH, NEW JERSEY’ ACCORDINGLY,” AS ADOPTED ON MAY 10, 2005.
WHEREAS, on May 10, 2005, the City of Long Branch adopted Ordinance No. 13-05, known as “An Ordinance Requiring
Public Contracting Reform, and Amending and Supplementing the ‘Revised General Ordinances of the City of Long Branch, New
Jersey’ Accordingly” (the “Ordinance”); and
WHEREAS, the Ordinance places certain limitations upon the annual amount(s) of contributions that professionals may make
to the political campaigns of the local elected officials who are ultimately responsible for the award of discretionary no-bid contracts for
municipal professional services; and
WHEREAS, the intention of the Ordinance is to ensure trust in the process of local government, if not the quality or cost of
services received, and to minimize any perceptions or concerns on the part of the public that discretionary no-bid contracts for municipal
professional services are being awarded to professionals as a reward for having made substantial political contributions, or that the award
of such contracts was influenced, even to a minor degree, by the payment of such contributions; and
WHEREAS, it is hereby found and declared that the practice of “wheeling,” whereby one political organization channels
campaign donations to another political organization with the intention to conceal or misrepresent the source of the contribution, may be
utilized as a loophole to circumvent the proscriptions contained within the Ordinance; and
WHEREAS, the City Council of the City of Long Branch, in a continuing effort to ensure the integrity of the award of public
professional service contracts, has therefore determined that it would be in the best interests of the City, and its residents, to amend the
Ordinance in an attempt to curb the practice known as “wheeling;” and
WHEREAS, the City Council of the City of Long Branch also wishes to take this opportunity to clarify the “arbitration”
provision referenced in Section 3(c) thereof; and
WHEREAS,
the City Council of the City of Long Branch finds that it is in the best interest of the City and its residents
to require that a contribution of more than fifty dollars ($50.00) received by a candidate be reported in the manner set forth by the laws
and regulations of the State of New Jersey.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, that Ordinance No. 13-05, known as “An Ordinance
Requiring Public Contracting Reform, and Amending and Supplementing the ‘Revised General Ordinances of the City of Long Branch,
New Jersey’ Accordingly,” which was adopted on May 10, 2005, is hereby amended and supplemented as follows:
SECTION 1
Prohibition on Awarding Professional Contracts to Certain Contributors
(a)
The City of Long Branch shall not enter into an agreement for professional services with any individual and/or professional
business entity if that individual or entity has solicited or made any contribution of money or pledge of a contribution
including in-kind contributions, to a campaign of any City of Long Branch candidate for Council or Mayor, in excess of the
threshold specified in subsection (d) of this Section within one calendar year immediately preceding the date of the contract or
agreement unless cured pursuant to Section 3. The prohibition set forth in this Paragraph shall also apply to any solicitation or
contribution of money or pledge of a contribution including in-kind contributions made during the applicable time period to
any City of Long Branch or Monmouth County Party Committee, or to any political action committee (PAC) that is organized
for the primary purpose of promoting or supporting City of Long Branch candidates for Council or Mayor, so long as the
solicitation or contribution was made with the intention on the part of the contributor to conceal or misrepresent the source of
the contribution.
(b)
No professional business entity which enters into negotiations for, or agrees to, any contact or agreement with the municipality
or any department or agency thereof or any of its independent authorities for the rendition of professional services shall
knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any City
of Long Branch candidate or holder of public office having ultimate responsibility for the award of the contract, in excess of
the amount set forth herein. This Section is to include any and all professionals who provide political contributions to any
candidate for an office whether or not that candidate is presently in office or seeks office. The prohibition set forth in this
Paragraph shall also apply to any solicitation or contribution of money or pledge of a contribution including in-kind
contributions to any City of Long Branch or Monmouth County Party Committee, or to any political action committee (PAC)
that is organized for the primary purpose of promoting or supporting City of Long Branch candidates for Council or Mayor, so
long as the solicitation or contribution was made with the intention on the part of the contributor to conceal or misrepresent the
source of the contribution.
(c)
For purpose of this ordinance, a “professional business entity” seeking a public contract means an individual including the
individual’s spouse, if any, and any child living at home; person; firm; corporation, professional corporation; partnership;
organization; or association. The definition of a business entity includes all principals who own ten percent (10%) or more of
the equity in the corporation or business trust, partners, and officers in the aggregate employed by the entity as well as any
subsidiaries directly controlled by the business entity.
(d)
Any individual meeting the definition of “professional business entity” under this section may annually contribute a maximum
of five hundred dollars ($500.00) per candidate for Mayor and/or Council Member on an annual basis whether or not that
individual has a professional services contract in place or not to the maximum extent of three thousand dollars ($3,000) per
annum per business entity. This section shall apply to any presently sitting Councilperson and/or the Mayor of the City of
Long Branch and shall also apply to any individual who seeks to run for the office of Council person and/or Mayor of the City
of Long Branch.
(i)
Any individual that owns less than ten (10%) percent of a professional business entity which contracts with the City
of Long Branch shall not be treated as a part of that entity.
(e)
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1)
The City of Long Branch, if the contract requires approval or appropriation from the Council.
(2)
The Mayor of the City of Long Branch, if the contract requires approval of the Mayor, or if a public officer who is
responsible for the award of a contract is appointed by the Mayor.
SECTION 2
Contributions Made Prior to Effective Date
No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity
to any municipal candidate for Mayor or Council, or to any municipal or county party committee, or to any political action committee
(PAC) that is organized for the primary purpose of promoting or supporting City of Long Branch candidates for Council or Mayor, shall
be deemed a violation of this section, nor shall an agreement for property, good or services, of any kind whatsoever, be disqualified
thereby, if that contribution was made by the professional business entity prior to the effective date of this section.
SECTION 3
Penalty
(a)
All City of Long Branch professional service agreements shall provide that it shall be a breach of the terms of the
government contract for a professional business entity as defined in Section 1(c) to violate Section 1(b) or to knowingly conceal or
misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or
misrepresenting the source of the contribution.
(b)
Any professional business entity as defined in Section 1(c) and (d) who knowingly fails to reveal a contribution made
in violation of this Act, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or
misrepresenting the source of the contribution, shall be subjected to a fine in the sum of $2,500 so far as the first offense and for any
second offense, shall be disqualified from eligibility for future City of Long Branch contracts for a period of four calendar years from the
date of the violation.
(c)
There shall be no breach of contract in the event a contribution is questioned and as a result of the questioning of the
contribution the individual and/or business entity who makes the contribution requests that the contribution be returned by the campaign
committee, the candidate or the political action committee to whom such contribution was made. In the event of any disputes as to
whether or not a campaign contribution is proper the matter shall be submitted to arbitration before a retired Judge of the Superior Court
of New Jersey.
SECTION 4
Reporting Requirements
Any contribution received by a candidate committee, joint candidates committee, or political committee, during an election
fund report period of more than fifty dollars ($50.00) or aggregate contributions received by such a committee in an election from a
contributor totaling more than fifty dollars ($50.00) during such a report period shall be reported by providing the information set forth in
N.J.A.C. 19:25-10.2
SECTION 5
Severability
If any provision of this law, or the application of any such provision to any person or circumstances, shall be held invalid, the
remainder of this law to the extent it can be given effect, or the application of such provision to persons or circumstances other than those
to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this law are severable.
SECTION 6
Effective Date
This Ordinance shall take effect immediately upon final passage and publication in accordance with the law.
SECTION 7
Repealer
All other Ordinance or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such
inconsistency.
Introduced: 6/14/05
Adopted: 6/28/05
--- Document: RFQ CY 25 Financial Advisory Services ---
CITY OF LONG
BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
FINANCIAL ADVISORY SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
DR. MARY JANE CELLI
MARIO VIEIRA
DR. ANITA VOOGT
PROPOSAL DUE DATE:
DECEMBER 5, 2024 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday December 5, 2024 at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
FINANCIAL ADVISORY SERVICES
Qualifications are being solicited through a Fair and Open process in accordance with
N.J.S.A. 19:44A-20.5 et seq, and the Municipal Code of the City of Long Branch
Requests for Qualifications (RFQ) may be obtained at the City of Long Branch 344
Broadway Avenue, Long Branch, New Jersey 07740, Attn: David Spaulding, Purchasing
Agent, between the hours of 8:30 A.M. and 4:30 P.M. Monday through Friday or
www.longbranch.org the City of Long Branch’s website. Qualification submissions may
be mailed upon request by calling the Purchasing Agent’s office (732) 571-5656. All
questions regarding the RFQ must be made in writing and directed to the Purchasing
Agent. Questions may be faxed to (732) 222-1516. Submissions must be made in the
form required by the specifications and one (1) original and one (1) electronic format
(flash drive) copy must be delivered to reach the City Clerk prior to the time for the
receipt of Qualification(s). All information requested in the Request for Qualifications
must be provided or the submission may be disqualified. Submissions must be sealed and
plainly marked on the outside of the sealed envelope to the services for which the
Qualification is submitted.
**Any Addenda will be issued o the web-site. Therefore, all interested respondents
should check the web-site from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
City of Long Branch reserves the right to reject any and all submissions, to waive any
informality in the RFQ process, and to accept any submissions which, in their judgment,
are most advantageous, price and other factors considered, and will best serve the interest
of the City of Long Branch. Submitters are required to comply with the requirements of
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27, and the “Pay to Play” ordinance of the City of
Long Branch.
David Spaulding
Purchasing Agent
City of Long Branch
County of Monmouth
NATURE/ SCOPE OF SERVICES – The City of Long Branch is
requesting submissions from qualified individuals and firms to provide
Financial Advisory Services for the calendar year January 1, 2025 to
December 31,2025.
Assist City staff on matters regarding analysis of proposed capital
projects and capital expenditure budgets.
Review professional reports and feasibility studies to insure
financing issues have been adequately addressed.
Develop cash flow models to project the effects of various
financing for proposed projects or programs.
Review and evaluate innovative financing and/or investment.
Assist the City staff regarding the City’s credit rating for both
upgrading and/or maintaining the current credit ratings.
Assist City staff regarding the issuance of debt and preparation of
official statements and evaluation of submissions.
Assist with EMMA disclosure filing.
STANDARD REQUIREMENTS OF TECHNICAL QUALIFICATIONS
Submitters should submit technical qualifications which contain the following:
The name of the submitter, the principal place of business and, if
different, the place where the services will be provided with designated
professional and support staff.
The education, qualifications, experience and reputation in the field,
and training of all senior bankers who would be assigned to provide
services along with their names and titles.
A listing of all other engagements where services of the types being
proposed were provided by the assigned banker in the past five (5)
years. This should include other City governments and other levels of
government. Contact information for at least three recipients of the
similar services must be provided. The City may obtain references
from any of the parties listed.
A description of all other areas of Financial Advisory services of the
submitter.
Provide examples of cost saving measures realized by your clients
based upon your recommendations.
Statement that neither the firm nor any individuals assigned to this
engagement are suspended, or otherwise prohibited from professional
practice by any federal, state, or local agency.
Availability to accommodate any required meetings as may be required
by the City of Long Branch.
Other factors if demonstrated to be in the best interest of the City of
Long Branch.
Copy of current Certificate of Insurance for Professional Liability
Coverage.
4.
COST ANALYSIS - Submitters should submit a cost analysis which would
include any proposed retainer, the services to be provided for the retainer,
if services will be provided at a flat rate, if all or any services will be billed
through hourly rates and what are the established rate(s). The City does
not provide payment for or reimbursement for travel expenses.
Proposals will be reviewed and award of the contract will be based upon the
following criteria:
Experience and reputation of the firm in providing Financial Advisory
Services.(20) POINTS
Qualifications of the individuals who will perform the required services,
and their respective participation.(15) POINTS
Experience of the individuals as it relates to the particular expertise
required to perform the contract.(15) POINTS
Ability of the firm to perform the services on a timely basis, including
staffing and asset allocation, and familiarity with the subject matter.
(15) POINTS
References from other municipal clients (15) POINTS
Cost consideration, including, but not limited to, fees and/or fee schedule
to be charged, fees paid by public entities of similar size and make-up for
comparable level of services, and, if applicable, cost that would be
incurred by the City to contract with a new firm (i.e. estimated cost for
current firm to review and close out all files, and new firm to review and
get up to speed on all open files). (20) POINTS
One original and one (1) electronic format (flash drive) copy of the submission
package must be submitted to the City for consideration. In addition to the above
required information, firms must provide all documents indicated on the
Submission Package Check List. Failure to provide all required documents may
result in the proposal not being considered.
Additional Pay to Play Requirements
Contractors are advised of the responsibility to file an annual disclosure
statement on political contributions with the New Jersey Election Enforcement
Commission, pursuant to N.J.S.A. 19:44-20.13 (P.L. 2005, c, 271, s.3), if the
contractor receives contracts in excess of $50,000 in the aggregate from public
entities during the calendar year. It is the contractor’s responsibility to determine
if filing is necessary. Additional information on this requirement is available from
ELEC at 888-313-3532 or at www.elec.state.nj.us .
CITY OF LONG BRANCH
DOCUMENT SUBMISSION CHECKLIST
REQUIRED
READ, SIGNED
& SUBMITTED
Yes
PROPOSAL AS REQUIRED IN RFQ
Yes
STOCKHOLDER DISCLOSURE CERTIFICATION
Yes
NON-COLLUSION AFFIDAVIT
Yes
AFFIRMATIVE ACTION QUESTIONAIRE
REVIEWED
Yes
MANDATORY AFFIRMATIVE ACTION LANGUAGE
Yes
AMERICANS WITH DISABLILITIES ACT OF 1990
Yes
N. J. BUSINESS REGISTRATION REQUIREMENTS
Yes
LONG BRANCH PAY TO PLAY ORDINANCE
Yes
DISCLOSURE INVESTMENT IN IRAN
STATEMENT OF OWNERSHIP
(OWNERSHIP DISCLOSURE CERTIFICATION)
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This Statement Shall Be Included with
All Bid and Proposal Submissions
Name of Business:______________________________________________________
Address of Business:____________________________________________________
Name of person completing this form:______________________________________
N.J.S.A. 52:25-24.2:
"No corporation, partnership, or limited liability company shall be awarded any
contract nor shall any agreement be entered into for the performance of any work or
the furnishing of any materials or supplies, unless prior to the receipt of the bid or
proposal, or accompanying the bid or proposal of said corporation, said partnership,
or said limited liability company there is submitted a statement setting forth the
names and addresses of all stockholders in the corporation who own 10 percent or
more of its stock, of any class, or of all individual partners in the partnership who
own a 10 percent or greater interest therein, or of all members in the limited liability
company who own a 10 percent or greater interest therein, as the case may be.
If one or more such stockholder or partner or member is itself a corporation or
partnership or limited liability company, the stockholders holding 10 percent or more
of that corporation’s stock, or the individual partners owning 10 percent or greater
interest in that partnership, or the members owning 10 percent or greater interest in
that limited liability company, as the case may be, shall also be listed. The disclosure
shall be continued until names and addresses of every noncorporate stockholder, and
individual partner, and member, exceeding the 10 percent ownership criteria
established in this act, has been listed.
To comply with this section, a bidder with any direct or indirect parent entity which
is publicly traded may submit the name and address of each publicly traded entity and
the name and address of each person that holds a 10 percent or greater beneficial
interest in the publicly traded entity as of the last annual filing with the federal
Securities and Exchange Commission or the foreign equivalent, and, if there is any
person that holds a 10 percent or greater beneficial interest, also shall submit links to
the websites containing the last annual filings with the federal Securities and
Exchange Commission or the foreign equivalent and the relevant page numbers of the
filings that contain the information on each person that holds a 10 percent or greater
beneficial interest."
The Attorney General has advised that the provisions of N.J.S.A. 52:25-24.2, which refer to
corporations and partnerships apply to limited partnerships, limited liability partnerships, and
Subchapter S corporations.
This Ownership Disclosure Certification form shall be completed, signed and notarized.
Failure of the bidder/proposer to submit the required information is cause for
automatic rejection of the bid or proposal
Part I
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, sign and notarize at the end)
Non-Profit Corporation (skip Parts II and III, sign and notarize at the end)
PartnershipLimited Partnership
Limited Liability Partnership
Limited Liability Company
For-profit Corporation (including Subchapters C and S or Professional Corporation)
Other (be specific): ______________________________________________
Part II
I certify that the list below contains the names and addresses of all stockholders in
the corporation who own 10 percent or more of its stock, of any class, or of all
individual partners in the partnership who own a 10 percent or greater interest
therein, or of all members in the limited liability company who own a 10 percent
or greater interest therein, as the case may be.
OR
I certify that no one stockholder in the corporation owns 10 percent or more of its
stock, of any class, or no individual partner in the partnership owns a 10 percent
or greater interest therein, or that no member in the limited liability company
owns a 10 percent or greater interest therein, as the case may be.
Sign and notarize the form below, and, if necessary, complete the list below. (Please
attach additional sheets if more space is needed):
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Part III - Any Direct or Indirect Parent Entity Which is Publicly Traded:
“To comply with this section, a bidder with any direct or indirect parent entity which is
publicly traded may submit the name and address of each publicly traded entity and the name
and address of each person that holds a 10 percent or greater beneficial interest in the
publicly traded entity as of the last annual filing with the federal Securities and Exchange
Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or
greater beneficial interest, also shall submit links to the websites containing the last annual
filings with the federal Securities and Exchange Commission or the foreign equivalent and
the relevant page numbers of the filings that contain the information on each person that
holds a 10 percent or greater beneficial interest.”
Pages attached with name and address of each publicly traded entity as well as
the name and address of each person that holds a 10 percent or greater beneficial
interest.
OR
Submit here the links to the Websites (URLs) containing the last annual filings with
the federal Securities and Exchange Commission or the foreign equivalent.
__________________________________________________________
_________________________________________________________
AND
Submit here the relevant page numbers of the filings containing the information on
each person holding a 10 percent or greater beneficial interest.
_____________________________________________________
_____________________________________________________
Subscribed and sworn before me this ___ day of
___________________________ , 2 _______.
(Notary Public)
My Commission expires:
________________________________________
(Affiant)
________________________________________
(Print name of affiant and title if applicable)
(Corporate Seal if a Corporation)
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY
COUNTY OF _________________
I, ____________________________________ residing in ______________________________
(name of municipality)
in the County of __________________ and State of ___________________________of full age,
being duly sworn according to law on my oath dispose and say that:
I, am ________________________________of the firm of ______________________________,
(title or position)
(name of firm)
the bidder making this Proposal for the bid proposal entitled _____________________________
(title of bid proposal)
_________________________, and that I executed the said proposal with full authority to do so,
that said bidder has not, directly or indirectly entered into any agreement, participated in any
collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with
the above named project; and that all statements contained in said proposal and in this affidavit
are true and correct, and made with full knowledge that the City of Long Branch relies upon the
truth of the statements contained in said Proposal, and in the statements contained in this
affidavit, in awarding the contract for the said project.
I further warrant that no person or selling agency has been employed or retained to solicit
or secure such contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, except bona fide employees or bona fide established commercial or
selling agencies maintained by ___________________________________.
(name of firm)
____________________________________________
Subscribed and sworn to (signature of affiant)
before me this day
___________________
____________________________________
(signature of notary)
My Commission expires:
REQUIRED EVIDENCE
AFFIRMATIVE ACTION REGULATION
P.L. 1975, C. 127 (N.J.A.C. 17:27)
If awarded a contract, all procurement and service contractors will be required to comply with the requirements of P.L. 1975, c. 127,
(N.J.A.C. 17:27). Within seven (7) days after receipt of the notification of intent to award the contract or receipt of the contract,
whichever is sooner, the contractor should present one of the following to the Purchasing
Agent.
1.
A photocopy of a valid letter from the U.S. Department of Labor that the contractor has an existing federally-
approved or sanctioned Affirmative Action Plan (good for one year from the date of the letter).
OR
2.
A photocopy of approved Certificate of Employee Information Report from the
State of New Jersey.
OR
3. An Affirmative Action Employee Information Report (Form AA302).
OR
4. All successful construction contractors must submit, within three days (3) of
the signing of the contract, an Initial Project Manning Report (AA201) for any
contract award that meets or exceeds the Public Agency bidding threshold
(available upon request).
NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION
REGULATIONS OF P.L. 1975, C. 127.
The following questions must be answered by all bidders:
1. Do you have a federally-approved or sanctioned Affirmative Action Program?
___Yes ___No If yes, please submit copy of such approval.
2. Do you have a Certificate of Employee Information Report Approval?
___Yes ___No If yes, please submit copy of such certificate.
The undersigned contractor certifies that he is aware of the commitment to comply with the
requirements of P.L. 1975, c. 127, and agrees to furnish the required documentation pursuant to law.
COMPANY: _________________________________________
SIGNATURE: _______________________________________
TITLE:______________________________________________
NOTE: A CONTRACTOR’S BID MUST BE REJECTED AS NON-RESPONSIVE IF A CONTRACTOR FAILS TO
COMPLY WITH REQUIREMENTS OF P.L.1975, C. 127, WITHIN THE REQUIRED TIME FRAME.
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
(REVISED 10/08)
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate
against any employee or applicant for employment because of age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex. Except
with respect to affectional or sexual orientation and gender identity or
expression, the contractor will ensure that equal employment opportunity is
afforded to such applicants in recruitment and employment, and that
employees are treated during employment, without regard to their age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex. Such
equal employment opportunity shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Public Agency
Compliance Officer setting forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or
workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A.
10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to afford equal employment opportunities to minority and women workers
consistent with Good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2, or Good faith
efforts to meet targeted county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment
agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue
the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the
principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable
Federal law and applicable Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading,
downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the
State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the
following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment
Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public
agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for
conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The CONTRACTOR and the OWNER do hereby agree that the provisions of Title II of the American
With Disabilities Act of 1990 (the “ACT”) (42 U.S.C. S12101 et seq.), which prohibits discrimination on
the basis of disability by public entities in all services, programs, and activities provided or made available
by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this
contract. In providing any aid, benefit, or service on behalf of the OWNER pursuant to this contract, the
CONTRACTOR agrees that the performance shall be in strict compliance with the Act. In the event that
the Contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the
Act during the performance of this contract, the CONTRACTOR shall defend the OWNER in any action or
administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and
save harmless the OWNER, its agents, servants, and employees from and against any and all suits, claims,
losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged
violation. The CONTRACTOR shall, at its own expense, appear, defend, and pay any and all charges for
legal services and any and all costs and other expenses arising from such action or administrative
proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the OWNER
grievance procedure, the CONTRACTOR agrees to abide by any decision of the OWNER which is
rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the OWNER or if the
OWNER incurs any expense to cure a violation of the ADA which has been brought pursuant to its
grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense.
The OWNER shall, as soon as practicable after a claim has been made against it, give written notice
thereof to the CONTRACTOR along with full and complete particulars of the claim. If any action or
administrative proceedings is brought against the OWNER or any of its agents, servants, and employees,
the OWNER shall expeditiously forward or have forwarded to the CONTRACTOR every demand,
complaint, notice, summons, pleading, or other process received by the OWNER or its representatives.
It is expressly agreed and understood that any approval by the OWNER of the services provided by the
CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply
with the Act and to defend, indemnify, protect, and save harmless the OWNER pursuant to this paragraph.
It is further agreed and understood that the OWNER assumes no obligation to
indemnify or save harmless the CONTRACTOR, its agents, servants, employees and
subcontractors for any claim which may arise out of their performance of this Agreement.
Furthermore, the CONTRACTOR expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the CONTRACTOR’S obligations
assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR
from any liability, nor preclude the OWNER from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
CONTRACT LANGUAGE FOR
BUSINESS REGISTRATION CERTIFICATE COMPLAINCE
For Procurement (Goods and Services) Contracts
(including Purchase Orders)
N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that
knowingly provide goods or perform services for a contractor fulfilling this contract: 1) the contractor
shall provide written notice to its subcontractors to submit proof of business registration to the contractor;
2) prior to receipt of final payment from the contracting agency, a contractor must submit to the contracting
agency an accurate list of all subcontractors or attest that none was used; 3) during the term of this contract,
the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates
that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant
to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property
delivered into this State.
A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false
business registration information shall be liable to a penalty or $25 for each day of violation, not to exceed
$50,000 for each business registration not properly provided or maintained under a contract with the
contracting agency. Information of the law and its requirements is available by calling (609)292-9292.
For Construction Contracts
N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that
knowingly provide goods or perform services for a contractor fulfilling this contract:
1)
The contractor shall provide written notice to its subcontractors and suppliers to submit proof of
business registration to the contractor;
2)
Subcontractors through all tiers of a project must provide written notice to their subcontractors and
suppliers to submit proof of business registration and subcontractors shall collect proofs of
business registration and maintain them on file;
3)
Prior to receipt of final payment from a contracting agency, a contractor must submit to the
contracting agency an accurate list of all subcontractors and suppliers or attest that none was used;
and,
4)
During the term of this contract, the contractor and its affiliates shall collect and remit, and shall
notify all subcontractors and their affiliates that they must collect and remit, to the Director, New
Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A.
52:32B-1 et seq.) on all sales of tangible personal property delivered into this State.
A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false
business registration information shall be liable to a penalty or $25 for each day of violation, not to exceed
$50,000 for each business registration not properly provided or maintained under a contract with the
contracting agency. Information of the law and its requirements is available by calling (609)292-9292.
For more information, or to register online, go to http://www.nj.gov/treasury/revenue/taxreg.htm
Long Branch, New Jersey
ORDINANCE NO. 18-05
AN ORDINANCE TO AMEND AND SUPPLEMENT ORDINANCE NO. 13-05,
KNOWN AS “AN ORDINANCE REQUIRING PUBLIC CONTRATING REFORM,
AND AMENDING AND SUPPLEMENTING THE ‘REVISED GENERAL
ORDINANCES OF THE CITY OF LONG BRANCH, NEW JERSEY’
ACCORDINGLY,” AS ADOPTED ON MAY 10, 2005.
WHEREAS, on May 10, 2005, the City of Long Branch adopted Ordinance No. 13-05, known as “An
Ordinance Requiring Public Contracting Reform, and Amending and Supplementing the ‘Revised General Ordinances
of the City of Long Branch, New Jersey’ Accordingly” (the “Ordinance”); and
WHEREAS, the Ordinance places certain limitations upon the annual amount(s) of contributions that
professionals may make to the political campaigns of the local elected officials who are ultimately responsible for the
award of discretionary no-bid contracts for municipal professional services; and
WHEREAS, the intention of the Ordinance is to ensure trust in the process of local government, if not the
quality or cost of services received, and to minimize any perceptions or concerns on the part of the public that
discretionary no-bid contracts for municipal professional services are being awarded to professionals as a reward for
having made substantial political contributions, or that the award of such contracts was influenced, even to a minor
degree, by the payment of such contributions; and
WHEREAS, it is hereby found and declared that the practice of “wheeling,” whereby one political
organization channels campaign donations to another political organization with the intention to conceal or
misrepresent the source of the contribution, may be utilized as a loophole to circumvent the proscriptions contained
within the Ordinance; and
WHEREAS, the City Council of the City of Long Branch, in a continuing effort to ensure the integrity of the
award of public professional service contracts, has therefore determined that it would be in the best interests of the
City, and its residents, to amend the Ordinance in an attempt to curb the practice known as “wheeling;” and
WHEREAS, the City Council of the City of Long Branch also wishes to take this opportunity to clarify the
“arbitration” provision referenced in Section 3(c) thereof; and
WHEREAS,
the City Council of the City of Long Branch finds that it is in the best interest of the City
and its residents to require that a contribution of more than fifty dollars ($50.00) received by a candidate be reported in
the manner set forth by the laws and regulations of the State of New Jersey.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, that Ordinance No. 13-05, known as “An
Ordinance Requiring Public Contracting Reform, and Amending and Supplementing the ‘Revised General Ordinances
of the City of Long Branch, New Jersey’ Accordingly,” which was adopted on May 10, 2005, is hereby amended and
supplemented as follows:
SECTION 1
Prohibition on Awarding Professional Contracts to Certain Contributors
(a)
The City of Long Branch shall not enter into an agreement for professional services with any individual
and/or professional business entity if that individual or entity has solicited or made any contribution of
money or pledge of a contribution including in-kind contributions, to a campaign of any City of Long Branch
candidate for Council or Mayor, in excess of the threshold specified in subsection (d) of this Section within
one calendar year immediately preceding the date of the contract or agreement unless cured pursuant to
Section 3. The prohibition set forth in this Paragraph shall also apply to any solicitation or contribution of
money or pledge of a contribution including in-kind contributions made during the applicable time period to
any City of Long Branch or Monmouth County Party Committee, or to any political action committee (PAC)
that is organized for the primary purpose of promoting or supporting City of Long Branch candidates for
Council or Mayor, so long as the solicitation or contribution was made with the intention on the part of the
contributor to conceal or misrepresent the source of the contribution.
(b)
No professional business entity which enters into negotiations for, or agrees to, any contact or agreement
with the municipality or any department or agency thereof or any of its independent authorities for the
rendition of professional services shall knowingly solicit or make any contribution of money, or pledge of a
contribution, including in-kind contributions, to any City of Long Branch candidate or holder of public
office having ultimate responsibility for the award of the contract, in excess of the amount set forth herein.
This Section is to include any and all professionals who provide political contributions to any candidate for
an office whether or not that candidate is presently in office or seeks office. The prohibition set forth in this
Paragraph shall also apply to any solicitation or contribution of money or pledge of a contribution including
in-kind contributions to any City of Long Branch or Monmouth County Party Committee, or to any political
action committee (PAC) that is organized for the primary purpose of promoting or supporting City of Long
Branch candidates for Council or Mayor, so long as the solicitation or contribution was made with the
intention on the part of the contributor to conceal or misrepresent the source of the contribution.
(c)
For purpose of this ordinance, a “professional business entity” seeking a public contract means an individual
including the individual’s spouse, if any, and any child living at home; person; firm; corporation,
professional corporation; partnership; organization; or association. The definition of a business entity
includes all principals who own ten percent (10%) or more of the equity in the corporation or business trust,
partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled
by the business entity.
(d)
Any individual meeting the definition of “professional business entity” under this section may annually
contribute a maximum of five hundred dollars ($500.00) per candidate for Mayor and/or Council Member on
an annual basis whether or not that individual has a professional services contract in place or not to the
maximum extent of three thousand dollars ($3,000) per annum per business entity. This section shall apply
to any presently sitting Councilperson and/or the Mayor of the City of Long Branch and shall also apply to
any individual who seeks to run for the office of Council person and/or Mayor of the City of Long Branch.
(i)
Any individual that owns less than ten (10%) percent of a professional business entity which
contracts with the City of Long Branch shall not be treated as a part of that entity.
(e)
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the
contract shall be:
(1)
The City of Long Branch, if the contract requires approval or appropriation from the Council.
(2)
The Mayor of the City of Long Branch, if the contract requires approval of the Mayor, or if a
public officer who is responsible for the award of a contract is appointed by the Mayor.
SECTION 2
Contributions Made Prior to Effective Date
No contribution of money or any other thing of value, including in-kind contributions, made by a professional
business entity to any municipal candidate for Mayor or Council, or to any municipal or county party committee, or to
any political action committee (PAC) that is organized for the primary purpose of promoting or supporting City of
Long Branch candidates for Council or Mayor, shall be deemed a violation of this section, nor shall an agreement for
property, good or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the
professional business entity prior to the effective date of this section.
SECTION 3
Penalty
(a)
All City of Long Branch professional service agreements shall provide that it shall be a breach of
the terms of the government contract for a professional business entity as defined in Section 1(c) to violate Section 1(b)
or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through
intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
(b)
Any professional business entity as defined in Section 1(c) and (d) who knowingly fails to reveal a
contribution made in violation of this Act, or who knowingly makes or solicits contributions through intermediaries for
the purpose of concealing or misrepresenting the source of the contribution, shall be subjected to a fine in the sum of
$2,500 so far as the first offense and for any second offense, shall be disqualified from eligibility for future City of
Long Branch contracts for a period of four calendar years from the date of the violation.
(c)
There shall be no breach of contract in the event a contribution is questioned and as a result of the
questioning of the contribution the individual and/or business entity who makes the contribution requests that the
contribution be returned by the campaign committee, the candidate or the political action committee to whom such
contribution was made. In the event of any disputes as to whether or not a campaign contribution is proper the matter
shall be submitted to arbitration before a retired Judge of the Superior Court of New Jersey.
SECTION 4
Reporting Requirements
Any contribution received by a candidate committee, joint candidates committee, or political committee,
during an election fund report period of more than fifty dollars ($50.00) or aggregate contributions received by such a
committee in an election from a contributor totaling more than fifty dollars ($50.00) during such a report period shall
be reported by providing the information set forth in N.J.A.C. 19:25-10.2
SECTION 5
Severability
If any provision of this law, or the application of any such provision to any person or circumstances, shall be
held invalid, the remainder of this law to the extent it can be given effect, or the application of such provision to
persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this extent the
provisions of this law are severable.
SECTION 6
Effective Date
This Ordinance shall take effect immediately upon final passage and publication in accordance with the law.
SECTION 7
Repealer
All other Ordinance or parts of Ordinances inconsistent herewith are hereby repealed to the extent of
such inconsistency.
Introduced: 6/14/05
Adopted: 6/28/05
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
OPS Number: _____________ Proposer:__________________________________
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise
proposes to
enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that
the
person or entity, or one of the person or entity's parents, subsidiaries, or affiliates, is not identified on a list
created
and maintained by the New Jersey Department of the Treasury as a person or entity engaging in investment
activities in Iran. If the Director finds a person or entity to be in violation of the principles which are the
subject of
this law, s/he shall take 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 person or entity.
I certify, pursuant to Public Law 2012, c. 25, that the person or entity listed above for which I am
authorized
to submit a proposal:
is not providing goods or services of $20,000,000 or more in the energy sector of Iran, including a
person
or entity that provides oil or liquefied natural gas tankers, or products used to construct or maintain
pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran,
AND
is not a financial institution that extends $20,000,000 or more in credit to another person or entity, for
45
days or more, if that person or entity will use the credit to provide goods or services in the energy sector in
Iran.
In the event that a person or entity is unable to make the above certification because it or one of its
parents,
subsidiaries, or affiliates has engaged in the above-referenced activities, a detailed, accurate and
precise
description of the activities must be provided in part 2 below to the New Jersey Turnpike Authority
under
penalty of perjury. Failure to provide such will result in the proposal being rendered as non-
responsive and
appropriate penalties, fines and/or sanctions will be assessed as provided by law.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES
IN
IRAN
You must provide a detailed, accurate and precise description of the activities of the proposer, or one
of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by
completing
the boxes below.
Name:_____________________________________ Relationship to
Proposer:_____________________________
Description of
Activities:________________________________________________________________________
______________________________________________________________________________________
_______
Duration of Engagement:_______________________ Anticipated Cessation
Date:__________________________
Proposer Contact Name:______________________________ Contact Phone
Number:_______________________
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and
any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute
this
certification on behalf of the above-referenced person or entity. I acknowledge that the State of New Jersey is
relying on
the information contained herein and thereby acknowledge that I am under a continuing obligation from the
date of this
certification through the completion of any contracts with the State to notify the State in writing of any changes
to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a
false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal
prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey
and that
the State at its option may declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):_________________________________
Signature:____________________________
Title:__________________________________Date: __________________________________
--- Document: RFQ Insurance 2025 102824 ---
CITY OF LONG
BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
INSURANCE BROKER SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
DR. MARY JANE CELLI
MARIO VIEIRA
DR. ANITA VOOGT
PROPOSAL DUE DATE:
DECEMBER 5, 2024 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday December 5, 2024 at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
INSURANCE BROKER SERVICES
Qualifications are being solicited through a Fair and Open process in accordance with
N.J.S.A. 19:44A-20.5 et seq, and the Municipal Code of the City of Long Branch
Requests for Qualifications (RFQ) may be obtained at the City of Long Branch 344
Broadway Avenue, Long Branch, New Jersey 07740, Attn: David Spaulding, Purchasing
Agent, between the hours of 8:30 A.M. and 4:30 P.M. Monday through Friday or
www.longbranch.org the City of Long Branch’s website. Qualification submissions may
be mailed upon request by calling the Purchasing Agent’s office (732) 571-5656. All
questions regarding the RFQ must be made in writing and directed to the Purchasing
Agent. Questions may be faxed to (732) 222-1516. Submissions must be made in the
form required by the specifications and one (1) original and one (1) electronic format
(flash drive) copy must be delivered to reach the City Clerk prior to the time for the
receipt of Qualification(s). All information requested in the Request for Qualifications
must be provided or the submission may be disqualified. Submissions must be sealed and
plainly marked on the outside of the sealed envelope to the services for which the
Qualification is submitted.
**Any Addenda will be issued o the web-site. Therefore, all interested respondents
should check the web-site from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
City of Long Branch reserves the right to reject any and all submissions, to waive any
informality in the RFQ process, and to accept any submissions which, in their judgment,
are most advantageous, price and other factors considered, and will best serve the interest
of the City of Long Branch. Submitters are required to comply with the requirements of
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27, and the “Pay to Play” ordinance of the City of
Long Branch.
David Spaulding
Purchasing Agent
City of Long Branch
County of Monmouth
Proposals will be reviewed and award of the contract will be based upon the
following criteria:
Experience and reputation of the firm in providing Insurance Broker
Services.(20) POINTS
Qualifications of the individuals who will perform the required services,
and their respective participation.(10) POINTS
Experience of the individuals as it relates to the particular expertise
required to perform the contract.(10) POINTS
Ability of the firm to perform the services on a timely basis, including
staffing and asset allocation, and familiarity with the subject matter.
(10) POINTS
Experience with or specific knowledge of entities the same population as
the City of Long Branch as it pertains to this proposal. (15) POINTS
References from other municipal clients (10) POINTS
Ability to provide and administer a City – Wide wellness program
(10) POINTS
Cost proposal to provide all services needed (15) POINTS
Request for Qualifications for Insurance Broker Services
The City of Long Branch is requesting qualifications for Insurance
Broker Services for the calendar year January 1, 2025 ending December 31,
2025, in accordance with New Jersey Department of Banking Insurance statutory
requirements. The City of Long Branch currently procures its
Medical / Prescriptions benefits in the State Health Benefit Plan. Dental and
Vison are placed in the standard markets for approximately 300 active
employees no retirees.
Qualifications submission must include all of the following:
1. Name of individual approved by the Department of Banking and
Insurance.
2. Name, address, phone and fax number of firm (if multiple office sites, list
all, and indicate corporate office).
3. Biography or history of the firm.
4. List of principals and/or partners of the firm must have 10 years
experience in the field of New Jersey Insurance.
5. List of personnel that would be assigned to Long Branch, including a
summary of their educations, licenses, qualifications, expertise and
experience as it relates to the services the City requires.
6. List of References from at least three municipalities for which firm has
provided similar services, including name, address, phone and contact
information.
7. Provide prior experience, if any, the firm may have in providing services
to the City of Long Branch, and in what capacity.
8. List of municipalities currently under contract with the firm
9. Copy of current Certificate of Insurance for Professional Liability
Coverage.
10.Cost proposal for all services needed
One original and one (1) electronic format (flash drive) copy of the submission
package must be submitted to the City for consideration. In addition to the above
required information, firms must provide all documents indicated on the
Submission Package Check List. Failure to provide all required documents may
result in the proposal not being considered.
Additional Pay to Play Requirements
Contractors are advised of the responsibility to file an annual disclosure statement on
political contributions with the New Jersey Election Enforcement Commission, pursuant
to N.J.S.A. 19:44-20.13 (P.L. 2005, c, 271, s.3), if the contractor receives contracts in
excess of $50,000 in the aggregate from public entities during the calendar year. It is the
contractor’s responsibility to determine if filing is necessary. Additional information on
this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us .
CITY OF LONG BRANCH
DOCUMENT SUBMISSION CHECKLIST
REQUIRED
READ, SIGNED
& SUBMITTED
Yes
PROPOSAL AS REQUIRED IN RFQ
Yes
STOCKHOLDER DISCLOSURE CERTIFICATION
Yes
NON-COLLUSION AFFIDAVIT
Yes
AFFIRMATIVE ACTION QUESTIONAIRE
REVIEWED
Yes
MANDATORY AFFIRMATIVE ACTION LANGUAGE
Yes
AMERICANS WITH DISABLILITIES ACT OF 1990
Yes
N. J. BUSINESS REGISTRATION REQUIREMENTS
Yes
LONG BRANCH PAY TO PLAY ORDINANCE
Yes
DISCLOSURE INVESTMENT IN IRAN
STATEMENT OF OWNERSHIP
(OWNERSHIP DISCLOSURE CERTIFICATION)
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This Statement Shall Be Included with
All Bid and Proposal Submissions
Name of Business:______________________________________________________
Address of Business:____________________________________________________
Name of person completing this form:______________________________________
N.J.S.A. 52:25-24.2:
"No corporation, partnership, or limited liability company shall be awarded any
contract nor shall any agreement be entered into for the performance of any work or
the furnishing of any materials or supplies, unless prior to the receipt of the bid or
proposal, or accompanying the bid or proposal of said corporation, said partnership,
or said limited liability company there is submitted a statement setting forth the
names and addresses of all stockholders in the corporation who own 10 percent or
more of its stock, of any class, or of all individual partners in the partnership who
own a 10 percent or greater interest therein, or of all members in the limited liability
company who own a 10 percent or greater interest therein, as the case may be.
If one or more such stockholder or partner or member is itself a corporation or
partnership or limited liability company, the stockholders holding 10 percent or more
of that corporation’s stock, or the individual partners owning 10 percent or greater
interest in that partnership, or the members owning 10 percent or greater interest in
that limited liability company, as the case may be, shall also be listed. The disclosure
shall be continued until names and addresses of every noncorporate stockholder, and
individual partner, and member, exceeding the 10 percent ownership criteria
established in this act, has been listed.
To comply with this section, a bidder with any direct or indirect parent entity which
is publicly traded may submit the name and address of each publicly traded entity and
the name and address of each person that holds a 10 percent or greater beneficial
interest in the publicly traded entity as of the last annual filing with the federal
Securities and Exchange Commission or the foreign equivalent, and, if there is any
person that holds a 10 percent or greater beneficial interest, also shall submit links to
the websites containing the last annual filings with the federal Securities and
Exchange Commission or the foreign equivalent and the relevant page numbers of the
filings that contain the information on each person that holds a 10 percent or greater
beneficial interest."
The Attorney General has advised that the provisions of N.J.S.A. 52:25-24.2, which refer to
corporations and partnerships apply to limited partnerships, limited liability partnerships, and
Subchapter S corporations.
This Ownership Disclosure Certification form shall be completed, signed and notarized.
Failure of the bidder/proposer to submit the required information is cause for
automatic rejection of the bid or proposal
Part I
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, sign and notarize at the end)
Non-Profit Corporation (skip Parts II and III, sign and notarize at the end)
PartnershipLimited Partnership
Limited Liability Partnership
Limited Liability Company
For-profit Corporation (including Subchapters C and S or Professional Corporation)
Other (be specific): ______________________________________________
Part II
I certify that the list below contains the names and addresses of all stockholders in
the corporation who own 10 percent or more of its stock, of any class, or of all
individual partners in the partnership who own a 10 percent or greater interest
therein, or of all members in the limited liability company who own a 10 percent
or greater interest therein, as the case may be.
OR
I certify that no one stockholder in the corporation owns 10 percent or more of its
stock, of any class, or no individual partner in the partnership owns a 10 percent
or greater interest therein, or that no member in the limited liability company
owns a 10 percent or greater interest therein, as the case may be.
Sign and notarize the form below, and, if necessary, complete the list below. (Please
attach additional sheets if more space is needed):
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Name: ______________________________
Name: ______________________________
Address: _______________________
____________________________________
Address: _______________________
____________________________________
Part III - Any Direct or Indirect Parent Entity Which is Publicly Traded:
“To comply with this section, a bidder with any direct or indirect parent entity which is
publicly traded may submit the name and address of each publicly traded entity and the name
and address of each person that holds a 10 percent or greater beneficial interest in the
publicly traded entity as of the last annual filing with the federal Securities and Exchange
Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or
greater beneficial interest, also shall submit links to the websites containing the last annual
filings with the federal Securities and Exchange Commission or the foreign equivalent and
the relevant page numbers of the filings that contain the information on each person that
holds a 10 percent or greater beneficial interest.”
Pages attached with name and address of each publicly traded entity as well as
the name and address of each person that holds a 10 percent or greater beneficial
interest.
OR
Submit here the links to the Websites (URLs) containing the last annual filings with
the federal Securities and Exchange Commission or the foreign equivalent.
__________________________________________________________
_________________________________________________________
AND
Submit here the relevant page numbers of the filings containing the information on
each person holding a 10 percent or greater beneficial interest.
_____________________________________________________
_____________________________________________________
Subscribed and sworn before me this ___ day of
___________________________ , 2 _______.
(Notary Public)
My Commission expires:
________________________________________
(Affiant)
________________________________________
(Print name of affiant and title if applicable)
(Corporate Seal if a Corporation)
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY
COUNTY OF _________________
I, ____________________________________ residing in ______________________________
(name of municipality)
in the County of __________________ and State of ___________________________of full age,
being duly sworn according to law on my oath dispose and say that:
I am ________________________________of the firm of ______________________________,
(title or position)
(name of firm)
the bidder making this Proposal for the bid proposal entitled _____________________________
(title of bid proposal)
_________________________, and that I executed the said proposal with full authority to do so,
that said bidder has not, directly or indirectly entered into any agreement, participated in any
collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with
the above named project; and that all statements contained in said proposal and in this affidavit
are true and correct, and made with full knowledge that the City of Long Branch relies upon the
truth of the statements contained in said Proposal, and in the statements contained in this
affidavit, in awarding the contract for the said project.
I further warrant that no person or selling agency has been employed or retained to solicit
or secure such contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, except bona fide employees or bona fide established commercial or
selling agencies maintained by ___________________________________.
(name of firm)
____________________________________________
Subscribed and sworn to (signature of affiant)
before me this day
___________________
____________________________________
(signature of notary)
My Commission expires:
REQUIRED EVIDENCE
AFFIRMATIVE ACTION REGULATION
P.L. 1975, C. 127 (N.J.A.C. 17:27)
If awarded a contract, all procurement and service contractors will be required to comply with the requirements of P.L. 1975, c. 127,
(N.J.A.C. 17:27). Within seven (7) days after receipt of the notification of intent to award the contract or receipt of the contract,
whichever is sooner, the contractor should present one of the following to the Purchasing
Agent.
1.
A photocopy of a valid letter from the U.S. Department of Labor that the contractor has an existing federally-
approved or sanctioned Affirmative Action Plan (good for one year from the date of the letter).
OR
2.
A photocopy of approved Certificate of Employee Information Report from the
State of New Jersey.
OR
3. An Affirmative Action Employee Information Report (Form AA302).
OR
4. All successful construction contractors must submit, within three days (3) of
the signing of the contract, an Initial Project Manning Report (AA201) for any
contract award that meets or exceeds the Public Agency bidding threshold
(available upon request).
NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION
REGULATIONS OF P.L. 1975, C. 127.
The following questions must be answered by all bidders:
1. Do you have a federally-approved or sanctioned Affirmative Action Program?
___Yes ___No If yes, please submit copy of such approval.
2. Do you have a Certificate of Employee Information Report Approval?
___Yes ___No If yes, please submit copy of such certificate.
The undersigned contractor certifies that he is aware of the commitment to comply with the
requirements of P.L. 1975, c. 127, and agrees to furnish the required documentation pursuant to law.
COMPANY: _________________________________________
SIGNATURE: _______________________________________
TITLE:______________________________________________
NOTE: A CONTRACTOR’S BID MUST BE REJECTED AS NON-RESPONSIVE IF A CONTRACTOR FAILS TO
COMPLY WITH REQUIREMENTS OF P.L.1975, C. 127, WITHIN THE REQUIRED TIME FRAME.
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
(REVISED 10/08)
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate
against any employee or applicant for employment because of age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex. Except
with respect to affectional or sexual orientation and gender identity or
expression, the contractor will ensure that equal employment opportunity is
afforded to such applicants in recruitment and employment, and that
employees are treated during employment, without regard to their age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex. Such
equal employment opportunity shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Public Agency
Compliance Officer setting forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or
workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A.
10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to afford equal employment opportunities to minority and women workers
consistent with Good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2, or Good faith
efforts to meet targeted county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment
agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue
the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the
principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable
Federal law and applicable Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading,
downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the
State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the
following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment
Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public
agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for
conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The CONTRACTOR and the OWNER do hereby agree that the provisions of Title II of the American
With Disabilities Act of 1990 (the “ACT”) (42 U.S.C. S12101 et seq.), which prohibits discrimination on
the basis of disability by public entities in all services, programs, and activities provided or made available
by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this
contract. In providing any aid, benefit, or service on behalf of the OWNER pursuant to this contract, the
CONTRACTOR agrees that the performance shall be in strict compliance with the Act. In the event that
the Contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the
Act during the performance of this contract, the CONTRACTOR shall defend the OWNER in any action or
administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and
save harmless the OWNER, its agents, servants, and employees from and against any and all suits, claims,
losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged
violation. The CONTRACTOR shall, at its own expense, appear, defend, and pay any and all charges for
legal services and any and all costs and other expenses arising from such action or administrative
proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the OWNER
grievance procedure, the CONTRACTOR agrees to abide by any decision of the OWNER which is
rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the OWNER or if the
OWNER incurs any expense to cure a violation of the ADA which has been brought pursuant to its
grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense.
The OWNER shall, as soon as practicable after a claim has been made against it, give written notice
thereof to the CONTRACTOR along with full and complete particulars of the claim. If any action or
administrative proceedings is brought against the OWNER or any of its agents, servants, and employees,
the OWNER shall expeditiously forward or have forwarded to the CONTRACTOR every demand,
complaint, notice, summons, pleading, or other process received by the OWNER or its representatives.
It is expressly agreed and understood that any approval by the OWNER of the services provided by the
CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply
with the Act and to defend, indemnify, protect, and save harmless the OWNER pursuant to this paragraph.
It is further agreed and understood that the OWNER assumes no obligation to
indemnify or save harmless the CONTRACTOR, its agents, servants, employees and
subcontractors for any claim which may arise out of their performance of this Agreement.
Furthermore, the CONTRACTOR expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the CONTRACTOR’S obligations
assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR
from any liability, nor preclude the OWNER from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
CONTRACT LANGUAGE FOR
BUSINESS REGISTRATION CERTIFICATE COMPLAINCE
For Procurement (Goods and Services) Contracts
(including Purchase Orders)
N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that
knowingly provide goods or perform services for a contractor fulfilling this contract: 1) the contractor
shall provide written notice to its subcontractors to submit proof of business registration to the contractor;
2) prior to receipt of final payment from the contracting agency, a contractor must submit to the contracting
agency an accurate list of all subcontractors or attest that none was used; 3) during the term of this contract,
the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates
that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant
to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property
delivered into this State.
A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false
business registration information shall be liable to a penalty or $25 for each day of violation, not to exceed
$50,000 for each business registration not properly provided or maintained under a contract with the
contracting agency. Information of the law and its requirements is available by calling (609)292-9292.
For Construction Contracts
N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that
knowingly provide goods or perform services for a contractor fulfilling this contract:
1)
The contractor shall provide written notice to its subcontractors and suppliers to submit proof of
business registration to the contractor;
2)
Subcontractors through all tiers of a project must provide written notice to their subcontractors and
suppliers to submit proof of business registration and subcontractors shall collect proofs of
business registration and maintain them on file;
3)
Prior to receipt of final payment from a contracting agency, a contractor must submit to the
contracting agency an accurate list of all subcontractors and suppliers or attest that none was used;
and,
4)
During the term of this contract, the contractor and its affiliates shall collect and remit, and shall
notify all subcontractors and their affiliates that they must collect and remit, to the Director, New
Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A.
52:32B-1 et seq.) on all sales of tangible personal property delivered into this State.
A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false
business registration information shall be liable to a penalty or $25 for each day of violation, not to exceed
$50,000 for each business registration not properly provided or maintained under a contract with the
contracting agency. Information of the law and its requirements is available by calling (609)292-9292.
For more information, or to register online, go to http://www.nj.gov/treasury/revenue/taxreg.htm
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
OPS Number: _____________ Proposer:__________________________________
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise
proposes to
enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that
the
person or entity, or one of the person or entity's parents, subsidiaries, or affiliates, is not identified on a list
created
and maintained by the New Jersey Department of the Treasury as a person or entity engaging in investment
activities in Iran. If the Director finds a person or entity to be in violation of the principles which are the
subject of
this law, s/he shall take 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 person or entity.
I certify, pursuant to Public Law 2012, c. 25, that the person or entity listed above for which I am
authorized
to submit a proposal:
is not providing goods or services of $20,000,000 or more in the energy sector of Iran, including a
person
or entity that provides oil or liquefied natural gas tankers, or products used to construct or maintain
pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran,
AND
is not a financial institution that extends $20,000,000 or more in credit to another person or entity, for
45
days or more, if that person or entity will use the credit to provide goods or services in the energy sector in
Iran.
In the event that a person or entity is unable to make the above certification because it or one of its
parents,
subsidiaries, or affiliates has engaged in the above-referenced activities, a detailed, accurate and
precise
description of the activities must be provided in part 2 below to the New Jersey Turnpike Authority
under
penalty of perjury. Failure to provide such will result in the proposal being rendered as non-
responsive and
appropriate penalties, fines and/or sanctions will be assessed as provided by law.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES
IN
IRAN
You must provide a detailed, accurate and precise description of the activities of the proposer, or one
of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by
completing
the boxes below.
Name:_____________________________________ Relationship to
Proposer:_____________________________
Description of
Activities:________________________________________________________________________
______________________________________________________________________________________
_______
Duration of Engagement:_______________________ Anticipated Cessation
Date:__________________________
Proposer Contact Name:______________________________ Contact Phone
Number:_______________________
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and
any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute
this
certification on behalf of the above-referenced person or entity. I acknowledge that the State of New Jersey is
relying on
the information contained herein and thereby acknowledge that I am under a continuing obligation from the
date of this
certification through the completion of any contracts with the State to notify the State in writing of any changes
to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a
false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal
prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey
and that
the State at its option may declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):_________________________________
Signature:____________________________
Title:________________________________________ Date: _______________________
Long Branch, New Jersey
ORDINANCE NO. 18-05
AN ORDINANCE TO AMEND AND SUPPLEMENT ORDINANCE NO. 13-05,
KNOWN AS “AN ORDINANCE REQUIRING PUBLIC CONTRATING REFORM,
AND AMENDING AND SUPPLEMENTING THE ‘REVISED GENERAL
ORDINANCES OF THE CITY OF LONG BRANCH, NEW JERSEY’
ACCORDINGLY,” AS ADOPTED ON MAY 10, 2005.
WHEREAS, on May 10, 2005, the City of Long Branch adopted Ordinance No. 13-05, known as “An
Ordinance Requiring Public Contracting Reform, and Amending and Supplementing the ‘Revised General Ordinances
of the City of Long Branch, New Jersey’ Accordingly” (the “Ordinance”); and
WHEREAS, the Ordinance places certain limitations upon the annual amount(s) of contributions that
professionals may make to the political campaigns of the local elected officials who are ultimately responsible for the
award of discretionary no-bid contracts for municipal professional services; and
WHEREAS, the intention of the Ordinance is to ensure trust in the process of local government, if not the
quality or cost of services received, and to minimize any perceptions or concerns on the part of the public that
discretionary no-bid contracts for municipal professional services are being awarded to professionals as a reward for
having made substantial political contributions, or that the award of such contracts was influenced, even to a minor
degree, by the payment of such contributions; and
WHEREAS, it is hereby found and declared that the practice of “wheeling,” whereby one political
organization channels campaign donations to another political organization with the intention to conceal or
misrepresent the source of the contribution, may be utilized as a loophole to circumvent the proscriptions contained
within the Ordinance; and
WHEREAS, the City Council of the City of Long Branch, in a continuing effort to ensure the integrity of the
award of public professional service contracts, has therefore determined that it would be in the best interests of the
City, and its residents, to amend the Ordinance in an attempt to curb the practice known as “wheeling;” and
WHEREAS, the City Council of the City of Long Branch also wishes to take this opportunity to clarify the
“arbitration” provision referenced in Section 3(c) thereof; and
WHEREAS,
the City Council of the City of Long Branch finds that it is in the best interest of the City
and its residents to require that a contribution of more than fifty dollars ($50.00) received by a candidate be reported in
the manner set forth by the laws and regulations of the State of New Jersey.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, that Ordinance No. 13-05, known as “An
Ordinance Requiring Public Contracting Reform, and Amending and Supplementing the ‘Revised General Ordinances
of the City of Long Branch, New Jersey’ Accordingly,” which was adopted on May 10, 2005, is hereby amended and
supplemented as follows:
SECTION 1
Prohibition on Awarding Professional Contracts to Certain Contributors
(a)
The City of Long Branch shall not enter into an agreement for professional services with any individual
and/or professional business entity if that individual or entity has solicited or made any contribution of
money or pledge of a contribution including in-kind contributions, to a campaign of any City of Long Branch
candidate for Council or Mayor, in excess of the threshold specified in subsection (d) of this Section within
one calendar year immediately preceding the date of the contract or agreement unless cured pursuant to
Section 3. The prohibition set forth in this Paragraph shall also apply to any solicitation or contribution of
money or pledge of a contribution including in-kind contributions made during the applicable time period to
any City of Long Branch or Monmouth County Party Committee, or to any political action committee (PAC)
that is organized for the primary purpose of promoting or supporting City of Long Branch candidates for
Council or Mayor, so long as the solicitation or contribution was made with the intention on the part of the
contributor to conceal or misrepresent the source of the contribution.
(b)
No professional business entity which enters into negotiations for, or agrees to, any contact or agreement
with the municipality or any department or agency thereof or any of its independent authorities for the
rendition of professional services shall knowingly solicit or make any contribution of money, or pledge of a
contribution, including in-kind contributions, to any City of Long Branch candidate or holder of public
office having ultimate responsibility for the award of the contract, in excess of the amount set forth herein.
This Section is to include any and all professionals who provide political contributions to any candidate for
an office whether or not that candidate is presently in office or seeks office. The prohibition set forth in this
Paragraph shall also apply to any solicitation or contribution of money or pledge of a contribution including
in-kind contributions to any City of Long Branch or Monmouth County Party Committee, or to any political
action committee (PAC) that is organized for the primary purpose of promoting or supporting City of Long
Branch candidates for Council or Mayor, so long as the solicitation or contribution was made with the
intention on the part of the contributor to conceal or misrepresent the source of the contribution.
(c)
For purpose of this ordinance, a “professional business entity” seeking a public contract means an individual
including the individual’s spouse, if any, and any child living at home; person; firm; corporation,
professional corporation; partnership; organization; or association. The definition of a business entity
includes all principals who own ten percent (10%) or more of the equity in the corporation or business trust,
partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled
by the business entity.
(d)
Any individual meeting the definition of “professional business entity” under this section may annually
contribute a maximum of five hundred dollars ($500.00) per candidate for Mayor and/or Council Member on
an annual basis whether or not that individual has a professional services contract in place or not to the
maximum extent of three thousand dollars ($3,000) per annum per business entity. This section shall apply
to any presently sitting Councilperson and/or the Mayor of the City of Long Branch and shall also apply to
any individual who seeks to run for the office of Council person and/or Mayor of the City of Long Branch.
(i)
Any individual that owns less than ten (10%) percent of a professional business entity which
contracts with the City of Long Branch shall not be treated as a part of that entity.
(e)
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the
contract shall be:
(1)
The City of Long Branch, if the contract requires approval or appropriation from the Council.
(2)
The Mayor of the City of Long Branch, if the contract requires approval of the Mayor, or if a
public officer who is responsible for the award of a contract is appointed by the Mayor.
SECTION 2
Contributions Made Prior to Effective Date
No contribution of money or any other thing of value, including in-kind contributions, made by a professional
business entity to any municipal candidate for Mayor or Council, or to any municipal or county party committee, or to
any political action committee (PAC) that is organized for the primary purpose of promoting or supporting City of
Long Branch candidates for Council or Mayor, shall be deemed a violation of this section, nor shall an agreement for
property, good or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the
professional business entity prior to the effective date of this section.
SECTION 3
Penalty
(a)
All City of Long Branch professional service agreements shall provide that it shall be a breach of
the terms of the government contract for a professional business entity as defined in Section 1(c) to violate Section 1(b)
or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through
intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
(b)
Any professional business entity as defined in Section 1(c) and (d) who knowingly fails to reveal a
contribution made in violation of this Act, or who knowingly makes or solicits contributions through intermediaries for
the purpose of concealing or misrepresenting the source of the contribution, shall be subjected to a fine in the sum of
$2,500 so far as the first offense and for any second offense, shall be disqualified from eligibility for future City of
Long Branch contracts for a period of four calendar years from the date of the violation.
(c)
There shall be no breach of contract in the event a contribution is questioned and as a result of the
questioning of the contribution the individual and/or business entity who makes the contribution requests that the
contribution be returned by the campaign committee, the candidate or the political action committee to whom such
contribution was made. In the event of any disputes as to whether or not a campaign contribution is proper the matter
shall be submitted to arbitration before a retired Judge of the Superior Court of New Jersey.
SECTION 4
Reporting Requirements
Any contribution received by a candidate committee, joint candidates committee, or political committee,
during an election fund report period of more than fifty dollars ($50.00) or aggregate contributions received by such a
committee in an election from a contributor totaling more than fifty dollars ($50.00) during such a report period shall
be reported by providing the information set forth in N.J.A.C. 19:25-10.2
SECTION 5
Severability
If any provision of this law, or the application of any such provision to any person or circumstances, shall be
held invalid, the remainder of this law to the extent it can be given effect, or the application of such provision to
persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this extent the
provisions of this law are severable.
SECTION 6
Effective Date
This Ordinance shall take effect immediately upon final passage and publication in accordance with the law.
SECTION 7
Repealer
All other Ordinance or parts of Ordinances inconsistent herewith are hereby repealed to the extent of
such inconsistency.
Introduced: 6/14/05
Adopted: 6/28/05
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