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Request for Qualifications - Planning/Zoning
BID #: 34
ISSUED: 11/5/2025
DUE: 12/5/2025
VALUE: TBD
100
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Executive Summary
The City of Long Branch is soliciting qualifications for various professional services to support its Planning and Zoning Boards for the 2025/2026 calendar year. These services encompass legal counsel, engineering expertise, and planning guidance, both in regular and conflict capacities when primary providers have conflicts of interest. The selection process will prioritize firms with proven experience in New Jersey municipal land use, qualified personnel, and a comprehensive understanding of Long Branch's specific needs.
Key requirements include submitting qualifications in the specified format (original, photocopy, and flash drive copy) to the City Clerk by the stated deadline. Submissions must include detailed information about the firm's background, assigned personnel, relevant experience, references, and fee schedules. Compliance with New Jersey's Affirmative Action regulations, Business Registration requirements, and the City of Long Branch's “Pay to Play” ordinance is mandatory for all submitters.
Interested parties should note that any addenda related to these procurements will be issued on the city's website. It's the sole responsibility of the respondent to remain informed of all addenda from the bid posting date to the bid opening. The deadline for submissions is Thursday, December 4, 2025 at 11:00 AM, or December 5, 2024 @11AM for RFQ CY 25 Conflict ZB Planner 102524
Web Content
Bid Postings • Request for Qualifications - Planning/Zoning 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 - Planning/Zoning Category: Purchasing Status: Closed Description: Notice is hereby given that the City of Long Branch will receive Qualifications on Thursday, December 4, 2025, at 11:00 A.M. in City of Long Branch, City Hall, 344 Broadway Avenue, Long Branch, New Jersey for the following professional services: PLANNING BOARD CONFLICT ENGINEER PLANNING BOARD ATTORNEY PLANNING BOARD CONFLICT ATTORNEY PLANNING BOARD ENGINEER PLANNING BOARD PLANNER PLANNING BOARD CONFLICT PLANNER ZONING BOARD ATTORNEY ZONING BOARD CONFLICT ATTORNEY ZONING BOARD ENGINEER ZONING BOARD PLANNER ZONING BOARD CONFLICT ENGINEER ZONING BOARD CONFLICT PLANNER 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 one (1) original one (1) photocopy and (1) 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 website. Therefore, all interested respondents should check the website from now through bid opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to this procurement . The City of Long Branch reserves the right to reject 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: 11/5/2025 12:00 AM Closing Date/Time: 12/5/2025 12:00 AM Related Documents: RFQ CY26 Zoning Board Conflict Attorney 103125 RFQ CY26 Planning Board Attorney 103025 RFQ CY26 Planning Board Conflict Attorney 103025 RFQ CY 26 Zoning Board Engineer 103125 RFQ CY 26 ZB Planner 103025 RFQ CY 26 ZB Attorney 103125 RFQ CY 26 Planning Board Engineer 103025 RFQ CY 26 Planning Board Conflict Engineer 103025 RFQ CY 26 PB Planner 103025 RFQ CY 26 Conflict Zoning Board Engineer 103125 RFQ CY 26 Conflict PB Planner 103025 RFQ CY 25 Conflict ZB Planner 102524 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 CY26 Zoning Board Conflict Attorney 103125 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
ZONING BOARD CONFLICT ATTORNEY SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
GLENN RASSAS
DR. ANITA VOOGT
MARIO VIEIRA
PROPOSAL DUE DATE: DECEMBER 4, 2025 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday, December 4, 2025, at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
• ZONING BOARD CONFLICT ATTORNEY
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 one (1) original one (1) photocopy and (1) 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 website. Therefore, all interested respondents
should check the website from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
The City of Long Branch reserves the right to reject 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 by a committee established by the Long Branch
Zoning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm in the field of legal representation to
a New Jersey municipal Zoning Board. (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 expertise required to
perform the contract. (10) POINTS
• Ability of the firm to perform the services on a timely basis, including
staffing and familiarity with the subject matter. (10) POINTS
• Experience with or specific knowledge of Long Branch as it pertains to this
contract. (20) POINTS
• References (10) POINTS
• Cost consideration, including, but not limited to 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 Legal Services as Zoning Board Conflict
Attorney
The City of Long Branch, on behalf of the Long Branch Zoning Board, will receive
qualifications from attorneys to provide legal services as Zoning Board Conflict
Attorney for the calendar year 2026. Respondent will provide services as
Conflict attorney for the Board (in cases where the Board Attorney is
unable to represent the Board due to a conflict of interest) in accordance
with the terms thereof. Services may include, but are not limited to, attendance
at regular and special Zoning Board Meetings, review of applications before the
Board, preparation of resolutions for action by the Board, preparation of
professional service contracts, legal research and advice on particular projects
before the board or on other matters as requested and required by the Board,
and any other legal services deemed to be associated with the position as
Conflict Board Attorney.
Qualifications submission must include all the following:
1. Name, address, phone number and fax number of firm. (If multiple office
sites, list all, and indicate corporate office). Web Site and email address
of the firm, if any.
2. Biography or history of the firm.
3. List of principals and/or partners
4. List of attorneys that would be assigned to Long Branch Zoning Board
matters, including a summary of their education, qualifications, expertise
and experience as it relates to the services the Board requires. Indicate
the approximate percentage of work each would be assigned. The
principals or partners assigned to Long Branch must have a minimum of
10 years’ experience in New Jersey Municipal Land Use law.
5. List of References from at least two New Jersey municipal Zoning Boards
for which the firm has provided similar services, including name, address,
phone and contact information.
6. Prior experience, if any, the firm may provide services to the Long Branch
Zoning Board, and/or the City of Long Branch, and in what capacity.
7. List of municipalities/boards currently under contract with the firm.
8. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for attorneys and employees assigned to
Long Branch matters.
9. Provide a schedule of all other fees routinely charged by the firm for
during the course of providing services to the Board
10.Copy of current Certificate of Insurance for Professional Liability Coverage.
Submission of Proposal
One original, one (1) photocopy and (1) flash drive Copy of the submission
package must be submitted to the City for consideration by the Planning Board.
In addition to the above required information, legal 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.
Proposals must be forwarded to the City Clerk in sealed and labeled envelopes
as indicated on Page 1 of this document.
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 from public Entities in a 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 CY26 Planning Board Attorney 103025 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
PLANNING BOARD ATTORNEY SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
GLENN RASSAS
DR. ANITA VOOGT
MARIO VIEIRA
PROPOSAL DUE DATE: DECEMBER 4, 2025 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday, December 4, 2025, at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
• PLANNING BOARD CONFLICT ENGINEER
• PLANNING BOARD ATTORNEY
• PLANNING BOARD CONFLICT ATTORNEY
• PLANNING BOARD ENGINEER
• PLANNING BOARD CONFLICT PLANNER
• ZONING BOARD ATTORNEY
• ZONING BOARD CONFLICT ATTORNEY
• ZONING BOARD ENGINEER
• ZONING BOARD PLANNER
• ZONING BOARD CONFLICT ENGINEER
• ZONING BOARD CONFLICT PLANNER
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 one (1) original one (1) photocopy and (1) 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 website. Therefore, all interested respondents
should check the website from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
The City of Long Branch reserves the right to reject 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
City of Long Branch
Proposals will be reviewed by a committee established by the Long Branch
Planning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm in the field of legal representation to
a New Jersey municipal Planning Board. (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 familiarity with the subject matter. (10) POINTS
• Experience with or specific knowledge of Long Branch as it pertains to this
contract. (20) POINTS
• References (10) POINTS
• Cost consideration, including, but not limited to 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 Legal Services as Planning Board Attorney
The City of Long Branch, on behalf of the Long Branch Planning Board, will
receive qualifications from attorneys to provide legal services as Planning Board
Attorney for the calendar year 2026 Services may include, but are not limited to,
attendance at regular and special Planning Board Meetings, review of
applications before the Board, preparation of resolutions for action by the Board,
preparation of professional service contracts, legal research and advice on
particular projects before the board or on other matters as requested and
required by the Board, and any other legal services deemed to be associated
with the position as Board Attorney.
Qualifications submission must include all of the following:
1. Name, address, phone number and fax number of firm. (If multiple office
sites, list all, and indicate corporate office). Web Site and email address
of the firm, if any.
2. Biography or history of the firm.
3. List of principals and/or partners
4. List of attorneys that would be assigned to Long Branch Planning Board
matters, including a summary of their education, qualifications, expertise
and experience as it relates to the services the Board requires. Indicate
the approximate percentage of work each would be assigned. The
principals or partners assigned to Long Branch must have a minimum of
10 years’ experience in New Jersey Municipal Land Use law.
5. List of References from at least two New Jersey municipal Planning
Boards for which the firm has provided similar services, including name,
address, phone and contact information.
6. Prior experience, if there was any, the firm may have provided services to
the Long Branch Planning Board, and/or the City of Long Branch, and in
what capacity.
7. List of municipalities/boards currently under contract with the firm.
8. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for attorneys and employees assigned to
Long Branch matters.
9. Provide a schedule of all other fees routinely charged by the firm for
providing services to the Board.
10. Copy of current Certificate of Insurance for Professional Liability
Coverage.
Submission of Proposal
One original one (1) photocopy and (1) flash drive copy of the submission
package must be submitted to the City for consideration by the Planning Board.
In addition to the above required information, legal 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.
Proposals must be forwarded to the City Clerk in sealed and labeled envelopes
as indicated on Page 1 of this document.
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 from public Entities in a 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 CY26 Planning Board Conflict Attorney 103025 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
PLANNING BOARD CONFLICT ATTORNEY SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
GLENN RASSAS
DR. ANITA VOOGT
MARIO VIEIRA
PROPOSAL DUE DATE: DECEMBER 4, 2025 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday, December 4, 2025, at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
• PLANNING BOARD CONFLICT ATTORNEY
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 one (1) original one (1) photocopy and (1) 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 website. Therefore, all interested respondents
should check the website from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
The City of Long Branch reserves the right to reject 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 by a committee established by the Long Branch
Planning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm in the field of legal representation to
a New Jersey municipal Planning Board. (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 familiarity with the subject matter. (10) POINTS
• Experience with or specific knowledge of Long Branch as it pertains to this
contract. (20) POINTS
• References (10) POINTS
• Cost consideration, including, but not limited to 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 Legal Services as Planning Board Conflict
Attorney
The City of Long Branch, on behalf of the Long Branch Planning Board, will
receive qualifications from attorneys to provide legal services as Planning Board
Conflict Attorney for the calendar year 2026. Respondent will provide services
as Conflict attorney for the Board (in cases where the Board Attorney is
unable to represent the Board due to a conflict of interest) in accordance
with the terms thereof. Services may include, but are not limited to, attendance
at regular and special Planning Board Meetings, review of applications before the
Board, preparation of resolutions for action by the Board, preparation of
professional service contracts, legal research and advice on particular projects
before the board or on other matters as requested and required by the Board,
and any other legal services deemed to be associated with the position as
Conflict Board Attorney.
Qualifications submission must include all the following:
1. Name, address, phone number and fax number of firm. (If multiple office
sites, list all, and indicate corporate office). Web Site and email address
of the firm, if any.
2. Biography or history of the firm.
3. List of principals and/or partners
4. List of attorneys that would be assigned to Long Branch Planning Board
matters, including a summary of their education, qualifications, expertise
and experience as it relates to the services the Board requires. Indicate
the approximate percentage of work each would be assigned. The
principals or partners assigned to Long Branch must have a minimum of
10 years’ experience in New Jersey Municipal Land Use law.
5. List of References from at least two New Jersey municipal Planning
Boards for which the firm has provided similar services, including name,
address, phone and contact information.
6. Prior experience, if any, the firm may have provided services to the Long
Branch Planning Board, and/or the City of Long Branch, and in what
capacity.
7. List of municipalities/boards currently under contract with the firm.
8. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for attorneys and employees assigned to
Long Branch matters.
9. Provide a schedule of all other fees routinely charged by the firm for
during the course of providing services to the Board
10. Copy of current Certificate of Insurance for Professional Liability
Coverage.
Submission of Proposal
One original, one (1) photocopy and (1) flash drive Copy of the submission
package must be submitted to the City for consideration by the Planning Board.
In addition to the above required information, legal 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.
Proposals must be forwarded to the City Clerk in sealed and labeled envelopes
as indicated on Page 1 of this document.
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 more
than $50,000 from public Entities in a 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 CY 26 Zoning Board Engineer 103125 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
ZONING BOARD ENGINEERING SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
GLENN RASSAS
DR. ANITA VOOGT
MARIO VIEIRA
PROPOSAL DUE DATE: DECEMBER 4, 2025 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday, December 4, 2025, at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
• PLANNING BOARD ATTORNEY
• PLANNING BOARD CONFLICT ATTORNEY
• PLANNING BOARD ENGINEER
• ZONING BOARD ATTORNEY
• ZONING BOARD CONFLICT ATTORNEY
• ZONING BOARD ENGINEER
• ZONING BOARD PLANNER
• ZONING BOARD CONFLICT ENGINEER
• ZONING BOARD CONFLICT PLANNER
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.visitlongbranch.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 one (1) original one (1) photocopy and (1) 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 website. Therefore, all interested respondents
should check the website from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
The City of Long Branch reserves the right to reject 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 by a committee established by the Long Branch
Zoning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm in the field of municipal engineering
as it relates to services required by a Zoning Board. (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 expertise required to
perform the contract. (10) POINTS
• Ability of the firm to perform the services on a timely basis, including
staffing 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 (10) POINTS
• Cost consideration, including, but not limited to 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 Board 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 Zoning Board Engineering Services
The City of Long Branch, on behalf of the Long Branch Zoning Board, will receive
qualifications from firms to provide municipal engineering services to the Board
for the 2026 calendar year. The engineering services that may be required may
include, but are not limited to, plan reviews of projects before the board, site
inspections of approved developer projects, attendance at regular and special
Zoning Board meetings. Additionally, the engineer may be required to provide
assistance and advice on plans before the Board, and other engineering services
as may be requested by the Board and deemed to be associated with the
position as Board Engineer.
Qualifications submission must include all the following information:
1. Name, address, phone number and fax number of firm. (If multiple office
sites, list all, and indicate corporate office). Web Site and email address of
the firm, if any.
2. Biography or history of the firm; staffing (i.e. number of engineers, other
professionals of various types, and clerical staff).
3. List of principals and/or partners
4. List of engineers that would be assigned to Long Branch Zoning Board
matters, including a summary of their education, qualifications, expertise
and experience as it relates to the areas of engineering services the Board
may require. Indicate the approximate percentage of work each would be
assigned. The principals or partners assigned to Long Branch must have
a minimum of 10 years’ experience in providing services to a New Jersey
municipal Zoning Board.
5. List of References from at least 2 municipal Zoning Boards for which the
firm has provided similar services, including name, address, phone and
contact information.
6. Prior experience, if any, the firm may have provided services to the Long
Branch Zoning Board, or the City of Long Branch, and in what capacity.
7. List of municipalities/zoning boards currently under contract with the firm.
8. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for engineers and employees assigned to
Long Branch Zoning Board matters
9. Provide a schedule of all other fees routinely charged by the firm for
during the course of providing services.
10. Copy of current Certificate of Insurance for Professional Liability
Coverage.
One original, one (1) photocopy and (1) flash drive of the submission package
must be submitted to the City for consideration by the Zoning Board. In addition
to the above required information, engineering 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. Proposals must be
forwarded to the City Clerk in sealed and labeled envelopes, as indicated on
Page 1 of this document.
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 from public Entities in a 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 CY 26 ZB Planner 103025 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
ZONING BOARD PLANNING SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
GLENN RASSAS
DR. ANITA VOOGT
MARIO VIEIRA
PROPOSAL DUE DATE: DECEMBER 4, 2025 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday, December 4, 2025, at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
• ZONING BOARD PLANNER
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 one (1) original one (1) photocopy and (1) 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.
The 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 by a committee established by the Long Branch
Zoning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm as licensed professional planners
in providing planning services as required by a municipal Zoning Board.
(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 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 (10) POINTS
• Cost consideration, including, but not limited to 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 Board 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 Professional Planning Services
The City of Long Branch, on behalf of the Long Branch Zoning Board, will receive
qualifications from firms to provide professional planning services to the Board
for the 2026 calendar year. Planning services that may be required include, but
are not limited to, review of site and subdivision plans as requested, act as
liaison between the Board and other City Boards, agencies and departments,
representation of the Zoning Board as its Planner pursuant to the Municipal Land
Use Law and other applicable laws and ordinances, advise the Board on all
planning matters under the Board’s jurisdiction and as to its responsibility under
Municipal Land Use Law, provide assistance to the Board in decision making at
meetings, and, as applicable, provide advice to the Board as to how a plan may
be modified or re-designed to meet City zoning and planning requirements and/or
to attain a better project. Additionally, the Planner must, if requested, attend
meetings of the Zoning Board, prepare special reports, plans, studies, and similar
work as requested, and may be required to provide other planning services as
may be deemed to be associated with the position as Zoning Board Planner.
Qualifications submission must include all of the following information:
1. Name, address, phone and fax number of firm. (If multiple office sites, list
all, and indicate corporate office). Web Site and email address of the firm,
if any.
2. Biography or history of the firm; staffing (i.e. number of engineers, other
professionals of various types, and clerical staff).
3. List of principals and/or partners
4. List of planners that would be assigned to Long Branch Zoning Board
matters, including a summary of their educations, qualifications, expertise
and experience as it relates to the areas of engineering services the Board
may require. Indicate the approximate percentage of work each would be
assigned. The principals or partners assigned to Long Branch must have
a minimum of 10 years experience in providing planning services to a New
Jersey municipal Zoning Board.
5. List of References from at least 2 municipal Zoning Boards for which the
firm has provided similar services, including name, address, phone and
contact information.
6. Prior experience, if any, the firm may have providing services to the Long
Branch Zoning Board, or the City of Long Branch, and in what capacity.
7. List of municipalities/zoning boards currently under contract with the firm.
8. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for planners and other employees
assigned to Long Branch Zoning Board matters.
9. Provide a schedule of any and all other fees routinely charged by the firm
for during the course of providing services.
10. Copy of current Certificate of Insurance for Professional Liability
Coverage.
One original (1) photo copy and (1) flash drive of the submission package must
be submitted to the City for consideration by the Zoning Board. In addition to the
above required information, the firm 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. Proposals must be forwarded to the
City Clerk in sealed and labeled envelopes, as indicated on Page 1 of this
document.
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 from public Entities in a 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 CY 26 ZB Attorney 103125 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
ZONING BOARD ATTORNEY SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
GLENN RASSAS
DR. ANITA VOOGT
MARIO VIEIRA
PROPOSAL DUE DATE: DECEMBER 4, 2025 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday, December 4, 2025 at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
• ZONING BOARD ATTORNEY
• ZONING BOARD CONFLICT ATTORNEY
• ZONING BOARD ENGINEER
• ZONING BOARD PLANNER
• ZONING BOARD CONFLICT ENGINEER
• ZONING BOARD CONFLICT PLANNER
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 one (1) original one (1) photocopy and (1) 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 website. Therefore, all interested respondents
should check the website from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
The City of Long Branch reserves the right to reject 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 by a committee established by the Long Branch
Zoning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm in the field of legal representation to
a New Jersey municipal Zoning Board of Adjustment. (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 expertise required to
perform the contract. (10) POINTS
• Ability of the firm to perform the services on a timely basis, including
staffing and familiarity with the subject matter. (10) POINTS
• Experience with or specific knowledge of Long Branch as it pertains to this
contract. (20) POINTS
• References (10) POINTS
• Cost consideration, including, but not limited to 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).
Request for Qualifications for Legal Services as Zoning Board Attorney
The City of Long Branch, on behalf of the Long Branch Zoning Board, will receive
qualifications from attorneys to provide legal services as Zoning Board Attorney
for the calendar year 2026. Services may include, but are not limited to,
attendance at regular and special Zoning Board Meetings, review of applications
before the Board, preparation of resolutions for action by the Board, preparation
of professional service contracts, legal research and advice on particular projects
before the board or on other matters as requested and required by the Board,
and any other legal services deemed to be associated with the position as Board
Attorney.
Qualifications submission must include all of the following:
1. Name, address, phone number and fax number of firm. (if multiple office
sites, list all, and indicate corporate office). Web Site and email address
of the firm, if any.
2. Biography or history of the firm.
3. List of principals and/or partners
4. List of attorneys that would be assigned to Long Branch Zoning Board
matters, including a summary of their education, qualifications, expertise
and experience as it relates to the services the Board requires. Indicate
the approximate percentage of work each would be assigned. The
principals or partners assigned to Long Branch must have a minimum of
10 years’ experience in New Jersey Municipal Land Use law.
5. List of References from at least two New Jersey municipal Zoning Boards
for which the firm has provided similar services, including name, address,
phone and contact information.
6. Prior experience, if there is any, the firm may have providing services to
the Long Branch Zoning Board, and/or the City of Long Branch, and in
what capacity.
7. List of municipalities/boards currently under contract with the firm.
8. Provide the desired retainer fee for attendance at regularly scheduled
board meetings.
9. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for attorneys and employees assigned to
Long Branch Zoning Board matters.
10. Provide a schedule of all other fees routinely charged by the firm for
during the course of providing services to the Board.
11. Copy of current Certificate of Insurance for Professional Liability
Coverage.
Submission of Proposal
One original (1) photocopy and (1) flash drive of the submission package must
be submitted to the City for consideration by the Zoning Board. In addition to the
above required information, legal 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. Proposals must be forwarded to
the City Clerk in sealed and labeled envelopes as indicated on Page 1 of this
document.
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 from public Entities in a 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 CY 26 Planning Board Engineer 103025 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
PLANNING BOARD ENGINEERING SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
GLENN RASSAS
DR. ANITA VOOGT
MARIO VIEIRA
PROPOSAL DUE DATE: DECEMBER 4, 2025 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday, December 4, 2025, at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
• PLANNING BOARD ENGINEER
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.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 one (1) original one (1) photocopy and (1) 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 website. Therefore, all interested respondents
should check the website from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
The City of Long Branch reserves the right to reject 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 by a committee established by the Long Branch
Planning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm in the field of municipal engineering
as it relates to services required by a Planning Board. (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 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 (10) POINTS
• Cost consideration, including, but not limited to 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 Board 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 Planning Board Engineering Services
The City of Long Branch, on behalf of the Long Branch Planning Board, will
receive qualifications from firms to provide municipal engineering services to the
Board for the 2026 calendar year. The engineering services that may be
required may include, but are not limited to, planning review of projects before
the board, site inspections of approved developer projects, and attendance at
regular and special Planning Board meetings. Additionally, the engineer may be
required to aid and advise on plans before the Board, and other engineering
services as may be requested by the Board and deemed to be associated with
the position as Board Engineer.
Qualifications submission must include all the following information:
1. Name, address, phone number and fax number of firm. (If multiple office
sites, list all, and indicate corporate office). Web Site and email address of
the firm, if any.
2. Biography or history of the firm; staffing (i.e. number of engineers, other
professionals of various types, and clerical staff).
3. List of principals and/or partners
4. List of engineers that would be assigned to Long Branch Planning Board
matters, including a summary of their education, qualifications, expertise
and experience as it relates to the areas of engineering services the Board
may require. Indicate the approximate percentage of work each would be
assigned. The principals or partners assigned to Long Branch must have
a minimum of 10 years’ experience in providing services to a New Jersey
municipal Planning Board.
5. List of References from at least 2 municipal Planning Boards for which the
firm has provided similar services, including name, address, phone and
contact information.
6. Prior experience, if any, the firm may have provided services to the Long
Branch Planning Board, or the City of Long Branch, and in what capacity.
7. List of municipalities/planning boards currently under contract with the
firm.
8. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for engineers and employees assigned to
Long Branch Planning Board matters
9. Provide a schedule of any and all other fees routinely charged by the firm
for during the course of providing services.
10. Copy of current Certificate of Insurance for Professional Liability
Coverage.
One original, one (1) photocopy and (1) flash drive of the submission package
must be submitted to the City for consideration by the Planning Board. In
addition to the above required information, engineering 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.
Proposals must be forwarded to the City Clerk in sealed and labeled envelopes,
as indicated on Page 1 of this document.
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 from public Entities in a 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 CY 26 Planning Board Conflict Engineer 103025 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
PLANNING BOARD CONFLICT ENGINEERING SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
DR. ANITA VOOGT
GLENN RASSAS
MARIO VIEIRA
PROPOSAL DUE DATE: DECEMBER 4, 2025 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday, December 4, 2025, at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
• PLANNING BOARD CONFLICT ENGINEER
• PLANNING BOARD ATTORNEY
• PLANNING BOARD CONFLICT ATTORNEY
• PLANNING BOARD ENGINEER
• PLANNING BOARD PLANNER
• PLANNING BOARD CONFLICT PLANNER
• ZONING BOARD ATTORNEY
• ZONING BOARD CONFLICT ATTORNEY
• ZONING BOARD ENGINEER
• ZONING BOARD PLANNER
• ZONING BOARD CONFLICT ENGINEER
• ZONING BOARD CONFLICT PLANNER
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 one (1) original one (1) photocopy and (1) 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 website. Therefore, all interested respondents
should check the website from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
The City of Long Branch reserves the right to reject 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, Monmouth County
Proposals will be reviewed by a committee established by the Long Branch
Planning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm in the field of municipal engineering
as it relates to services required by a Planning Board. (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 expertise required to
perform the contract. (10) POINTS
• Ability of the firm to perform the services on a timely basis, including
staffing 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 (10) POINTS
• Cost consideration, including, but not limited to 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 Board 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 Planning Board Conflict Engineering
Services
The City of Long Branch, on behalf of the Long Branch Planning Board, will
receive qualifications from firms to provide municipal Conflict engineering
services to the Board for the 2026 calendar year. Respondent will provide
services as Conflict Engineering for the Board (in cases where the
Planning Board Engineer is unable to represent the Planning Board due to
a conflict of interest.) Conflict Engineering Board services that may be required
include, but are not limited to, planning reviews of projects before the board, site
inspections of approved developer projects, attendance at regular and special
Planning Board meetings. Additionally, the conflict engineer may be required to
provide assistance and advice on plans before the Board, and other engineering
services as may be requested by the Board and deemed to be associated with
the position as Conflict Board Engineer.
Qualifications submission must include all the following information:
1. Name, address, phone number and fax number of firm. (If multiple office
sites, list all, and indicate corporate office). Web Site and email address of
the firm, if any.
2. Biography or history of the firm; staffing (i.e. number of engineers, other
professionals of various types, and clerical staff).
3. List of principals and/or partners
4. List of engineers that would be assigned to Long Branch Planning Board
matters, including a summary of their education, qualifications, expertise
and experience as it relates to the areas of engineering services the Board
may require. Indicate the approximate percentage of work each would be
assigned. The principals or partners assigned to Long Branch must have
a minimum of 10 years’ experience in providing services to a New Jersey
municipal Planning Board.
5. List of References from at least 2 municipal Planning Boards for which the
firm has provided similar services, including name, address, phone and
contact information.
6. Prior experience, if any, the firm may have provided services to the Long
Branch Planning Board, or the City of Long Branch, and in what capacity.
7. List of municipalities/planning boards currently under contract with the
firm.
8. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for engineers and employees assigned to
Long Branch Planning Board matters
9. Provide a schedule of any and all other fees routinely charged by the firm
for during the course of providing services.
10. Copy of current Certificate of Insurance for Professional Liability
Coverage.
One original, one (1) photocopy and (1) flash drive of the submission package
must be submitted to the City for consideration by the Planning Board. In
addition to the above required information, engineering 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.
Proposals must be forwarded to the City Clerk in sealed and labeled envelopes,
as indicated on Page 1 of this document.
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 from public Entities in a 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 CY 26 PB Planner 103025 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
PLANNING BOARD PLANNING SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
GLENN RASSAS
DR. ANITA VOOGT
MARIO VIEIRA
PROPOSAL DUE DATE: DECEMBER 4, 2025 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday, December 4, 2025 at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
• PLANNING BOARD PLANNER
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 one (1) original one (1) photocopy and (1) 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 website. Therefore, all interested respondents
should check the website from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
The City of Long Branch reserves the right to reject 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 by a committee established by the Long Branch
Planning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm as licensed professional planners
in providing planning services as required by a municipal Planning Board.
(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 expertise required to
perform the contract. (10) POINTS
• Ability of the firm to perform the services on a timely basis, including
staffing 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 (10) POINTS
• Cost consideration, including, but not limited to 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 Board 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 Professional Planning Services
The City of Long Branch, on behalf of the Long Branch Planning Board, will
receive qualifications from firms to provide professional planning services to the
Board for the 2026 calendar year. Planning services that may be required
include, but are not limited to, review of site and subdivision plans as requested,
act as liaison between the Board and other City Boards, agencies and
departments, representation of the Planning Board as its Planner pursuant to the
Municipal Land Use Law and other applicable laws and ordinances, advise the
Board on all planning matters under the Board’s jurisdiction and as to its
responsibility under Municipal Land Use Law, provide assistance to the Board in
decision making at meetings, and, as applicable, provide advice to the Board as
to how a plan may be modified or re-designed to meet City zoning and planning
requirements and/or to attain a better project. Additionally, the Planner must, if
requested, attend meetings of the Planning Board, prepare special reports,
plans, studies, and similar work as requested, and may be required to provide
other planning services as may be deemed to be associated with the position as
Planning Board Planner.
Qualifications submission must include all the following information:
1. Name, address, phone number and fax number of firm. (If multiple office
sites, list all, and indicate corporate office). Web Site and email address of
the firm, if any.
2. Biography or history of the firm; staffing (i.e. number of engineers, other
professionals of various types, and clerical staff).
3. List of principals and/or partners
4. List of planners that would be assigned to Long Branch Planning Board
matters, including a summary of their education, qualifications, expertise
and experience as it relates to the areas of engineering services the Board
may require. Indicate the approximate percentage of work each would be
assigned. The principals or partners assigned to Long Branch must have
a minimum of 10 years’ experience in providing planning services to a
New Jersey municipal Planning Board.
5. List of References from at least 2 municipal Planning Boards for which the
firm has provided similar services, including name, address, phone and
contact information.
6. Prior experience, if any, the firm may have provided services to the Long
Branch Planning Board, or the City of Long Branch, and in what capacity.
7. List of municipalities/planning boards currently under contract with the
firm.
8. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for planners and other employees
assigned to Long Branch Planning Board matters.
9. Provide a schedule of all other fees routinely charged by the firm for
during the course of providing services.
10. Copy of current Certificate of Insurance for Professional Liability
Coverage.
One original (1) photocopy and (1) flash drive of the submission package must
be submitted to the City for consideration by the Planning Board. In addition to
the above required information, the firm 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. Proposals must be forwarded to
the City Clerk in sealed and labeled envelopes, as indicated on Page 1 of this
document.
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 from public Entities in a 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 CY 26 Conflict Zoning Board Engineer 103125 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
ZONING BOARD CONFLICT ENGINEERING SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
GLENN RASSAS
DR. ANITA VOOGT
MARIO VIEIRA
PROPOSAL DUE DATE: DECEMBER 4, 2025 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday, December 4, 2025 at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
• ZONING BOARD CONFLICT ENGINEER
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 one (1) original one (1) photocopy and (1) 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 website. Therefore, all interested respondents
should check the website from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
The City of Long Branch reserves the right to reject 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 by a committee established by the Long Branch
Zoning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm in the field of municipal conflict
engineering as it relates to services required by a Zoning Board.
(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 expertise required to
perform the contract. (10) POINTS
• Ability of the firm to perform the services on a timely basis, including
staffing 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 (10) POINTS
• Cost consideration, including, but not limited to 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 Board 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 Zoning Board Conflict Engineering Services
The City of Long Branch, on behalf of the Long Branch Zoning Board, will receive
qualifications from firms to provide municipal conflict engineering services to the
Board for the 2026 calendar year. Respondents will provide services as
Conflict Engineer for the Board (in cases where the Board Engineer is
unable to represent the Board due to a conflict of interest) in accordance
with the terms thereof. The conflict engineering services that may be required
may include, but are not limited to, plan review of projects before the board, site
inspections of approved developer projects, attendance at regular and special
Zoning Board meetings. Additionally, the conflict engineer may be required to
help and advice on plans before the Board, and other conflict engineering
services as may be requested by the Board and deemed to be associated with
the position as Board Conflict Engineer.
Qualifications submission must include all the following information:
1. Name, address, phone number and fax number of firm. (If multiple office
sites, list all, and indicate corporate office). Web Site and email address of
the firm, if any.
2. Biography or history of the firm; staffing (i.e. number of engineers, other
professionals of various types, and clerical staff).
3. List of principals and/or partners
4. List of conflict engineers that would be assigned to Long Branch Zoning
Board matters, including a summary of their education, qualifications,
expertise and experience as it relates to the areas of conflict engineering
services the Board may require. Indicate the approximate percentage of
work each would be assigned. The principals or partners assigned to
Long Branch must have a minimum of 10 years’ experience in providing
services to a New Jersey municipal Zoning Board.
5. List of References from at least 2 municipal Zoning Boards for which the
firm has provided similar services, including name, address, phone and
contact information.
6. Prior experience, if any, the firm may have provided services to the Long
Branch Zoning Board, or the City of Long Branch, and in what capacity.
7. List of municipalities/zoning boards currently under contract with the firm.
8. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for conflict engineers and employees
assigned to Long Branch Zoning Board matters
9. Provide a schedule of all other fees routinely charged by the firm for
during the course of providing services.
10. Copy of current Certificate of Insurance for Professional Liability
Coverage.
One original, one (1) photocopy and (1) flash drive of the submission package
must be submitted to the City for consideration by the Zoning Board. In addition
to the above required information, engineering 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. Proposals must be
forwarded to the City Clerk in sealed and labeled envelopes, as indicated on
Page 1 of this document.
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 from public Entities in a 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 CY 26 Conflict PB Planner 103025 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
PLANNING BOARD CONFLICT PLANNING SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
GLENN RASSAS
DR. ANITA VOOGT
MARIO VIEIRA
PROPOSAL DUE DATE: DECEMBER 4, 2025 @11AM
City of Long Branch
Request for Qualifications
Notice is hereby given that the City of Long Branch will receive Qualifications on
Thursday, December 4, 2025 at 11:00 A.M. in City of Long Branch, City Hall, 344
Broadway Avenue, Long Branch, New Jersey for the following professional services:
• PLANNING BOARD CONFLICT PLANNER
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 one (1) original one (1) photocopy and (1) 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 website. Therefore, all interested respondents
should check the website from now through bid opening. It is the sole responsibility
of the respondent to be knowledgeable of all addenda related to this procurement.
The City of Long Branch reserves the right to reject 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 by a committee established by the Long Branch
Planning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm as licensed professional planners
in providing planning services as required by a municipal Planning Board.
(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 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 (10) POINTS
• Cost consideration, including, but not limited to 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 Board 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 Professional Conflict Planning Board
Services
The City of Long Branch, on behalf of the Long Branch Planning Board, will
receive qualifications from firms to provide Conflict professional planning board
services to the Board for the 2026 calendar year. Respondents will provide
services as Conflict Planning Board for the Board (in cases where the
Planning Board planner is unable to represent the Planning Board due to a
conflict of interest.) Conflict Planning Board services that may be required
include, but are not limited to, review of site and subdivision plans as requested,
act as liaison between the Board and other City Boards, agencies and
departments, representation of the Planning Board as its Planner pursuant to the
Municipal Land Use Law and other applicable laws and ordinances, advise the
Board on all conflict planning matters under the Board’s jurisdiction and as to its
responsibility under Municipal Land Use Law, provide assistance to the Board in
decision making at meetings, and, as applicable, provide advice to the Board as
to how a plan may be modified or re-designed to meet City zoning and planning
requirements and/or to attain a better project. Additionally, the Conflict Planner
Board Planner must, if requested, attend meetings of the Planning Board,
prepare special reports, plans, study, and similar work as requested, and may be
required to provide other planning services as may be deemed to be associated
with the position as Conflict Planning Board Planner.
Qualifications submission must include all of the following information:
1. Name, address, phone number and fax number of firm. (If multiple office
sites, list all, and indicate corporate office). Web Site and email address of
the firm, if any.
2. Biography or history of the firm; staffing (i.e. number of engineers, other
professionals of various types, and clerical staff).
3. List of principals and/or partners
4. List of planners that would be assigned to Long Branch Planning Board
matters, including a summary of their education, qualifications, expertise
and experience as it relates to the areas of engineering services the Board
may require. Indicate the approximate percentage of work each would be
assigned. The principals or partners assigned to Long Branch must have
a minimum of 10 years’ experience in providing planning services to a
New Jersey municipal Planning Board.
5. List of References from at least 2 municipal Planning Boards for which the
firm has provided similar services, including name, address, phone and
contact information.
6. Prior experience, if there is any, the firm may have provided services to
the Long Branch Planning Board, or the City of Long Branch, and in what
capacity.
7. List of municipalities/planning boards currently under contract with the
firm.
8. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for planners and other employees
assigned to Long Branch Planning Board matters.
9. Provide a schedule of all other fees routinely charged by the firm for
providing services.
10. Copy of current Certificate of Insurance for Professional Liability
Coverage.
One original (1) photocopy and (1) flash drive of the submission package must
be submitted to the City for consideration by the Planning Board. In addition to
the above required information, the firm 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. Proposals must be forwarded to
the City Clerk in sealed and labeled envelopes, as indicated on Page 1 of this
document.
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 from public Entities in a 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 CY 25 Conflict ZB Planner 102524 ---
CITY OF
LONG BRANCH
MONMOUTH COUNTY, NEW JERSEY
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICE CONTRACT
ZONING BOARD CONFLICT PLANNING SERVICES
MAYOR JOHN PALLONE
CHARLES F. SHIRLEY, BUSINESS ADMINISTRATOR
CITY COUNCIL
ROSE WIDDIS
BILL DANGLER
DR. MARY JANE CELLI
DR. ANITA VOOGT
MARIO VIEIRA
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:
• ZONING BOARD CONFLICT PLANNER
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 one (1) original one (1) photocopy and (1) 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.
The 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 by a committee established by the Long Branch
Zoning Board, and a contract awarded based upon the following criteria:
• Experience and reputation of the firm as licensed professional planners
in providing conflict planning services as required by a municipal Zoning
Board.
• Qualifications of the individuals who will perform the required services,
and their respective participation.
• Experience of the individuals as it relates to the particular expertise
required to perform the contract.
• Ability of the firm to perform the services on a timely basis, including
staffing and familiarity with the subject matter.
• Experience with or specific knowledge of the City of Long Branch as it
pertains to this contract.
• References
• Cost consideration, including, but not limited to 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 Board 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).
Request for Qualifications for Professional Conflict Planning Services
The City of Long Branch, on behalf of the Long Branch Zoning Board, will receive
qualifications from firms to provide professional conflict planning services to the
Board for the 2025 calendar year. Respondent will provide services as
Conflict Planner for the Board (in cases where the Board Planner is unable
to represent the Board due to a conflict of interest ) .Conflict Planning
services that may be required include, but are not limited to, review of site and
subdivision plans as requested, act as liaison between the Board and other City
Boards, agencies and departments, representation of the Zoning Board as its
Conflict Planner pursuant to the Municipal Land Use Law and other applicable
laws and ordinances, advise the Board on all conflict planning matters under the
Board’s jurisdiction and as to its responsibility under Municipal Land Use Law,
provide assistance to the Board in decision making at meetings, and, as
applicable, provide advice to the Board as to how a plan may be modified or re-
designed to meet City zoning and planning requirements and/or to attain a better
project. Additionally, the Conflict Planner must, if requested, attend meetings of
the Zoning Board, prepare special reports, plans, studies, and similar work as
requested, and may be required to provide other planning services as may be
deemed to be associated with the position as Conflict Zoning Board Planner.
Qualifications submission must include all of the following information:
1. Name, address, phone and fax number of firm. (If multiple office sites, list
all, and indicate corporate office). Web Site and email address of the firm,
if any.
2. Biography or history of the firm; staffing (i.e. number of engineers, other
professionals of various types, and clerical staff).
3. List of principals and/or partners
4. List of conflict planners that would be assigned to Long Branch Zoning
Board matters, including a summary of their educations, qualifications,
expertise and experience as it relates to the areas of Conflict Planning
services the Board may require. Indicate the approximate percentage of
work each would be assigned. The principals or partners assigned to
Long Branch must have a minimum of 10 years experience in providing
conflict planning services to a New Jersey municipal Zoning Board.
5. List of References from at least 2 municipal Zoning Boards for which the
firm has provided similar services, including name, address, phone and
contact information.
6. Prior experience, if any, the firm may have providing services to the Long
Branch Zoning Board, or the City of Long Branch, and in what capacity.
7. List of municipalities/zoning boards currently under contract with the firm.
8. Provide a fee schedule by title for all firm members and employees.
Indicate which fees would apply for conflict planners and other employees
assigned to Long Branch Zoning Board matters.
9. Provide a schedule of any and all other fees routinely charged by the firm
for during the course of providing services.
10. Copy of current Certificate of Insurance for Professional Liability
Coverage.
One original (1) photo copy and (1) flash drive of the submission package must
be submitted to the City for consideration by the Zoning Board. In addition to the
above required information, the firm 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. Proposals must be forwarded to the
City Clerk in sealed and labeled envelopes, as indicated on Page 1 of this
document.
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 from public Entities in a 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: __________________________________
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