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2023 Morristown Bid, RFQ & RFP Documents
BID #: N/A
ISSUED: 11/3/2022
DUE: 12/8/2022
VALUE: TBD
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Executive Summary
The Town of Morristown is seeking Qualification Statements and Proposals for various professional services contracts for the year 2023. This includes contracts for appraisal services for tax assessments, financial services as a municipal auditor, engineering services as a consulting engineer, general legal services, bond counsel, conflict public defender, labor counsel, public defender, tax appeal counsel, redevelopment attorney, municipal prosecutor, psychological services for the Bureau of Police and Fire Protection, grant consulting services, and information technology consulting management services. Interested parties must submit their Qualification Statements or Proposals in the specified manner by December 8, 2022.
Web Content
Home Government > Bid, RFP, RFQ, Auction & Legal Notices > 2023 Morristown Bid, RFQ & RFP Documents 2023 Morristown Bid, RFQ & RFP Documents 2023 RFP Grant Consulting Services.pdf 2023 RFP Information Technology Consulting & Management Services.pdf 2023 Financial Services-Municipal Auditor.pdf 2023 Legal Services-Bond Counsel.pdf 2023 Legal Services-Conflict Public Defender.pdf 2023 Engineering Services-Consulting Engineer.pdf 2023 Legal Services-General Legal Services.pdf 2023 Legal Services-Labor Counsel.pdf 2023 Municipal Prosecutor.pdf 2023 Psychological Services to the Bureau's of Police and Fire Protection.pdf 2023 Legal Services-Public Defender.pdf 2023 Legal Services-Redevelopment Attorney.pdf 2023 Legal Services-Tax Appeal Attorney.pdf 2023 Appraisal Services-Tax Assessments.pdf LEGAL NOTICE for 2023 Professional Services.pdf LEGAL NOTICE as posted in the Morris County Daily Record on November 3, 2022 Government Mayor's Office Town Council Agendas & Minutes Bid, RFP, RFQ, Auction & Legal Notices Boards & Commissions Budget & Financial Information Elections Ordinances, Town Code, Land Use & Ordinances Pending Codification Revaluation Permits, Licenses & Forms
Document Text
--- Document: 2023 RFP Grant Consulting Services.pdf ---
1
TOWN OF MORRISTOWN
COUNTY OF MORRIS
STATE OF NEW JERSEY
REQUEST FOR PROPOSALS
GRANTS CONSULTING SERVICES
Sealed proposals should be received by the Business Administrator of the Town of Morristown, in
the Town Offices located at 200 South Street, 4th Floor, Morristown, New Jersey 07963-0914, by
no later than 4:00 p.m. on December 8, 2022 for the following:
Requests for Proposals from vendors interested in providing Grants Consulting
Services for the Town of Morristown over a 12-month period.
Successful applicants will be required to comply with the requirements of N.J.S.A. 10:5-31, et seq.
(N.J.A.C. 17-27) (Equal Employment Opportunity) and N.J.S.A. 52:32-44, et seq. (New Jersey
Business Registration) N.J.S.A. 19:44A-20.5 (Business Entity Disclosure) and Local Pay to Play
Ordinance O-2-87.
The right is reserved to reject any or all proposals if it is deemed to be in the best interest of the
Town of Morristown to do so.
All those interested in submitting proposals should review the request for proposals and submit all
documentation requested. The requisite Disclosure Forms are attached hereto.
2
TOWN OF MORRISTOWN
REQUEST FOR PROPOSALS
GRANTS CONSULTING SERVICES
PURPOSE OF REQUEST
The Town of Morristown (the “Town”) is seeking Requests for Proposals (RFP) for Grants Consulting Services
for the Town of Morristown - to assist in grants management and to help acquire grant-based funding from
governmental agencies and private philanthropies. Scope of grants include:
• Upgrades and repairs to civil and environmental infrastructure
• Acquisition, improvement and programming of public open space
• Development, acquisition and management of affordable housing
• Sustainability and environmental management
• Community and educational facilities
• Transit District improvements and street scape beautification
• Economic and community development
• Business attraction and entrepreneurship support
• Public Art and arts-based programs
• Comprehensive and project-based planning
• Repair and preservation of publicly-owned historic properties
• Upgrades to transportation network, including bikeway improvements
Services will include all aspects of grant opportunity identification, drafting of grant applications in coordination
with municipal staff as well as ongoing management of ongoing reporting requirements.
TIME SCHEDULE
The Town will follow the following timetable, which should result in a selection of a firm by January 10, 2023.
Date of Issuance
November 3, 2022
Submittal Deadline
December 8, 2022
Town Review and Recommendation
December 28, 2022
Town Council Consideration and Potential Approval
January 10, 2023
SCOPE OF SERVICES
The following is a description of the professional service needed, including, where appropriate, a description of
tasks involved:
The scope of services set forth in this Request for Proposals represents an outline of the services which the Town
anticipates the successful Proposer to perform, and is presented for the primary purpose of allowing the Town to
compare qualifications. The precise scope of services to be incorporated into the Professional Services Agreement
shall be negotiated between the Town and the successful Proposer.
3
1.
Research and identify potential funding sources, public grants, private foundation grants and possible
local and corporate sponsorships. Research shall include a presentation of all grant requirements and
criteria; matching fund requirements; reporting requirements and terms and conditions of potential
grant opportunities.
2.
Track county, state and federal funding opportunities pertinent to the Town’s objectives.
3.
Conduct and facilitate an annual onsite needs assessment and review and develop a plan(s) to identify
funding sources for Town’s objectives for the year. Coordinate with all Town departments to
determine if current or planned activities may be eligible for grants.
4.
Attendance at all meetings deemed necessary by the Town.
5.
Conduct and facilitate responses to all grant proposals, on behalf of various Town departments,
including narratives and other writing services, statistical gathering, letters of support, budgets and
final submissions.
6.
Prepare written summaries of all grant reporting requirements, criteria, obligations, matching find
requirements, terms and conditions, deadlines and evaluation criteria prior to submission.
7.
Advise Town, based on the grant management requirement of each proposal, whether the grant amount
is equitable to the require grant management.
8.
Oversight of any administrative services necessary to meet grant requirements, including but not
limited to ongoing reporting requirements and associated coordination with municipal staff.
9.
Preparations and review of grant reports and applications as requested by Town.
10.
Coordination with municipal staff to obtain relevant technical details and information required to
accurately and effectively generate subject-specific grant content.
11.
Prepare and electronically submit monthly status tracking reports.
Standard Requirements of Technical Proposal
Proposers should submit a technical proposal which contains the following:
1.
Proposer must have a minimum of five (5) years of experience in grant writing services for
governmental entities.
2.
Proposal (Initial proposal should be submitted in the form of two (2) hard copies only).
a. Statement of Interest.
b. Company information, including general information, size, number of employees, and years in
business, full name of individual of entity or person submitting the proposal and the name of the
4
key contact person.
c. At least three (3) references, including contact names and information.
d. For each person to be assigned to work with the Town, a description of qualifications, including
education, licensure (if any) and years of professional experience.
e. A listing of all previous Public Sector entity clients including dates of service.
f. List of previously submitted grants and grant programs with which the Proposer has experience
including success rates.
g. Proposed cost of the service(s) or activities, including the Hourly Rates of individuals who will
perform the services or activities.
h. The proposer shall provide documentation of insurance for professional liability coverage with
limits as to liability acceptable to the Town.
i. A copy of your New Jersey Business Registration Certificate.
j. A completed Business Entity Disclosure Form (See APPENDIX A), Political Contribution
Disclosure Form (See APPENDIX B) & a Stockholder Disclosure Certification (See APPENDIX
C).
k. A copy of Proposed Form of Contract.
l. An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See APPENDIX
D).
Evaluation
The Town’s objective in soliciting this RFP is to enable it to select a firm or organization that will provide high
quality and cost-effective services to the citizens of Morristown. The Town will consider proposals only from
firms or organizations that, in the Town’s judgment, have demonstrated the capability and willingness to provide
high quality services to the citizens of the Town in the manner described in this RFQ.
The Town may establish an evaluation committee to evaluate and score the proposals submitted by the vendors.
Proposals will be evaluated by the Town on-the-basis of the most advantageous, all relevant factors considered.
The evaluation will consider the following selection criteria:
Factor
Weight Given
1. Responsiveness:
The Town will consider the materials submitted by the
30%
proposer to determine whether the proposer is in
compliance with the RFP.
5
2. Price:
30%
3. Responsibility & Experience:
40%
The Town will consider the materials submitted and other
evidence it may obtain to determine the companies ability
and history of successfully completing contracts of this
type, meeting projected deadlines and experience in similar work.
Total Criteria Weight:
100%
Each proposal will be independently evaluated on factors 1 through 3.
Terms and Conditions
1. The Town reserves the right to reject any and all proposals and to waive minor irregularities proposal.
2. The Town reserves the right to request clarification of information submitted and to request additional
information from any proposer.
3. The Town reserves the right to award any contract to the next most qualified vendor if the vendor does not
execute a contact with thirty (30) days after the award of the proposal.
4. Any proposal may be withdrawn up until the submitted date and time.
5. The Town reserves the right to reject any proposal agreement or contract that does not conform to the
specifications contained in this RFP and which is not approved by the Municipal Attorney.
6. The Town shall not be responsible for any costs incurred by the vendor in preparing, submitting or
presenting its response to the RFP.
Termination of Contract
If, through any cause, the awarded proposer shall fail to fulfill in a timely and proper manner obligations under
the Contractor or if the awarded proposer violates any requirements of the Contract, the Town shall thereupon
have the right to terminate the Contract by giving written notice to the awarded proposer of such termination at
least thirty (30) days prior to the proposed effective date of termination. Such termination shall relieve the Town
of any obligation for the balances to the awarded proposer of any sum or sums set forth in the Contract.
The awarded proposer agrees to indemnify and hold the Town harmless from any liability to
subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful
termination of the Contract by the owner under this provision.
Ownership of Material
The Town shall retain all of its rights and interest in any and all documents and property both hard copy and
digital furnished by the Town to the selected Proposer for the purpose of assisting the selected Proposer in the
6
performance of the contract. All such items shall be returned immediately to the Town at the expiration or
termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None
of the documents and/or property shall, without the written consent of the Town, be disclosed to others or used
by the selected Proposer or permitted by the selected Proposer to be used by their parties at any time except in
the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the Town pursuant to the contract
shall belong exclusively to the Town. All data, report, computerized information, programs and materials related
to this project shall be delivered to and become the property of the Town upon completion of the project. The
selected Proposer shall not have the right to use, sell, or disclose the total of the interim of final work products,
or make available to third parties, without the prior written consent of the Town. All information supplied to the
Town may be required to be supplies on CD-ROM media compatible with the Town’s computer operating system.
Payment Terms
Payment by the Town will be made a monthly basis after services have been performed and an itemized billing
statement has been received. A signed voucher will be submitted in the form specified by the Town and approved
by the appropriate Town representative for signature by the vendor.
Interested applicants should submit qualifications no later than 4:00pm on December 8, 2022 to:
Ms. Jillian Barrick, Business Administrator
Town of Morristown
200 South St. PO Box 914
2nd Floor, Office of Mayor/Administration
Morristown, NJ 07963-0914
7
APPENDIX A
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF M OR R IST OWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-87, Public
Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this contract in the one
year period preceding
_______________(date of award scheduled for approval of the contract by the governing body) to any of the
following named candidate committee, joint candidates committee; or political party committee representing the elected
officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Robert Iannacone
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Tawanna Cotten
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued
and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I
and/or the business entity, will be liable for any penalty permitted under law. Name of Business Entity:
Signed: ________________________________
Title:_________________________________
Print Name: ____________________________
Date: ________________________________
Subscribed and sworn before me this ____ day of
_________________, 2______.
________________________________
(Affiant)
My Commission expires:
________________________________
(Print name & title of affiant) (Corporate Seal)
8
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS
Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution
by the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
~~~~~~~~~~~~~~~~~~~
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making
expenditures. For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a
municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
9
APPENDIX B
C. 271 POLITICAL CONTRIBUTION
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required
to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to
contractors. What follows are instructions on the use of form local units can provide to contractors that are
required to disclose political contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a
“fair and open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider
allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must
be kept with the contract documents or in an appropriate computer file and be available for public
access. The form is worded to accept this alternate submission. The text should be amended if
electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of
the contract. Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide
range of public agencies, including all public agencies that have elected officials in the county of the
public agency, state legislative positions, and various state entities. The Division of Local Government
Services recommends that contractors be provided a list of the affected agencies. This will assist
contractors in determining the campaign and political committees of the officials and candidates
affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
www.nj.gov/dca/lgs/p2p. They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct
legislative district(s). As the forms are county-based, they list all legislative districts in each
county. Districts that do not represent the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions,
regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e. The “Contractor Instructions” sheet is intended to be provided with the form. It is
recommended that the Instructions and the form be printed on the same piece of paper. The
form notes that the Instructions are printed on the back of the form; where that is not the case,
the text should be edited accordingly.
f. The form is a Word document and can be edited to meet local needs, and posted for download
on web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will
assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the
committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See
Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification form is part
of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This
section is not applicable to Boards of Education.
10
C. 271 POLITICAL CONTRIBUTION
DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and
open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor
shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located
o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part
of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that
were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a
natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business
entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business
entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on
the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in
an amount to be determined by the Commission which may be based upon the amount that the business entity failed
to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be disclosed.
The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a
signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public
Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
11
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1)
for the purpose of receiving contributions and making expenditures.”
Required Pursuant To N.J.S.A. 19:44A-20.26
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions
accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Da
Dollar Amount
$
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all
reportable political contributions (more than $300 per election cycle) over the 12 months prior to
submission to the committees of the government entities listed on the form provided by the local
unit.
12
Check here if the information is continued on subsequent page(s)
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page of
Vendor Name:
Contributor Name
Recipient Name
Da
Dollar Amount
$
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
13
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannaccone
Councilperson Sandi Mayer
USERS SHOULD CREATE THEIR OWN FORM, OR
DOWNLOAD FROM WWW.NJ.GOV/DCA/LGS/P2P
A COUNTY-BASED, CUSTOMIZABLE FORM.
14
APPENDIX C
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Suscribed and sworn before me this ____ day of _____________, 2_____.
_______________________
(Affiant)
(Notary Public)
_______________________
(Print Name and Title of Affiant)
My Commission expires:
(Corporate Seal)
15
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01 et
seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at Appendix
B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements of 42
U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-responsive
and any contract entered into shall be void and of no effect if said Vendor fails to comply with the requirements of 42 U.S.C.
§121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
--- Document: 2023 RFP Information Technology Consulting & Management Services.pdf ---
1
TOWN OF MORRISTOWN
COUNTY OF MORRIS
STATE OF NEW JERSEY
REQUEST FOR PROPOSALS
INFORMATION TECHNOLOGY
CONSULTING & MANAGEMENT SERVICES
Sealed proposals should be received by the Business Administrator of the Town of Morristown, in
the Town Offices located at 200 South Street, Room 239, Morristown, New Jersey 07963-0914,
by no later than 4:00 p.m. on December 8, 2022 for the following:
Requests for Proposals from vendors interested in providing Information
Technology Consulting & Management Services for the Town of Morristown
in the calendar year 2023.
Successful applicants will be required to comply with the requirements of N.J.S.A. 10:5-31, et seq.
(N.J.A.C. 17-27) (Equal Employment Opportunity) and N.J.S.A. 52:32-44, et seq. (New Jersey
Business Registration) N.J.S.A. 19:44A-20.5 (Business Entity Disclosure) and Local Pay to Play
Ordinance O-2-87.
The right is reserved to reject any or all proposals if it is deemed to be in the best interest of the
Town of Morristown to do so.
All those interested in submitting proposals should review the request for proposals and submit all
documentation requested. The requisite Disclosure Forms are attached hereto.
2
TOWN OF MORRISTOWN
REQUEST FOR PROPOSAL
INFORMATION TECHNOLOGY
CONSULTING & MANAGEMENT SERVICES
PURPOSE OF REQUEST
The Town of Morristown (the “Town”) is seeking Requests for Proposals (RFP) for Information Technology (IT)
Consulting & Management Services at the Town of Morristown, capable of providing support and consulting
services to the Town’s computer network and equipment.
The successful proposer will demonstrate qualifications, experience, and abilities to perform the scope of services
detailed in this Request for Proposal.
TIME SCHEDULE
The Town will follow the following timetable, which should result in a selection of a firm by January 10, 2023.
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
SCOPE OF SERVICES
The successful proposer will be able to provide technical assistance and system administration related to the
Town’s network system. They will be responsible for troubleshooting computer problems, maintaining the
network to prepare for future needs, and preventing and managing technical issues.
The Scope of Work for the requested services includes, but is not limited to:
1. IT Consultant and Management Services (on-site and remote) for an average of at least 16 hours per week.
This includes assisting users with operational issues and/or emergency response (i.e. servers are down or
there is no email access) within a two (2) hour maximum response time.
2. Provide proactive system maintenance for all network devices (i.e. warranty, network and asset status),
including routine maintenance, monthly reviews and security management to prevent cyber-attacks.
Proposer must demonstrate successful experience in supporting Edmunds finance and tax applications, as
well as other NJ municipal-based computer software applications, as appropriate.
3. Provide preventative maintenance, including LAN/WAN troubleshooting, network server/workstation
maintenance, updates, upgrades, installations, configurations and troubleshooting of any and all software
and hardware for approximately 80 workstations and 6 servers, located at various locations.
4. Recommend new workstation equipment and software, when necessary, as well as set up and install
acquired items.
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5. Provide structured system protection and maintenance, including but not limited to firewall, tape backup,
antivirus programs for updates, and confirm system maintenance checks are being performed.
6. Support and maintain data backup and recovery and e-mail archiving.
7. Troubleshoot (either remotely or on-site) hardware and software problems.
8. Maintain hardware/software inventory and license documentation.
9. Perform the repairs and necessary maintenance of the Town’s network.
10. Provide for system file backup for PC operations, which includes rebuilding the various databases in case
of system malfunction.
11. Monitor network security usage and perform necessary system “housekeeping.”
12. Document information system processes and procedures, and assist with network security.
13. Strategic planning for future system upgrades.
Proposal Requirements
1. Proposal (Initial proposal should be submitted in the form of two (2) hard copies only).
a. Statement of Interest.
b. Company information, including general information, size, number of employees, and years in
business, full name of individual of entity or person submitting the proposal and the name of the key
contact person.
c. At least three (3) references, including contact names and information.
d. Description of each individual’s qualifications, including education, licensure and years of professional
experience (please include copies of licenses held).
e. A listing of all previous Public Sector entities serviced by the proposer licensed professional including
dates of service.
f. Proposed cost of the service(s) or activities, including the Hourly Rates of individuals who will perform
the services or activities.
g. Insurance. The proposer shall provide documentation of insurance for professional liability coverage
with limits as to liability acceptable to the Town.
h. A copy of your New Jersey Business Registration Certificate.
i. A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a
Stockholder Disclosure Certification (APPENDICES A, B & C).
j. A copy of Proposed Form of Contract.
k. An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See APPENDIX D).
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Certification Requirements
•
MCSE (Certified Solution Expert)
•
MCITP (Certified IT Professional)
•
MCTS (Certified Technology Specialist)
•
CCNA (Certified Cisco Network Administrator)
•
VCP (VMWare Certified Professional)
Evaluation
The Town’s objective in soliciting an RFP is to enable it to select a firm or organization that will provide high
quality and cost effective services to the citizens of Morristown. The Town will consider proposals only from
firms or organizations that, in the Town’s judgment, have demonstrated the capability and willingness to provide
high quality services to the citizens of the Town in the manner described in this RFP.
The Town may establish an evaluation committee to evaluate and score the proposals submitted by the vendors.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered.
The evaluation will consider the following selection criteria:
Factor
Weight Given
1. Responsiveness:
30%
The Town will consider the materials submitted by the
proposer to determine whether the proposer is in compliance
with the RFP.
2. Price:
30%
3. Responsibility & Experience:
40%
The Town will consider the materials submitted and other
evidence it may obtain to determine the companies ability
and history of successfully completing contracts of this type,
meeting projected deadlines and experience in similar work.
Total Criteria Weight:
100%
Each proposal will be independently evaluated on factors 1 through 3.
Terms and Conditions
1. The Town reserves the right to reject any and all proposals and to waive minor irregularities in any
proposal.
2. The Town reserves the right to request clarification of information submitted and to request additional
information from any proposer.
3. The Town reserves the right to award any contract to the next most qualified vendor if the vendor does
not execute a contract within thirty (30) days after the award of the proposal.
4. Any proposal may be withdrawn up until the submittal date and time.
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5. The Town reserves the right to reject any proposed agreement or contract that does not conform to the
specifications contained in this RFP and which is not approved by the Municipal Attorney.
6. The Town shall not be responsible for any costs incurred by the vendor in preparing, submitting or
presenting its response to the RFP.
Payment Terms
Payment by the Town will be made a monthly basis after services have been performed and an itemized billing
statement has been received. A signed voucher will be submitted in the form specified by the Town and approved
by the appropriate Town representative for signature by the vendor.
Interested applicants should submit proposals no later than 4:00pm on December 8, 2022 to:
Jillian Barrick, Business Administrator
Town of Morristown
200 South St. PO Box 914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
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APPENDIX A
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of
this contract in the one year period preceding (date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and
(r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Hom
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
7
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS
Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution
by the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
~~~~~~~~~~~~~~~~~~~~~
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making
expenditures. For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a
municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
8
APPENDIX B
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required
to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to
contractors. What follows are instructions on the use of form local units can provide to contractors that are
required to disclose political contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a
“fair and open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider
allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must
be kept with the contract documents or in an appropriate computer file and be available for public
access. The form is worded to accept this alternate submission. The text should be amended if
electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of
the contract. Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide
range of public agencies, including all public agencies that have elected officials in the county of the
public agency, state legislative positions, and various state entities. The Division of Local Government
Services recommends that contractors be provided a list of the affected agencies. This will assist
contractors in determining the campaign and political committees of the officials and candidates
affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
www.nj.gov/dca/lgs/p2p. They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct
legislative district(s). As the forms are county-based, they list all legislative districts in each
county. Districts that do not represent the public agency should be removed from the
lists.
c. Some contractors may find it easier to provide a single list that covers all contributions,
regardless of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e. The “Contractor Instructions” sheet is intended to be provided with the form. It is
recommended that the Instructions and the form be printed on the same piece of paper. The
form notes that the Instructions are printed on the back of the form; where that is not the case,
the text should be edited accordingly.
f. The form is a Word document and can be edited to meet local needs, and posted for download
on web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This
will assist the local unit in its obligation to ensure that contractor did not make any prohibited
contributions to the committees listed on the Business Entity Disclosure Certification in the 12
months prior to the contract. (See Local Finance Notice 2006-7 for additional information on this
obligation) A sample Certification form is part of this package and the instruction to complete it is
included in the Contractor Instructions. NOTE: This section is not applicable to Boards of
Education.
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C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to
a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part
of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election
cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business
entity is not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets
of a business entity or 10% of the stock in the case of a business entity that is a corporation
for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by
the business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing
therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The
contributor must be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed
by ELEC in an amount to be determined by the Commission which may be based upon the amount that
the business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose
elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the
contractor’s responsibility to identify the specific committees to which contributions may have been made
and need to be disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details
(along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the
public under the Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the
agency in meeting its obligations under the law. NOTE: This section does not apply to Board of
Education contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to
be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the
General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65
(C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”
10
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this
form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable
political contributions (more than $300 per election cycle) over the 12 months prior to submission to the
committees of the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
11
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED,
CUSTOMIZABLE FORM.
APPENDIX C
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of _, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C.
§121.01 et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
--- Document: 2023 Financial Services-Municipal Auditor.pdf ---
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have
demonstrated the capability and willingness to provide high quality services in the manner described
in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF FINANCIAL SERVICES – MUNICIPAL AUDITOR
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a
corporation, "Principals" shall include each investor who would have any amount of operational control over
the Respondent and every stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied
the qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review
the Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
"Town" - refers to the Town of Morristown.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of
Financial Services – Municipal Auditor, as more particularly described herein. Through a Request for
Qualification process described herein, persons and/or firms interested in assisting the Town with the provision
of such services must prepare and submit a Qualification Statement in accordance with the procedures and
schedules in this RFQ. The Town will review Qualification Statements only from those firms that submit a
Qualification Statement which includes all the information required to be included as described herein (in the
sole judgment of the Town). The Town intends to qualify person(s) and/or firm(s) that: (a) possesses the
professional, financial and administrative capabilities to provide the proposed services, and (b) will agree to
work under the compensation terms and conditions determined by the Town to provide the greatest benefit to
the taxpayers of Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts
Law, N.J.S.A. 40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A.
19:44A-20.4 et seq. and Morristown Pay to Play Ordinance 2-87. The Town has structured a procurement
process that seeks to obtain the desired results described above, while establishing a competitive process to
assure that each person and/or firm is provided with an equal opportunity to submit a Qualification Statement
in response to the RFQ. Qualification Statements will be evaluated in accordance with the criteria set forth in
Section 5 of this RFQ, which will be applied in the same manner to each Qualification Statement received.
Respondents agree to at all times abide by all requirements of New Jersey law, including, but not limited to the
aforementioned “Pay to Play” laws, as well as any and all relevant Executive Orders and the New Jersey Election
Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or
financial advisors (collectively, the "Review Team"). The Qualification Statements will be reviewed to
determine if the Respondent has met the minimum professional, administrative and financial criteria described
in this RFQ. Under no circumstances will a member of the review team review responses to an RFQ for a
position which they or their firm submitted a response. Based upon the totality of the information contained
in the Qualification Statement, including information about the reputation and experience of each Respondent,
the Town will (in its sole judgment) determine which Respondents are qualified from professional,
administrative and financial standpoints. Each Respondent that meets the requirements of the RFQ (in the
sole judgment of the Town) will be designated as a Qualified Respondent and will be given the opportunity to
participate in the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the
anticipated completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to,
among other things, amend, modify or alter the Procurement Schedule upon notice to all potential
Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated
Contact Person, in writing.
4
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail,
by 4:00 p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile
transmission or e-mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received
a copy of the RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to
inquiries received from prospective Respondents or as otherwise deemed necessary or appropriate by, and in
the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its Qualification
Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be
borne solely by the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses
and components thereof and to eliminate any and all Respondents responding to this RFQ
from further consideration for this procurement.
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits
incomplete responses to this RFQ, or a Qualification Statement that is not responsive to the
requirements of this RFQ.
5
•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify
this RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Town, in the exercise of its sole discretion, in accordance with applicable
law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time
on December 8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not
limited to, the Review Team, shall be liable for any claims or damages resulting from the
solicitation or preparation of the Qualification Statement, nor will there be any reimbursement
to Respondents for the cost of preparing and submitting a Qualification Statement or for
participating in this procurement process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard
to this RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the
terms of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all
prospective Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of
notice to all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or
convenient, to clarify the information provided as part of the Qualification Statement and to
request additional information to support the information included in any Qualification
Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the
Town’s sole discretion. If terminated, the Town may determine to commence a new
procurement process or exercise any other rights provided under applicable law without any
obligation to the Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in
this RFQ.
6
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda,
amendments or answers to written inquiries. Those addenda will be noticed by the Town and will constitute a
part of the RFQ. All responses to the RFQ shall be prepared with full consideration of the addenda issued
prior to the proposal submission date.
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole
cost and expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its
consultants or such consultants’ staff, for reimbursement for the payment of costs or expenses incurred in the
preparation of the Qualification Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any
way conditional, incomplete, obscure, contain additions or deletions from requested information, or contain
errors. may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in the
provision of Financial Services – Municipal Auditor. Firms and/or persons responding to this RFQ shall
be able to demonstrate that they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative
and financial qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental
information that it believes may be useful in evaluating its Qualification Statement. Respondents are
encouraged to be clear, factual, and concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the
other parts of the Qualification Statement.
7
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification
Statement pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.)
of each firm, its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms
submitting the Qualification Statement. For purposes of this RFQ, "Principals"
means persons possessing an ownership interest in the Respondent. If the
Respondent is a corporation, "Principals" shall include each investor who would have
any amount of operational control over the Respondent and every stockholder having
an ownership interest of ten percent (10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the
parent company and describe the nature and extent of the parents' approval rights
over the activities of the firm submitting a Qualification Statement. Describe the
approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide
comparable information as required in (b) above for each member of the partnership,
joint venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action
(or similar) requirements with respect to its business activities, together with evidence
of such compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a
Stockholder Disclosure Certification (Appendices E, F & G).
8.
The number of years the business organization has been in business under its present name.
9.
The number of years the business organization has been under its current management.
10.
Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated
liable for professional malpractice. If yes, please explain.
11.
Whether the business organization is now or has been involved in any bankruptcy or re-
organization proceedings in the last ten (10) years. If yes, please explain.
12.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s
Business Registration Certificate.
8
Section 3.3
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFQ. At a minimum, the following information on past experience should be included
as appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-contracted
out. Identify all subcontractors the Respondent anticipates using in connection with this
project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees
or elected officials of the Town. For purposes of the above, “immediate relative” means a
spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle,
grandparent, grandchild, and in-laws by reason of relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated
Contact Person:
Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be received by the Town no later than 4:00 p.m. (prevailing time) on December
8, 2022, and must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will
not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict
conformance with the instructions set forth herein. Qualification Statements and all related information must
be bound, and signed and acknowledged by the Respondent.
9
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that
will provide high quality and cost effective services to the citizens of Morristown. The Town will consider
Qualification Statements only from firms or organizations that, in the Town’s judgment, have demonstrated
the capability and willingness to provide high quality services to the citizens of the Town in the manner
described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered.
The evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this
letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for Qualifications
(RFQ) issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s
need for Financial Services – Municipal Auditor.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein by
reference), are accurate, factual and complete to the best of our knowledge and belief and that the Qualification
Statement is submitted in good faith upon the express understanding that any false statement may result in the
disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of
each company shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request
for Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection
with the Town’s need for Financial Services – Municipal Auditor.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as
described in the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection
with the preparation and submission of the Qualification Statement and any proposal prepared and
submitted in response to the RFQ, or any negotiation which results therefrom shall be borne
exclusively by the Respondent.
4.
(Name of Respondent) hereby declares (declare) that the only persons participating in this
Qualification Statement as Principals are named herein and that no person other than those herein
mentioned has any participation in this Qualification Statement or in any contract to be entered into
with respect thereto. Additional persons may subsequently be included as participating Principals,
but only if acceptable to the Town. (Name of Respondent) declares that this Qualification Statement
is made without connection with any other person, firm or parties who has submitted a Qualification
Statement, except as expressly set forth below and that it has been prepared and has been submitted
in good faith and without collusion or fraud.
5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend,
suspend and/or terminate the procurement process (in its sole judgment). In any case, the Town
shall not have any liability to the Respondent for any costs incurred by the Respondent with respect
to the procurement activities described in this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of
Financial Services – Municipal Auditor must comply with all applicable affirmative action and
similar laws. Respondent hereby agrees to take such actions as are required in order to comply with
such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each
company shall sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
12
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The compensation for the Municipal Auditor shall not exceed Forty Three Thousand, Five Hundred Dollars
($43,500).
2.
The Municipal Auditor shall be reimbursed at cost for expenses incurred for duplication, filing fees and other
reasonable out-of-pocket expenses advanced and/or incurred by them. The Municipal Auditor shall be reimbursed
for direct charges including disbursements that are actual expenses incurred by the Municipal Auditor and or/their
associated Firm in connection with the following auditing services:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports,
contracts and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________
Date:____________________________________________________
ATTEST:
________________________________
Witness
13
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01
et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
14
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannaccone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
15
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
16
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
17
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
18
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
19
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 Legal Services-Bond Counsel.pdf ---
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have demonstrated
the capability and willingness to provide high quality services in the manner described in this Request for
Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF LEGAL SERVICES – BOND COUNSEL
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and every
stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied the qualification
criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
"Town" - refers to the Town of Morristown.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of Legal Services-
Bond Counsel, as more particularly described herein. Through a Request for Qualification process described herein, persons
and/or firms interested in assisting the Town with the provision of such services must prepare and submit a Qualification
Statement in accordance with the procedures and schedules in this RFQ. The Town will review Qualification Statements
only from those firms that submit a Qualification Statement which includes all the information required to be included as
described herein (in the sole judgment of the Town). The Town intends to qualify person(s) and/or firm(s) that: (a) possesses
the professional, financial and administrative capabilities to provide the proposed services, and (b) will agree to work under
the compensation terms and conditions determined by the Town to provide the greatest benefit to the taxpayers of
Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq. and
Morristown Pay to Play Ordinance 2-87. The Town has structured a procurement process that seeks to obtain the desired
results described above, while establishing a competitive process to assure that each person and/or firm is provided with an
equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated in
accordance with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each Qualification
Statement received. Respondents agree to at all times abide by all requirements of New Jersey law, including, but not limited
to the aforementioned “Pay to Play” laws, as well as any and all relevant Executive Orders and the New Jersey Election Law
Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or financial advisors
(collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the Respondent has met
the minimum professional, administrative and financial criteria described in this RFQ. Under no circumstances will a member
of the Review Team review responses to an RFQ for a position which they or their firm submitted a response. Based upon
the totality of the information contained in the Qualification Statement, including information about the reputation and
experience of each Respondent, the Town will (in its sole judgment) determine which Respondents are qualified from
professional, administrative and financial standpoints. Each Respondent that meets the requirements of the RFQ (in the
sole judgment of the Town) will be designated as a Qualified Respondent and will be given the opportunity to participate in
the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated
completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to, among other things,
amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated Contact Person,
in writing.
4
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail, by 4:00 p.m.
prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile transmission or e-mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received a copy of the
RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to inquiries received from
prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents to the
following conditions relative to the submission and review and consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne solely by
the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses and
components thereof and to eliminate any and all Respondents responding to this RFQ from further
consideration for this procurement.
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this RFQ.
•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFQ,
or otherwise request additional information.
5
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as determined by
the Town, in the exercise of its sole discretion, in accordance with applicable law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time on December
8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not limited to, the
Review Team, shall be liable for any claims or damages resulting from the solicitation or preparation of the
Qualification Statement, nor will there be any reimbursement to Respondents for the cost of preparing and
submitting a Qualification Statement or for participating in this procurement process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this RFQ
and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms of this
RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to all
prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or convenient, to
clarify the information provided as part of the Qualification Statement and to request additional information
to support the information included in any Qualification Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Town’s sole
discretion. If terminated, the Town may determine to commence a new procurement process or exercise
any other rights provided under applicable law without any obligation to the Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in this RFQ.
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda, amendments or
answers to written inquiries. Those addenda will be noticed by the Town and will constitute a part of the RFQ. All responses
to the RFQ shall be prepared with full consideration of the addenda issued prior to the proposal submission date.
6
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost and
expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its consultants or such
consultants’ staff, for reimbursement for the payment of costs or expenses incurred in the preparation of the Qualification
Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any way conditional,
incomplete, obscure, contain additions or deletions from requested information, or contain errors. may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in the provision of
Legal Services-Bond Counsel. Firms and/or persons responding to this RFQ shall be able to demonstrate that they will
have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and financial
qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental information that it
believes may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual, and concise
in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of
the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement pursuant
to this RFQ, and the name of the key contact person.
7
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each firm,
its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting the
Qualification Statement. For purposes of this RFQ, "Principals" means persons possessing an
ownership interest in the Respondent. If the Respondent is a corporation, "Principals" shall include
each investor who would have any amount of operational control over the Respondent and every
stockholder having an ownership interest of ten percent (10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the activities of
the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide comparable
information as required in (b) above for each member of the partnership, joint venture or similar
organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or similar)
requirements with respect to its business activities, together with evidence of such compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a Stockholder
Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated liable for
professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-organization
proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s Business
Registration Certificate
8
Section 3.3
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing the type of services sought in
the RFQ. At a minimum, the following information on past experience should be included as appropriate
to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees or elected
officials of the Town. For purposes of the above, “immediate relative” means a spouse, parent, stepparent,
brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason of
relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be received by the Town no later than 4:00 p.m. (prevailing time) on December 8, 2022 and
must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance with
the instructions set forth herein. Qualification Statements and all related information must be bound, and signed and
acknowledged by the Respondent.
9
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that will provide
high quality and cost effective services to the citizens of Morristown. The Town will consider Qualification Statements only
from firms or organizations that, in the Town’s judgment, have demonstrated the capability and willingness to provide high
quality services to the citizens of the Town in the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered. The evaluation
will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for Qualifications (RFQ)
issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s need for Legal
Services – Bond Counsel.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein by
reference), are accurate, factual and complete to the best of our knowledge and belief and that the Qualification Statement is
submitted in good faith upon the express understanding that any false statement may result in the disqualification of (Name
of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each
company shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection with the Town’s
need for Legal Services–Bond Counsel.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described in
the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with the
preparation and submission of the Qualification Statement and any proposal prepared and submitted in response to the RFQ, or
any negotiation which results therefrom shall be borne exclusively by the Respondent.
5.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the Town.
(Name of Respondent) declares that this Qualification Statement is made without connection with any other
person, firm or parties who has submitted a Qualification Statement, except as expressly set forth below and
that it has been prepared and has been submitted in good faith and without collusion or fraud.
5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or terminate
the procurement process (in its sole judgment). In any case, the Town shall not have any liability to the Respondent for any costs
incurred by the Respondent with respect to the procurement activities described in this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of Legal Services
– Bond Counsel must comply with all applicable affirmative action and similar laws. Respondent hereby agrees to take such
actions as are required in order to comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company
shall sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
12
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The base fee for Legal Services-Bond Counsel for approval of general obligations shall be Five Thousand
Dollars ($5,000.00) plus a fee of One Dollar ($1.00) per every One Thousand Dollars ($1,000.00) of bonds approved.
All issues of bonds shall be charged an additional One Thousand Dollars ($1,000.00) for each series for an issue with
multiple series of bonds. Bond and other capital ordinances shall be billed on the basis of Four Hundred Dollars
($400.00) per ordinance prepared or reviewed; multipurpose ordinances shall be billed at Seven Hundred Fifty Dollars
($750.00). Issues for notes in anticipation of the issuance of bonds shall be based on a charge of Fifty Dollars ($50.00)
per One Hundred Thousand Dollars ($100,000.00) of notes prepared, or fraction thereof, with a minimum of Five
Hundred Dollars ($500.00) for each issue of notes. Responses to inquiries involving research on complicated
questions of law, review or preparation of financing documents for special financings, special tax counsel opinions
and attendance at meetings would be charged separately at the following hourly rates: One Hundred and Fifty
($150.00) Dollars for legal services of a partner and One Hundred Twenty-Five Dollars ($125.00) for legal services
performed by associates.
2.
Counsel shall be reimbursed at cost for expenses incurred for duplication, filing fees, court reporters and
other reasonable out-of-pocket expenses advanced and/or incurred by counsel. Counsel shall be reimbursed for direct
charges including disbursements that are actual expenses incurred by the Professional and or/their associated Firm in
connection with such legal services, and shall include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports,
contracts and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________ Date: ______________
ATTEST:
________________________________
Witness
13
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01
et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
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APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
15
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
16
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
17
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
18
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
19
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 Legal Services-Conflict Public Defender.pdf ---
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have demonstrated
the capability and willingness to provide high quality services in the manner described in this Request for
Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF LEGAL SERVICES – CONFLICT PUBLIC DEFENDER
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and every
stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied the qualification
criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
"Town" - refers to the Town of Morristown.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of Legal Services-
Conflict Public Defender as more particularly described herein. Through a Request for Qualification process described
herein, persons and/or firms interested in assisting the Town with the provision of such services must prepare and submit a
Qualification Statement in accordance with the procedures and schedules in this RFQ. The Town will review Qualification
Statements only from those firms that submit a Qualification Statement which includes all the information required to be
included as described herein (in the sole judgment of the Town). The Town intends to qualify person(s) and/or firm(s) that:
(a) possesses the professional, financial and administrative capabilities to provide the proposed services, and (b) will agree to
work under the compensation terms and conditions determined by the Town to provide the greatest benefit to the taxpayers
of Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq. and
Morristown Pay to Play Ordinance 2-87. The Town has structured a procurement process that seeks to obtain the desired
results described above, while establishing a competitive process to assure that each person and/or firm is provided with an
equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated in
accordance with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each Qualification
Statement received. Respondents agree to at all times abide by all requirements of New Jersey law, including, but not limited
to the aforementioned “Pay to Play” laws, as well as any and all relevant Executive Orders and the New Jersey Election Law
Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or financial advisors
(collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the Respondent has met
the minimum professional, administrative and financial criteria described in this RFQ. Under no circumstances will a member
of the Review Team review responses to an RFQ for a position which they or their firm submitted a response. Based upon
the totality of the information contained in the Qualification Statement, including information about the reputation and
experience of each Respondent, the Town will (in its sole judgment) determine which Respondents are qualified from
professional, administrative and financial standpoints. Each Respondent that meets the requirements of the RFQ (in the
sole judgment of the Town) will be designated as a Qualified Respondent and will be given the opportunity to participate in
the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated
completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to, among other things,
amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated Contact Person,
in writing.
4
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail, by 4:00 p.m.
prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile transmission or e-mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received a copy of the
RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to inquiries received from
prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents to the
following conditions relative to the submission and review and consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne solely by
the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses and
components thereof and to eliminate any and all Respondents responding to this RFQ from further
consideration for this procurement.
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this RFQ.
•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFQ,
or otherwise request additional information.
5
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as determined by
the Town, in the exercise of its sole discretion, in accordance with applicable law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time on December
8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not limited to, the
Review Team, shall be liable for any claims or damages resulting from the solicitation or preparation of the
Qualification Statement, nor will there be any reimbursement to Respondents for the cost of preparing and
submitting a Qualification Statement or for participating in this procurement process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this RFQ
and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms of this
RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to all
prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or convenient, to
clarify the information provided as part of the Qualification Statement and to request additional information
to support the information included in any Qualification Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Town’s sole
discretion. If terminated, the Town may determine to commence a new procurement process or exercise
any other rights provided under applicable law without any obligation to the Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in this RFQ.
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda, amendments or
answers to written inquiries. Those addenda will be noticed by the Town and will constitute a part of the RFQ. All responses
to the RFQ shall be prepared with full consideration of the addenda issued prior to the proposal submission date.
6
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost and
expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its consultants or such
consultant’s staff, for reimbursement for the payment of costs or expenses incurred in the preparation of the Qualification
Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any way conditional,
incomplete, obscure, contain additions or deletions from requested information, or contain errors. may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in providing Legal
Services- Conflict Public Defender. Firms and/or persons responding to this RFQ shall be able to demonstrate that they
will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and financial
qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental information that it
believes may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual, and concise
in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of
the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement pursuant
to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each firm,
its ownership and its organizational structure.
7
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting the
Qualification Statement. For purposes of this RFQ, "Principals" means persons possessing an
ownership interest in the Respondent. If the Respondent is a corporation, "Principals" shall include
each investor who would have any amount of operational control over the Respondent and every
stockholder having an ownership interest of ten percent (10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the activities of
the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide comparable
information as required in (b) above for each member of the partnership, joint venture or similar
organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or similar)
requirements with respect to its business activities, together with evidence of such compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a Stockholder
Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated liable for
professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-organization
proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s Business
Registration Certificate.
Section 3.3
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing the type of services
sought in the RFQ. At a minimum, the following information on past experience should be included as
appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
8
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees or elected
officials of the Town. For purposes of the above, “immediate relative” means a spouse, parent, stepparent,
brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason of
relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated Contact Person:
Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be received by the Town no later than 4:00 p.m. (prevailing time) on December 8, 2022 and
must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance with
the instructions set forth herein. Qualification Statements and all related information must be bound, and signed and
acknowledged by the Respondent.
9
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that will provide
high quality and cost effective services to the citizens of Morristown. The Town will consider Qualification Statements only
from firms or organizations that, in the Town’s judgment, have demonstrated the capability and willingness to provide high
quality services to the citizens of the Town in the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered. The evaluation
will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for Qualifications
(RFQ) issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s need for
Legal Services – Conflict Public Defender.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein
by reference), are accurate, factual and complete to the best of our knowledge and belief and that the Qualification Statement
is submitted in good faith upon the express understanding that any false statement may result in the disqualification of (Name
of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each
company shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection with the Town’s
need for Legal Services – Conflict Public Defender.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described in
the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with the
preparation and submission of the Qualification Statement and any proposal prepared and submitted in
response to the RFQ, or any negotiation which results therefrom shall be borne exclusively by the Respondent.
4.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the Town.
(Name of Respondent) declares that this Qualification Statement is made without connection with any other
person, firm or parties who has submitted a Qualification Statement, except as expressly set forth below and
that it has been prepared and has been submitted in good faith and without collusion or fraud.
5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or terminate
the procurement process (in its sole judgment). In any case, the Town shall not have any liability to the
Respondent for any costs incurred by the Respondent with respect to the procurement activities described in
this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of Legal
Services – Conflict Public Defender must comply with all applicable affirmative action and similar laws.
Respondent hereby agrees to take such actions as are required in order to comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company shall
sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
12
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The compensation for Legal Services- Conflict Public Defender shall be Three Hundred Dollars ($300.00)
per Municipal Court Session.
2.
Counsel shall be reimbursed at cost for expenses incurred for duplication, filing fees, court reporters and
other reasonable out-of-pocket expenses advanced and/or incurred by counsel. Counsel shall be reimbursed for direct
charges including disbursements that are actual expenses incurred by the Professional and or/their associated Firm in
connection with such Legal Services- Conflict Public Defender, and shall include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing fees, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports,
contracts and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________
Date:____________________________________________________
ATTEST:
________________________________
Witness
13
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01
et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
14
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannaccone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
15
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
16
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
17
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
18
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
19
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
21
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 Engineering Services-Consulting Engineer.pdf ---
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have
demonstrated the capability and willingness to provide high quality services in the manner described
in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF ENGINEERING SERVICES – CONSULTING ENGINEER
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and every
stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied the qualification
criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
"Town" - refers to the Town of Morristown.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of Consulting
Engineering Services, as more particularly described herein. Through a Request for Qualification process described herein,
persons and/or firms interested in assisting the Town with the provision of such services must prepare and submit a
Qualification Statement in accordance with the procedures and schedules in this RFQ. The Town will review Qualification
Statements only from those firms that submit a Qualification Statement which includes all the information required to be
included as described herein (in the sole judgment of the Town). The Town intends to qualify person(s) and/or firm(s) that:
(a) possesses the professional, financial and administrative capabilities to provide the proposed services, and (b) will agree to
work under the compensation terms and conditions determined by the Town to provide the greatest benefit to the taxpayers
of Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq. and
Morristown Pay to Play Ordinance 2-87. The Town has structured a procurement process that seeks to obtain the desired
results described above, while establishing a competitive process to assure that each person and/or firm is provided with an
equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated in
accordance with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each Qualification
Statement received. Respondents agree to at all times abide by all requirements of New Jersey law, including, but not limited
to the aforementioned “Pay to Play” laws, as well as any and all relevant Executive Orders and the New Jersey Election Law
Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or financial advisors
(collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the Respondent has met
the minimum professional, administrative and financial criteria described in this RFQ. Under no circumstances will a member
of the Review Team review responses to an RFQ for a position which they or their firm submitted a response. Based upon
the totality of the information contained in the Qualification Statement, including information about the reputation and
experience of each Respondent, the Town will (in its sole judgment) determine which Respondents are qualified from
professional, administrative and financial standpoints. Each Respondent that meets the requirements of the RFQ (in the
sole judgment of the Town) will be designated as a Qualified Respondent and will be given the opportunity to participate in
the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated
completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to, among other things,
amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.
4
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated Contact Person,
in writing.
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail, by 4:00 p.m.
prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile transmission or e-mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received a copy of the
RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to inquiries received from
prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents to the
following conditions relative to the submission and review and consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne solely by
the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses and
components thereof and to eliminate any and all Respondents responding to this RFQ from further
consideration for this procurement.
5
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this RFQ.
•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFQ,
or otherwise request additional information.
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as determined by
the Town, in the exercise of its sole discretion, in accordance with applicable law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time on December
8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not limited to, the
Review Team, shall be liable for any claims or damages resulting from the solicitation or preparation of the
Qualification Statement, nor will there be any reimbursement to Respondents for the cost of preparing and
submitting a Qualification Statement or for participating in this procurement process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this RFQ
and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms of this
RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to all
prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or convenient, to
clarify the information provided as part of the Qualification Statement and to request additional information
to support the information included in any Qualification Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Town’s sole
discretion. If terminated, the Town may determine to commence a new procurement process or exercise
any other rights provided under applicable law without any obligation to the Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in this RFQ.
6
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda, amendments or
answers to written inquiries. Those addenda will be noticed by the Town and will constitute a part of the RFQ. All responses
to the RFQ shall be prepared with full consideration of the addenda issued prior to the proposal submission date.
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost and
expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its consultants or such
consultants’ staff, for reimbursement for the payment of costs or expenses incurred in the preparation of the Qualification
Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any way conditional,
incomplete, obscure, contain additions or deletions from requested information, or contain errors. may be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in the provision of
Consulting Engineering Services. Firms and/or persons responding to this RFQ shall be able to demonstrate that they
will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and financial
qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental information that it
believes may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual, and concise
in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of
the Qualification Statement.
7
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement pursuant
to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each firm,
its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting the
Qualification Statement. For purposes of this RFQ, "Principals" means persons possessing an
ownership interest in the Respondent. If the Respondent is a corporation, "Principals" shall include
each investor who would have any amount of operational control over the Respondent and every
stockholder having an ownership interest of ten percent (10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the activities of
the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide comparable
information as required in (b) above for each member of the partnership, joint venture or similar
organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or similar)
requirements with respect to its business activities, together with evidence of such compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a Stockholder
Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated liable for
professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-organization
proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s Business
Registration Certificate.
8
Section 3.3
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing the type of services
sought in the RFQ. At a minimum, the following information on past experience should be included as
appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees or elected
officials of the Town. For purposes of the above, “immediate relative” means a spouse, parent, stepparent,
brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason of
relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated Contact Person:
Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be received by the Town no later than 4:00 p.m. (prevailing time) on December 8, 2022 and
must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance with
the instructions set forth herein. Qualification Statements and all related information must be bound, and signed and
acknowledged by the Respondent.
9
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that will provide
high quality and cost effective services to the citizens of Morristown. The Town will consider Qualification Statements only
from firms or organizations that, in the Town’s judgment, have demonstrated the capability and willingness to provide high
quality services to the citizens of the Town in the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered. The evaluation
will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for Qualifications (RFQ)
issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s need for
Engineering Services – Consulting Engineers.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein by
reference), are accurate, factual and complete to the best of our knowledge and belief and that the Qualification Statement is
submitted in good faith upon the express understanding that any false statement may result in the disqualification of (Name
of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each company
shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection with the Town’s
need for Engineering Services – Consulting Engineers.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described in
the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with the
preparation and submission of the Qualification Statement and any proposal prepared and submitted in
response to the RFQ, or any negotiation which results therefrom shall be borne exclusively by the Respondent.
5.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the Town.
(Name of Respondent) declares that this Qualification Statement is made without connection with any other
person, firm or parties who has submitted a Qualification Statement, except as expressly set forth below and
that it has been prepared and has been submitted in good faith and without collusion or fraud.
5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or terminate
the procurement process (in its sole judgment). In any case, the Town shall not have any liability to the
Respondent for any costs incurred by the Respondent with respect to the procurement activities described in
this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of Engineering
Services – Consulting Engineers must comply with all applicable affirmative action and similar laws.
Respondent hereby agrees to take such actions as are required in order to comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company shall
sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
12
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The Town of Morristown wishes to approve the qualifications of an engineering firm or firms to provide
Consulting Engineering Services to the Town for 2023. Upon appointment to the position of Consulting Engineer,
no work or compensation is guaranteed, however. Instead, the Town will approve proposals for projects (including
compensation terms) on an as needed basis. This will be done by a Resolution of the Governing Body and/or a
Professional Services contract. By submitting a response to this RFQ, the Respondent acknowledges that it will not
propose or charge hourly rates that exceed those listed below:
Partner .................................................................................................................................... $150.00 Per Hour
Principal .................................................................................................................................. $145.00 Per Hour
Project Manager .................................................................................................................... $139.00 Per Hour
Professional Engineer .......................................................................................................... $136.00 Per Hour
Senior Project Engineer ....................................................................................................... $124.00 Per Hour
Project Engineer .................................................................................................................... $114.00 Per Hour
Senior Design Engineer ....................................................................................................... $104.00 Per Hour
Design Engineer .................................................................................................................... $ 93.00 Per Hour
Senior Engineering Technician ........................................................................................... $ 90.00 Per Hour
Engineering Technician ....................................................................................................... $ 84.00 Per Hour
Chief Draftsperson ............................................................................................................... $ 85.00 Per Hour
Senior Draftsperson.............................................................................................................. $ 79.00 Per Hour
Junior Draftsperson .............................................................................................................. $ 61.00 Per Hour
Professional Land Surveyor................................................................................................. $130.00 Per Hour
Land Surveyor........................................................................................................................ $109.00 Per Hour
Land Surveyor w/Robotic Total Station ........................................................................... $145.00 Per Hour
Senior Party Chief w/Robotic Total Station .................................................................... $103.00 Per Hour
Party Chief.............................................................................................................................. $ 82.00 Per Hour
Junior Party Chief ................................................................................................................. $ 77.00 Per Hour
Survey Technician ................................................................................................................. $ 76.00 Per Hour
Field Crew Member .............................................................................................................. $ 66.00 Per Hour
Junior Survey Technician ..................................................................................................... $ 48.00 Per Hour
Chief Construction Engineer .............................................................................................. $109.00 Per Hour
Senior Construction Engineer ............................................................................................ $ 93.00 Per Hour
Construction Engineer ......................................................................................................... $ 87.00 Per Hour
Chief Construction Technician ........................................................................................... $ 77.00 Per Hour
Senior Construction Technician ......................................................................................... $ 70.00 Per Hour
Junior Construction Technician ......................................................................................... $ 65.00 Per Hour
Administrative Assistant ...................................................................................................... $ 70.00 Per Hour
Senior Clerical ........................................................................................................................ $ 50.00 Per Hour
Management Information Systems Technician ................................................................ $ 84.00 Per Hour
Senior CAD Technician ....................................................................................................... $ 80.00 Per Hour
Computer Technician ........................................................................................................... $ 77.00 Per Hour
Computer ............................................................................................................................... $ 75.00 Per Hour
CAD System .......................................................................................................................... $ 77.00 Per Hour
Licensed Landscape Architect ............................................................................................ $109.00 Per Hour
Senior Landscape Designer ................................................................................................. $ 98.00 Per Hour
Certified Tree Expert ........................................................................................................... $ 87.00 Per Hour
Junior Landscape Designer ................................................................................................. $ 77.00 Per Hour
Professional Planner ............................................................................................................. $114.00 Per Hour
Planning Technician ............................................................................................................. $ 82.00 Per Hour
13
2.
The Professional shall be reimbursed at cost for expenses incurred for duplication, filing fees and other
reasonable out-of-pocket expenses advanced and/or incurred by them. The Professional shall be reimbursed for direct
charges including disbursements that are actual expenses incurred by the Professional and or/their associated Firm in
connection with such engineering services, and shall include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports,
contracts and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________
Date:____________________________________________________
ATTEST:
________________________________
Witness
14
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01
et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
15
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
16
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
17
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
18
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
19
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
21
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 Legal Services-General Legal Services.pdf ---
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have
demonstrated the capability and willingness to provide high quality services in the manner described
in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF GENERAL LEGAL SERVICES
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and every
stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied the
qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
"Town" - refers to the Town of Morristown.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of General Legal
Services, as more particularly described herein. Through a Request for Qualification process described herein, persons
and/or firms interested in assisting the Town with the provision of such services must prepare and submit a Qualification
Statement in accordance with the procedures and schedules in this RFQ. The Town will review Qualification Statements
only from those firms that submit a Qualification Statement which includes all the information required to be included as
described herein (in the sole judgment of the Town). The Town intends to qualify person(s) and/or firm(s) that: (a)
possesses the professional, financial and administrative capabilities to provide the proposed services, and (b) will agree to
work under the compensation terms and conditions determined by the Town to provide the greatest benefit to the taxpayers
of Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq. and
Local Unit Pay to Play Ordinance 2-87. The Town has structured a procurement process that seeks to obtain the desired
results described above, while establishing a competitive process to assure that each person and/or firm is provided with
an equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated
in accordance with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey law, including,
but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant Executive Orders and the New
Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or financial advisors
(collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the Respondent has met
the minimum professional, administrative and financial criteria described in this RFQ. Under no circumstances will a
member of the Review Team review responses to an RFQ for a position which they or their firm submitted a response.
Based upon the totality of the information contained in the Qualification Statement, including information about the
reputation and experience of each Respondent, the Town will (in its sole judgment) determine which Respondents are
qualified from professional, administrative and financial standpoints. Each Respondent that meets the requirements of the
RFQ (in the sole judgment of the Town) will be designated as a Qualified Respondent and will be given the opportunity to
participate in the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated
completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to, among other things,
amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated Contact Person,
in writing.
4
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail, by 4:00
p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile transmission or e-
mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received a copy of
the RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to inquiries received from
prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents to the
following conditions relative to the submission and review and consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne solely by
the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses and
components thereof and to eliminate any and all Respondents responding to this RFQ from further
consideration for this procurement.
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this
RFQ.
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•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFQ,
or otherwise request additional information.
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as determined by
the Town, in the exercise of its sole discretion, in accordance with applicable law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time on December
8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not limited to, the
Review Team, shall be liable for any claims or damages resulting from the solicitation or preparation of
the Qualification Statement, nor will there be any reimbursement to Respondents for the cost of preparing
and submitting a Qualification Statement or for participating in this procurement process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this RFQ
and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms of this
RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to all
prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or convenient,
to clarify the information provided as part of the Qualification Statement and to request additional
information to support the information included in any Qualification Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Town’s sole
discretion. If terminated, the Town may determine to commence a new procurement process or exercise
any other rights provided under applicable law without any obligation to the Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in this RFQ.
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda, amendments or
answers to written inquiries. Those addenda will be noticed by the Town and will constitute a part of the RFQ. All
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responses to the RFQ shall be prepared with full consideration of the addenda issued prior to the proposal submission
date.
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost and
expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its consultants or such
consultants’ staff, for reimbursement for the payment of costs or expenses incurred in the preparation of the Qualification
Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors. may be
rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in the provision of
General Municipal Legal Services. Firms and/or persons responding to this RFQ shall be able to demonstrate that
they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and
financial qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental information that it
believes may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual, and
concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of
the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
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3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each firm,
its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting the
Qualification Statement. For purposes of this RFQ, "Principals" means persons possessing an
ownership interest in the Respondent. If the Respondent is a corporation, "Principals" shall
include each investor who would have any amount of operational control over the Respondent
and every stockholder having an ownership interest of ten percent (10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the activities of
the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide comparable
information as required in (b) above for each member of the partnership, joint venture or similar
organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or similar)
requirements with respect to its business activities, together with evidence of such compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a Stockholder
Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated liable for
professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-organization
proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s Business
Registration Certificate.
Section 3.3
Professional Information Requirements.
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1.
Respondent shall submit a description of its overall experience in providing the type of services sought in
the RFQ. At a minimum, the following information on past experience should be included as appropriate
to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees or elected
officials of the Town. For purposes of the above, “immediate relative” means a spouse, parent, stepparent,
brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason
of relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated Contact Person:
Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be received by the Town no later than 4:00 p.m. (prevailing time) on December 8, 2022 and
must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance with
the instructions set forth herein. Qualification Statements and all related information must be bound, and signed and
acknowledged by the Respondent.
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SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that will
provide high quality and cost effective services to the citizens of Morristown. The Town will consider Qualification
Statements only from firms or organizations that, in the Town’s judgment, have demonstrated the capability and willingness
to provide high quality services to the citizens of the Town in the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered.
The evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
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APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for Qualifications (RFQ)
issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s need for
General Legal Services.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein by
reference), are accurate, factual and complete to the best of our knowledge and belief and that the Qualification Statement
is submitted in good faith upon the express understanding that any false statement may result in the disqualification of
(Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each company
shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
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APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection with the Town’s
need for General Legal Services.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described in
the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with the
preparation and submission of the Qualification Statement and any proposal prepared and submitted in
response to the RFQ, or any negotiation which results therefrom shall be borne exclusively by the Respondent.
5.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the Town.
(Name of Respondent) declares that this Qualification Statement is made without connection with any other
person, firm or parties who has submitted a Qualification Statement, except as expressly set forth below and
that it has been prepared and has been submitted in good faith and without collusion or fraud.
6.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or terminate
the procurement process (in its sole judgment). In any case, the Town shall not have any liability to the
Respondent for any costs incurred by the Respondent with respect to the procurement activities described in
this RFQ.
7.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of General
Legal Services must comply with all applicable affirmative action and similar laws. Respondent hereby agrees
to take such actions as are required in order to comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company shall
sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
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APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The hourly rate for General Legal Services shall be One Hundred and Fifty Dollars ($150.00) an hour for
attorneys and One Hundred Dollars ($100.00) an hour for paralegals and clerks.
2.
Counsel shall be reimbursed at cost for expenses incurred for duplication, filing fees, court reporters and
other reasonable out-of-pocket expenses advanced and/or incurred by counsel. Counsel shall be reimbursed for direct
charges including disbursements that are actual expenses incurred by the Professional and or/their associated Firm in
connection with such legal services, and shall include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing fees, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports,
contracts and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________
Date:____________________________________________________
ATTEST:
________________________________
Witness
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APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01
et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
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APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
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BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
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APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
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C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
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Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
19
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
21
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 Legal Services-Labor Counsel.pdf ---
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have
demonstrated the capability and willingness to provide high quality services in the manner described
in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF LEGAL SERVICES – LABOR COUNSEL
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and
every stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied the
qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
"Town" - refers to the Town of Morristown.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of Legal
Services-Labor Counsel Legal Services, as more particularly described herein. Through a Request for Qualification
process described herein, persons and/or firms interested in assisting the Town with the provision of such services must
prepare and submit a Qualification Statement in accordance with the procedures and schedules in this RFQ. The Town
will review Qualification Statements only from those firms that submit a Qualification Statement which includes all
the information required to be included as described herein (in the sole judgment of the Town). The Town intends to
qualify person(s) and/or firm(s) that: (a) possesses the professional, financial and administrative capabilities to provide
the proposed services, and (b) will agree to work under the compensation terms and conditions determined by the Town
to provide the greatest benefit to the taxpayers of Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-
20.4 et seq. and Morristown Pay to Play Ordinance 2-87. The Town has structured a procurement process that seeks
to obtain the desired results described above, while establishing a competitive process to assure that each person and/or
firm is provided with an equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification
Statements will be evaluated in accordance with the criteria set forth in Section 5 of this RFQ, which will be applied
in the same manner to each Qualification Statement received. Respondents agree to at all times abide by all
requirements of New Jersey law, including, but not limited to the aforementioned “Pay to Play” laws, as well as any
and all relevant Executive Orders and the New Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or financial
advisors (collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the
Respondent has met the minimum professional, administrative and financial criteria described in this RFQ. Under no
circumstances will a member of the Review Team review responses to an RFQ for a position which they or their firm
submitted a response. Based upon the totality of the information contained in the Qualification Statement, including
information about the reputation and experience of each Respondent, the Town will (in its sole judgment) determine
which Respondents are qualified from professional, administrative and financial standpoints. Each Respondent that
meets the requirements of the RFQ (in the sole judgment of the Town) will be designated as a Qualified Respondent
and will be given the opportunity to participate in the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated
completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to, among other things,
amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated Contact
Person, in writing.
4
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail, by 4:00
p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile transmission or e-
mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received a copy of
the RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to inquiries received from
prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 30, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents to
the following conditions relative to the submission and review and consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne solely
by the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses and
components thereof and to eliminate any and all Respondents responding to this RFQ from further
consideration for this procurement.
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this
RFQ.
5
•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify this
RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as determined
by the Town, in the exercise of its sole discretion, in accordance with applicable law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time on
December 8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not limited to,
the Review Team, shall be liable for any claims or damages resulting from the solicitation or
preparation of the Qualification Statement, nor will there be any reimbursement to Respondents for
the cost of preparing and submitting a Qualification Statement or for participating in this procurement
process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this
RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms of
this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to all
prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or
convenient, to clarify the information provided as part of the Qualification Statement and to request
additional information to support the information included in any Qualification Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Town’s sole
discretion. If terminated, the Town may determine to commence a new procurement process or
exercise any other rights provided under applicable law without any obligation to the Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in this
RFQ.
6
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda, amendments or
answers to written inquiries. Those addenda will be noticed by the Town and will constitute a part of the RFQ. All
responses to the RFQ shall be prepared with full consideration of the addenda issued prior to the proposal submission
date.
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost and
expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its consultants or such
consultants’ staff, for reimbursement for the payment of costs or expenses incurred in the preparation of the
Qualification Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors. may be
rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in the provision of
Legal Services-Labor Counsel. Firms and/or persons responding to this RFQ shall be able to demonstrate that they
will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and
financial qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental information that it
believes may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual, and
concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
7
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other parts
of the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each
firm, its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting the
Qualification Statement. For purposes of this RFQ, "Principals" means persons possessing an
ownership interest in the Respondent. If the Respondent is a corporation, "Principals" shall
include each investor who would have any amount of operational control over the Respondent
and every stockholder having an ownership interest of ten percent (10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the activities
of the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide
comparable information as required in (b) above for each member of the partnership, joint
venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities, together with evidence of such
compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a
Stockholder Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been
adjudicated liable for professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-organization
proceedings in the last ten (10) years. If yes, please explain.
8
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s
Business Registration Certificate.
Section 3.3
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing the type of services sought
in the RFQ. At a minimum, the following information on past experience should be included as
appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-contracted out.
Identify all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees or elected
officials of the Town. For purposes of the above, “immediate relative” means a spouse, parent,
stepparent, brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-
laws by reason of relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated Contact
Person:
Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
9
Qualification Statements must be received by the Town no later than 4:00 p.m. (prevailing time) on December 8, 2022
and must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance
with the instructions set forth herein. Qualification Statements and all related information must be bound, and signed
and acknowledged by the Respondent.
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that will
provide high quality and cost effective services to the citizens of Morristown. The Town will consider Qualification
Statements only from firms or organizations that, in the Town’s judgment, have demonstrated the capability and
willingness to provide high quality services to the citizens of the Town in the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered. The
evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this
letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for Qualifications
(RFQ) issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s
need for Legal Services – Labor Counsel.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein
by reference), are accurate, factual and complete to the best of our knowledge and belief and that the Qualification
Statement is submitted in good faith upon the express understanding that any false statement may result in the
disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each
company shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick, Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection with the
Town’s need for Legal Services – Labor Counsel.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described
in the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with
the preparation and submission of the Qualification Statement and any proposal prepared and submitted in
response to the RFQ, or any negotiation which results therefrom shall be borne exclusively by the
Respondent.
4.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the
Town. (Name of Respondent) declares that this Qualification Statement is made without connection with
any other person, firm or parties who has submitted a Qualification Statement, except as expressly set forth
below and that it has been prepared and has been submitted in good faith and without collusion or fraud.
5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or
terminate the procurement process (in its sole judgment). In any case, the Town shall not have any liability
to the Respondent for any costs incurred by the Respondent with respect to the procurement activities
described in this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of Legal
Services – Labor Counsel must comply with all applicable affirmative action and similar laws.
Respondent hereby agrees to take such actions as are required in order to comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company shall
sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
12
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The hourly rate for Legal Services-Labor Counsel shall be One Hundred and Fifty Dollars ($150.00) an
hour for attorneys and One Hundred Dollars ($100.00) an hour for paralegals and clerks.
2.
Counsel shall be reimbursed at cost for expenses incurred for duplication, filing fees, court reporters and
other reasonable out-of-pocket expenses advanced and/or incurred by counsel. Counsel shall be
reimbursed for direct charges including disbursements that are actual expenses incurred by the
Professional and or/their associated Firm in connection with such Legal Services-Labor Counsel, and
shall include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports,
contracts and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________
Date:____________________________________________________
ATTEST:
________________________________
Witness
13
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C.
§121.01 et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
14
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
15
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
16
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
17
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
18
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
19
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
21
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 Municipal Prosecutor.pdf ---
1
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have demonstrated
the capability and willingness to provide high quality services in the manner described in this Request for
Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF MUNICIPAL PROSECUTOR
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and every
stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied the
qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
"Town" - refers to the Town of Morristown.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of Municipal
Prosecutor, as more particularly described herein. Through a Request for Qualification process described herein, persons
and/or firms interested in assisting the Town with the provision of such services must prepare and submit a Qualification
Statement in accordance with the procedures and schedules in this RFQ. The Town will review Qualification Statements
only from those firms that submit a Qualification Statement which includes all the information required to be included as
described herein (in the sole judgment of the Town). The Town intends to qualify person(s) and/or firm(s) that: (a)
possesses the professional, financial and administrative capabilities to provide the proposed services, and (b) will agree to
work under the compensation terms and conditions determined by the Town to provide the greatest benefit to the taxpayers
of Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq. and
Morristown Pay to Play Ordinance 2-87. The Town has structured a procurement process that seeks to obtain the desired
results described above, while establishing a competitive process to assure that each person and/or firm is provided with
an equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated
in accordance with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey law, including,
but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant Executive Orders and the New
Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or financial advisors
(collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the Respondent has met
the minimum professional, administrative and financial criteria described in this RFQ. Under no circumstances will a
member of the Review Team review responses to an RFQ for a position which they or their firm submitted a response.
Based upon the totality of the information contained in the Qualification Statement, including information about the
reputation and experience of each Respondent, the Town will (in its sole judgment) determine which Respondents are
qualified from professional, administrative and financial standpoints. Each Respondent that meets the requirements of the
RFQ (in the sole judgment of the Town) will be designated as a Qualified Respondent and will be given the opportunity to
participate in the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated
completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to, among other things,
amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated Contact Person,
in writing.
4
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail, by 4:00
p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile transmission or e-
mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received a copy of
the RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to inquiries received from
prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents to the
following conditions relative to the submission and review and consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne solely by
the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses and
components thereof and to eliminate any and all Respondents responding to this RFQ from further
consideration for this procurement.
5
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this
RFQ.
•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFQ,
or otherwise request additional information.
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as determined by
the Town, in the exercise of its sole discretion, in accordance with applicable law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time on December
8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not limited to, the
Review Team, shall be liable for any claims or damages resulting from the solicitation or preparation of
the Qualification Statement, nor will there be any reimbursement to Respondents for the cost of preparing
and submitting a Qualification Statement or for participating in this procurement process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this RFQ
and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms of this
RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to all
prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or convenient,
to clarify the information provided as part of the Qualification Statement and to request additional
information to support the information included in any Qualification Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Town’s sole
discretion. If terminated, the Town may determine to commence a new procurement process or exercise
any other rights provided under applicable law without any obligation to the Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in this RFQ.
6
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda, amendments or
answers to written inquiries. Those addenda will be noticed by the Town and will constitute a part of the RFQ. All
responses to the RFQ shall be prepared with full consideration of the addenda issued prior to the proposal submission
date.
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost and
expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its consultants or such
consultants’ staff, for reimbursement for the payment of costs or expenses incurred in the preparation of the Qualification
Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors. may be
rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in providing
Municipal Prosecutor Services. Firms and/or persons responding to this RFQ shall be able to demonstrate that they
will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and
financial qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental information that it
believes may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual, and
concise in their presentation of information.
7
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of
the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each firm,
its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting the
Qualification Statement. For purposes of this RFQ, "Principals" means persons possessing an
ownership interest in the Respondent. If the Respondent is a corporation, "Principals" shall
include each investor who would have any amount of operational control over the Respondent
and every stockholder having an ownership interest of ten percent (10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the activities of
the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide comparable
information as required in (b) above for each member of the partnership, joint venture or similar
organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or similar)
requirements with respect to its business activities, together with evidence of such compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a Stockholder
Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated liable for
professional malpractice. If yes, please explain.
8
12.
Whether the business organization is now or has been involved in any bankruptcy or re-organization
proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s Business
Registration Certificate.
Section 3.3
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing the type of services sought in
the RFQ. At a minimum, the following information on past experience should be included as appropriate
to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees or elected officials of
the Town. For purposes of the above, “immediate relative” means a spouse, parent, stepparent, brother,
sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason of relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
9
Qualification Statements must be received by the Town no later than 4:00 p.m. (prevailing time) on December 8, 2022, and
must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance with
the instructions set forth herein. Qualification Statements and all related information must be bound, and signed and
acknowledged by the Respondent.
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that will provide
high quality and cost effective services to the citizens of Morristown. The Town will consider Qualification Statements
only from firms or organizations that, in the Town’s judgment, have demonstrated the capability and willingness to provide
high quality services to the citizens of the Town in the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered. The
evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this
letter)
[INSERT DATE]
Attn: Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for Qualifications
(RFQ) issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s
need for Municipal Prosecutor.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein by
reference), are accurate, factual and complete to the best of our knowledge and belief and that the Qualification
Statement is submitted in good faith upon the express understanding that any false statement may result in the
disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each
company shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Jillian Barrick, Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection with the Town’s
need for Municipal Prosecutor.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described in
the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with the
preparation and submission of the Qualification Statement and any proposal prepared and submitted in
response to the RFQ, or any negotiation which results therefrom shall be borne exclusively by the Respondent.
5.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the Town.
(Name of Respondent) declares that this Qualification Statement is made without connection with any other
person, firm or parties who has submitted a Qualification Statement, except as expressly set forth below and
that it has been prepared and has been submitted in good faith and without collusion or fraud.
5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or terminate
the procurement process (in its sole judgment). In any case, the Town shall not have any liability to the
Respondent for any costs incurred by the Respondent with respect to the procurement activities described in
this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of Municipal
Prosecutor must comply with all applicable affirmative action and similar laws. Respondent hereby agrees to
take such actions as are required in order to comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company shall
sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
12
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The compensation for Municipal Prosecutor shall be Five Hundred Dollars ($500.00) per Municipal Court
Session.
2.
Counsel shall be reimbursed at cost for expenses incurred for duplication, filing fees, court reporters and
other reasonable out-of-pocket expenses advanced and/or incurred by counsel. Counsel shall be reimbursed
for direct charges including disbursements that are actual expenses incurred by the Professional and or/their
associated Firm in connection with such Municipal Prosecutor, and shall include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing fees, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports,
contracts and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________
Date:____________________________________________________
ATTEST:
________________________________
Witness
13
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01
et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
14
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
15
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
16
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
17
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
18
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
19
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
20
Check here if the information is continued on subsequent page(s)
21
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
22
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 Psychological Services to the Bureau's of Police and Fire Protection.pdf ---
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have
demonstrated the capability and willingness to provide high quality services in the manner described
in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF PSYCHOLOGICAL SERVICES TO THE BUREAU OF POLICE
AND FIRE PROTECTION
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Principals" shall include each investor who would have any amount of operational control over the Respondent and
every stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied the
qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
"Town" - refers to the Town of Morristown.
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of
Psychological services to the Bureau of Police and Fire Protection, as more particularly described herein. Through
a Request for Qualification process described herein, persons and/or firms interested in assisting the Town with the
provision of such services must prepare and submit a Qualification Statement in accordance with the procedures and
schedules in this RFQ. The Town will review Qualification Statements only from those firms that submit a
Qualification Statement which includes all the information required to be included as described herein (in the sole
judgment of the Town). The Town intends to qualify person(s) and/or firm(s) that (a) possesses the professional,
financial and administrative capabilities to provide the proposed services, and (b) will agree to work under the
compensation terms and conditions determined by the Town to provide the greatest benefit to the taxpayers of
Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4
et seq. and Morristown Pay to Play Ordinance 2-87. The Town has structured a procurement process that seeks to
obtain the desired results described above, while establishing a competitive process to assure that each person and/or
firm is provided an equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification
Statements will be evaluated in accordance with the criteria set forth in Section 5 of this RFQ, which will be applied
in the same manner to each Qualification Statement received. Respondents agree to at all times abide by all
requirements of New Jersey law, including, but not limited to the aforementioned “Pay to Play” laws, as well as any
and all relevant Executive Orders and the New Jersey Election Law Enforcement Commission disclosure
requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or financial
advisors (collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the
Respondent has met the minimum professional, administrative and financial areas described in this RFQ. Under no
circumstances will a member of the Review Team review responses to an RFQ for a job which they or their firm
submitted a response. Based upon the totality of the information contained in the Qualification Statement, including
information about the reputation and experience of each Respondent, the Town will (in its sole judgment) determine
which Respondents are qualified from professional, administrative and financial standpoints. Each Respondent that
meets the requirements of the RFQ (in the sole judgment of the Town) will be designated as a Qualified Respondent
and will be given the opportunity to participate in the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated
completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to, among other things,
amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated Contact
Person, in writing.
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail, by
4:00 p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile
transmission or e-mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received a copy
of the RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to inquiries received
from prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the
Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents
to the following conditions relative to the submission and review and consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
solely by the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses and
components thereof and to eliminate any and all Respondents responding to this RFQ from further
consideration for this procurement.
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this
RFQ.
•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify this
RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Town, in the exercise of its sole discretion, in accordance with applicable law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time on
December 8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not limited
to, the Review Team, shall be liable for any claims or damages resulting from the solicitation or
preparation of the Qualification Statement, nor will there be any reimbursement to Respondents for
the cost of preparing and submitting a Qualification Statement or for participating in this
procurement process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this
RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms
of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to
all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or
convenient, to clarify the information provided as part of the Qualification Statement and to request
additional information to support the information included in any Qualification Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Town’s
sole discretion. If terminated, the Town may determine to commence a new procurement process
or exercise any other rights provided under applicable law without any obligation to the Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in this
RFQ.
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda, amendments
or answers to written inquiries. Those addenda will be noticed by the Town and will constitute a part of the RFQ.
All responses to the RFQ shall be prepared with full consideration of the addenda issued prior to the proposal
submission date.
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost
and expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its consultants or
such consultants’ staff, for reimbursement for the payment of costs or expenses incurred in the preparation of the
Qualification Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the Questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors may
be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in the provision
of Psychological Services to the Bureau of Police and Fire Protection. Firms and/or persons responding to this
RFQ shall be able to demonstrate that they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and
financial qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental information that
it believes may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual,
and concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other
parts of the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each
firm, its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting
the Qualification Statement. For purposes of this RFQ, "Principals" means persons
possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent
(10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the activities
of the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide
comparable information as required in (b) above for each member of the partnership, joint
venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities, together with evidence of such
compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
A completed Americans with Disabilities Act of 1990 Acknowledgment Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a
Stockholder Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated liable for
professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-organization
proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s Business
Registration Certificate.
Section 3.3
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFQ. At a minimum, the following information on past experience should be
included as appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-contracted out.
Identify all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees or
elected officials of the Town. For purposes of the above, “immediate relative” means a spouse,
parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild,
and in-laws by reason of relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated Contact
Person:
Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Qualification Statements must be received by the Town no later than 4:00 p.m. prevailing time on December 8, 2022
and must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance
with the instructions set forth herein. Qualification Statements and all related information must be bound, and signed
and acknowledged by the Respondent.
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that will
provide high quality and cost effective services to the citizens of Morristown. The Town will consider Qualification
Statements only from firms or organizations that, in the Town’s judgment, have demonstrated the capability and
willingness to provide high quality services to the citizens of the Town in the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered. The
evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this
letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned have reviewed our Qualification Statement submitted in response to the Request for Qualifications
(RFQ) issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s
need for Psychological Services to the Bureau of Police and Fire Protection.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein by
reference) are accurate, factual and complete to the best of our knowledge and belief and that the Qualification
Statement is submitted in good faith upon express understanding that any false statement may result in the
disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each
company shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick, Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________ in connection with the Town’s
need for Psychological Services to the Bureau of Police and Fire Protection.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described in
the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with the
preparation and submission of the Qualification Statement and any proposal prepared and submitted in
response to the RFQ, or any negotiation which results therefrom shall be borne exclusively by the Respondent.
5.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the Town.
(Name of Respondent) declares that this Qualification Statement is made without connection with any other
person, firm or parties who has submitted a Qualification Statement, except as expressly set forth below and
that it has been prepared and has been submitted in good faith and without collusion or fraud.
5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or terminate
the procurement process (in its sole judgment). In any case, the Town shall not have any liability to the
Respondent for any costs incurred by the Respondent with respect to the procurement activities described in
this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of
Psychological services to the Bureau of Police and Fire Protection must comply with all applicable affirmative
action and similar laws. Respondent hereby agrees to take such actions as are required in order to comply with
such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company shall
sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES 2020
1.
The rates for Psychological Services to the Bureau of Police and Fire Protection shall be flat fees to be
billed as follows:
a.
New Hires.
$ 425.00
b.
Promotions.
i.
Police & Fire Chief:
$1,250.00
ii.
Police & Fire Captain:
$1,000.00
iii.
Police Lieutenant:
$ 850.00
iv.
Police Sergeant:
$ 550.00
c.
Fit for duty evaluations:
$1,500.00
d.
Re-evaluations:
$ 750.00
2.
The Professional shall be reimbursed at cost for expenses incurred for duplication, reports, and other
reasonable out-of-pocket expenses advanced and/or incurred by the Professional. The Professional shall be
reimbursed for direct charges including disbursements that are actual expenses incurred by the Professional
and or/their associated Firm in connection with such Psychological Services to the Bureau of Police and
Fire Protection services, and shall include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Computer expenses including time and proprietary program charges;
c.
Outside printing, reproduction, binding, collating and other graphic services;
d.
Messenger service, postage and handling of reports and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________
Date:____________________________________________________
ATTEST:
________________________________
Witness
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01
et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
20
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 Legal Services-Public Defender.pdf ---
1
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have demonstrated
the capability and willingness to provide high quality services in the manner described in this Request for
Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF LEGAL SERVICES – PUBLIC DEFENDER
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and every
stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied the
qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
"Town" - refers to the Town of Morristown.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of Legal Services-
Public Defender, as more particularly described herein. Through a Request for Qualification process described herein,
persons and/or firms interested in assisting the Town with the provision of such services must prepare and submit a
Qualification Statement in accordance with the procedures and schedules in this RFQ. The Town will review Qualification
Statements only from those firms that submit a Qualification Statement which includes all the information required to be
included as described herein (in the sole judgment of the Town). The Town intends to qualify person(s) and/or firm(s)
that: (a) possesses the professional, financial and administrative capabilities to provide the proposed services, and (b) will
agree to work under the compensation terms and conditions determined by the Town to provide the greatest benefit to
the taxpayers of Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq.
Morristown to Play Ordinance 2-87. The Town has structured a procurement process that seeks to obtain the desired
results described above, while establishing a competitive process to assure that each person and/or firm is provided with
an equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated
in accordance with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey law, including,
but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant Executive Orders and the New
Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or financial advisors
(collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the Respondent has met
the minimum professional, administrative and financial criteria described in this RFQ. Under no circumstances will a
member of the Review Team review responses to an RFQ for a position which they or their firm submitted a response.
Based upon the totality of the information contained in the Qualification Statement, including information about the
reputation and experience of each Respondent, the Town will (in its sole judgment) determine which Respondents are
qualified from professional, administrative and financial standpoints. Each Respondent that meets the requirements of the
RFQ (in the sole judgment of the Town) will be designated as a Qualified Respondent and will be given the opportunity to
participate in the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated
completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to, among other things,
amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated Contact Person,
in writing.
4
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail, by 4:00
p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile transmission or e-
mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received a copy of
the RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to inquiries received from
prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2021
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents to the
following conditions relative to the submission and review and consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne solely by
the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses and
components thereof and to eliminate any and all Respondents responding to this RFQ from further
consideration for this procurement.
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this
RFQ.
5
•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFQ,
or otherwise request additional information.
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as determined by
the Town, in the exercise of its sole discretion, in accordance with applicable law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time on December
8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not limited to, the
Review Team, shall be liable for any claims or damages resulting from the solicitation or preparation of
the Qualification Statement, nor will there be any reimbursement to Respondents for the cost of preparing
and submitting a Qualification Statement or for participating in this procurement process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this RFQ
and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms of this
RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to all
prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or convenient,
to clarify the information provided as part of the Qualification Statement and to request additional
information to support the information included in any Qualification Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Town’s sole
discretion. If terminated, the Town may determine to commence a new procurement process or exercise
any other rights provided under applicable law without any obligation to the Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in this RFQ.
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda, amendments or
answers to written inquiries. Those addenda will be noticed by the Town and will constitute a part of the RFQ. All
6
responses to the RFQ shall be prepared with full consideration of the addenda issued prior to the proposal submission
date.
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost and
expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its consultants or such
consultants’ staff, for reimbursement for the payment of costs or expenses incurred in the preparation of the Qualification
Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors. may be
rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in providing Legal
Services- Public Defender. Firms and/or persons responding to this RFQ shall be able to demonstrate that they will
have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and
financial qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental information that it
believes may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual, and
concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of
the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
7
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each firm,
its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting the
Qualification Statement. For purposes of this RFQ, "Principals" means persons possessing an
ownership interest in the Respondent. If the Respondent is a corporation, "Principals" shall
include each investor who would have any amount of operational control over the Respondent
and every stockholder having an ownership interest of ten percent (10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the activities of
the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide comparable
information as required in (b) above for each member of the partnership, joint venture or similar
organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or similar)
requirements with respect to its business activities, together with evidence of such compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a Stockholder
Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated liable for
professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-organization
proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s Business
Registration Certificate.
8
Section 3.3
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing the type of services sought in
the RFQ. At a minimum, the following information on past experience should be included as appropriate
to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees or elected
officials of the Town. For purposes of the above, “immediate relative” means a spouse, parent, stepparent,
brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason
of relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated Contact Person:
Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be received by the Town no later than 4:00 p.m. (prevailing time) on December 8, 2022, and
must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance with
the instructions set forth herein. Qualification Statements and all related information must be bound and signed and
acknowledged by the Respondent.
9
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that will provide
high quality and cost effective services to the citizens of Morristown. The Town will consider Qualification Statements
only from firms or organizations that, in the Town’s judgment, have demonstrated the capability and willingness to provide
high quality services to the citizens of the Town in the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered. The
evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this
letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for Qualifications
(RFQ) issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s
need for Legal Services–Public Defender.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein by
reference), are accurate, factual and complete to the best of our knowledge and belief and that the Qualification
Statement is submitted in good faith upon the express understanding that any false statement may result in the
disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each
company shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection with the Town’s
need for Legal Services–Public Defender.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described in
the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with the
preparation and submission of the Qualification Statement and any proposal prepared and submitted in
response to the RFQ, or any negotiation which results therefrom shall be borne exclusively by the Respondent.
5.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the Town.
(Name of Respondent) declares that this Qualification Statement is made without connection with any other
person, firm or parties who has submitted a Qualification Statement, except as expressly set forth below and
that it has been prepared and has been submitted in good faith and without collusion or fraud.
5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or terminate
the procurement process (in its sole judgment). In any case, the Town shall not have any liability to the
Respondent for any costs incurred by the Respondent with respect to the procurement activities described in
this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of Legal
Services–Public Defender must comply with all applicable affirmative action and similar laws. Respondent
hereby agrees to take such actions as are required in order to comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company shall
sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
12
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The compensation for Legal Services -Public Defender shall be Three Hundred Dollars ($300.00) per
Municipal Court Session.
2.
Counsel shall be reimbursed at cost for expenses incurred for duplication, filing fees, court reporters and
other reasonable out-of-pocket expenses advanced and/or incurred by counsel. Counsel shall be reimbursed
for direct charges including disbursements that are actual expenses incurred by the Professional and or/their
associated Firm in connection with such Legal Services -Public Defender, and shall include, but not be
limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing fees, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports,
contracts and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________
Date:____________________________________________________
ATTEST:
________________________________
Witness
13
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01
et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
14
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
15
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
16
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
17
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
18
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
19
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
21
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 Legal Services-Redevelopment Attorney.pdf ---
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have
demonstrated the capability and willingness to provide high quality services in the manner described
in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS FOR THE PROVISION OF LEGAL SERVICES-
REDEVELOPMENT ATTORNEY
ISSUE DATE: November 4, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Town" - refers to the Town of Morristown.
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and every
stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied the
qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of Legal Services-
Redevelopment Attorney, as more particularly described herein. Through a Request for Qualification process described
herein, persons and/or firms interested in assisting the Town with the provision of such services must prepare and submit
a Qualification Statement in accordance with the procedures and schedules in this RFQ. The Town will review
Qualification Statements only from those firms that submit a Qualification Statement which includes all the information
required to be included as described herein (in the sole judgment of the Town). The Town intends to qualify person(s)
and/or firm(s) that: (a) possesses the professional, financial and administrative capabilities to provide the proposed services,
and (b) will agree to work under the compensation terms and conditions determined by the Town to provide the greatest
benefit to the taxpayers of Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq. and
Morristown Pay to Play Ordinance 2-87. The Town has structured a procurement process that seeks to obtain the desired
results described above, while establishing a competitive process to assure that each person and/or firm is provided with
an equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated
in accordance with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey law, including,
but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant Executive Orders and the New
Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or financial advisors
(collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the Respondent has met
the minimum professional, administrative and financial criteria described in this RFQ. Under no circumstances will a
member of the Review Team review responses to an RFQ for a position which they or their firm submitted a response.
Based upon the totality of the information contained in the Qualification Statement, including information about the
reputation and experience of each Respondent, the Town will (in its sole judgment) determine which Respondents are
qualified from professional, administrative and financial standpoints. Each Respondent that meets the requirements of the
RFQ (in the sole judgment of the Town) will be designated as a Qualified Respondent and will be given the opportunity to
participate in the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated
completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to, among other things,
amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated Contact Person,
in writing.
4
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail, by 4:00
p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile transmission or e-
mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received a copy of
the RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to inquiries received from
prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 4, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents to the
following conditions relative to the submission and review and consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne solely by
the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses and
components thereof and to eliminate any and all Respondents responding to this RFQ from further
consideration for this procurement.
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this
RFQ.
5
•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFQ,
or otherwise request additional information.
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as determined by
the Town, in the exercise of its sole discretion, in accordance with applicable law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time on December
8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not limited to, the
Review Team, shall be liable for any claims or damages resulting from the solicitation or preparation of
the Qualification Statement, nor will there be any reimbursement to Respondents for the cost of preparing
and submitting a Qualification Statement or for participating in this procurement process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this RFQ
and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms of this
RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to all
prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or convenient,
to clarify the information provided as part of the Qualification Statement and to request additional
information to support the information included in any Qualification Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Town’s sole
discretion. If terminated, the Town may determine to commence a new procurement process or exercise
any other rights provided under applicable law without any obligation to the Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in this RFQ.
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda, amendments or
answers to written inquiries. Those addenda will be noticed by the Town and will constitute a part of the RFQ. All
6
responses to the RFQ shall be prepared with full consideration of the addenda issued prior to the proposal submission
date.
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost and
expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its consultants or such
consultants’ staff, for reimbursement for the payment of costs or expenses incurred in the preparation of the Qualification
Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors. may be
rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in the provision of
Legal Services-Redevelopment Attorney. Firms and/or persons responding to this RFQ shall be able to demonstrate
that they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and
financial qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental information that it
believes may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual, and
concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of
the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
7
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each firm,
its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting the
Qualification Statement. For purposes of this RFQ, "Principals" means persons possessing an
ownership interest in the Respondent. If the Respondent is a corporation, "Principals" shall
include each investor who would have any amount of operational control over the Respondent
and every stockholder having an ownership interest of ten percent (10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the activities of
the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide comparable
information as required in (b) above for each member of the partnership, joint venture or similar
organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or similar)
requirements with respect to its business activities, together with evidence of such compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a Stockholder
Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated liable for
professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-organization
proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s Business
Registration Certificate.
8
Section 3.3
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing the type of services
sought in the RFQ. At a minimum, the following information on past experience should be included as
appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees or elected
officials of the Town. For purposes of the above, “immediate relative” means a spouse, parent, stepparent,
brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason
of relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated Contact Person:
Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be received by the Town no later than 4:00 p.m. (prevailing time) on December 8, 2022 and
must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance with
the instructions set forth herein. Qualification Statements and all related information must be bound, and signed and
acknowledged by the Respondent.
9
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that will provide
high quality and cost effective services to the citizens of Morristown. The Town will consider Qualification Statements
only from firms or organizations that, in the Town’s judgment, have demonstrated the capability and willingness to provide
high quality services to the citizens of the Town in the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered. The
evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
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APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for Qualifications (RFQ)
issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s need for Legal
Services-Redevelopment Attorney.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein by
reference), are accurate, factual and complete to the best of our knowledge and belief and that the Qualification Statement
is submitted in good faith upon the express understanding that any false statement may result in the disqualification of
(Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each company
shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection with the Town’s
need for Legal Services-Redevelopment Attorney.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described in
the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with the
preparation and submission of the Qualification Statement and any proposal prepared and submitted in
response to the RFQ, or any negotiation which results therefrom shall be borne exclusively by the Respondent.
5.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the Town.
(Name of Respondent) declares that this Qualification Statement is made without connection with any other
person, firm or parties who has submitted a Qualification Statement, except as expressly set forth below and
that it has been prepared and has been submitted in good faith and without collusion or fraud.
5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or terminate
the procurement process (in its sole judgment). In any case, the Town shall not have any liability to the
Respondent for any costs incurred by the Respondent with respect to the procurement activities described in
this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of Legal
Services-Redevelopment Attorney must comply with all applicable affirmative action and similar laws.
Respondent hereby agrees to take such actions as are required in order to comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company shall
sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
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APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1. The Town of Morristown wishes to approve the qualifications of a law firm or firms to provide Legal
Services-Redevelopment Attorney to the Town for 2018. Upon appointment to the position of
Redevelopment Attorney, no work or compensation is guaranteed, however. This will be done by a
Resolution of the Town. By submitting a response to this RFQ, the Respondent acknowledges that it
will not propose or charge hourly rates that exceed One Hundred and Fifty Dollars ($150.00) for
attorneys and One Hundred Dollars ($100.00) an hour for paralegals and clerks..
2. Counsel shall be reimbursed at cost for expenses incurred for duplication, filing fees, court reporters and
other reasonable and approved out-of-pocket expenses advanced and/or incurred by counsel. Counsel
shall be reimbursed for direct charges including disbursements that are actual expenses incurred by the
Professional and or/their associated Firm in connection with such legal services and approved by the
Board, and shall include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports, contracts
and other bulky items.
3. Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________
Date:____________________________________________________
ATTEST:
________________________________
Witness
13
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01
et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
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APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
15
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
16
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
17
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
18
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
19
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
21
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 Legal Services-Tax Appeal Attorney.pdf ---
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have
demonstrated the capability and willingness to provide high quality services in the manner described in this
Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF LEGAL SERVICES – TAX APPEAL COUNSEL
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and
every stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied the
qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
"Town" - refers to the Town of Morristown.
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of Legal
Services -Tax Appeal Counsel, as more particularly described herein. Through a Request for Qualification process
described herein, persons and/or firms interested in assisting the Town with the provision of such services must
prepare and submit a Qualification Statement in accordance with the procedures and schedules in this RFQ. The
Town will review Qualification Statements only from those firms that submit a Qualification Statement which includes
all the information required to be included as described herein (in the sole judgment of the Town). The Town intends
to qualify person(s) and/or firm(s) that (a) possesses the professional, financial and administrative capabilities to
provide the proposed services, and (b) will agree to work under the compensation terms and conditions determined
by the Town to provide the greatest benefit to the taxpayers of Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4
et seq. and Morristown Pay to Play Ordinance 2-87. The Town has structured a procurement process that seeks to
obtain the desired results described above, while establishing a competitive process to assure that each person and/or
firm is provided with an equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification
Statements will be evaluated in accordance with the criteria set forth in Section 5 of this RFQ, which will be applied
in the same manner to each Qualification Statement received. Respondents agree to at all times abide by all
requirements of New Jersey law, including, but not limited to the aforementioned “Pay to Play” laws, as well as any
and all relevant Executive Orders and the New Jersey Election Law Enforcement Commission disclosure
requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or financial
advisors (collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the
Respondent has met the minimum professional, administrative and financial criteria described in this RFQ. Under no
circumstances will a member of the Review Team review responses to an RFQ for a position which they or their firm
submitted a response. Based upon the totality of the information contained in the Qualification Statement, including
information about the reputation and experience of each Respondent, the Town will (in its sole judgment) determine
which Respondents are qualified from professional, administrative and financial standpoints. Each Respondent that
meets the requirements of the RFQ (in the sole judgment of the Town) will be designated as a Qualified Respondent
and will be given the opportunity to participate in the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated
completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to, among other things,
amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated Contact
Person, in writing.
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail, by
4:00 p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile
transmission or e-mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received a copy
of the RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to inquiries received
from prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the
Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents
to the following conditions relative to the submission and review and consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
solely by the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses and
components thereof and to eliminate any and all Respondents responding to this RFQ from further
consideration for this procurement.
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this
RFQ.
•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify this
RFQ, or otherwise request additional information.
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Town, in the exercise of its sole discretion, in accordance with applicable law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time on
December 8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not limited
to, the Review Team, shall be liable for any claims or damages resulting from the solicitation or
preparation of the Qualification Statement, nor will there be any reimbursement to Respondents for
the cost of preparing and submitting a Qualification Statement or for participating in this
procurement process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this
RFQ and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms
of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective
Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to
all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or
convenient, to clarify the information provided as part of the Qualification Statement and to request
additional information to support the information included in any Qualification Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Town’s
sole discretion. If terminated, the Town may determine to commence a new procurement process
or exercise any other rights provided under applicable law without any obligation to the Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in this
RFQ.
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda, amendments
or answers to written inquiries. Those addenda will be noticed by the Town and will constitute a part of the RFQ.
All responses to the RFQ shall be prepared with full consideration of the addenda issued prior to the proposal
submission date.
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost
and expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its consultants or
such consultant’s staff, for reimbursement for the payment of costs or expenses incurred in the preparation of the
Qualification Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors. may
be rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in the provision
of Legal Services-Tax Appeal Counsel. Firms and/or persons responding to this RFQ shall be able to demonstrate
that they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and
financial qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental information that
it feels may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual, and
concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other
parts of the Qualification Statement.
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each
firm, its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting
the Qualification Statement. For purposes of this RFQ, "Principals" means persons
possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control
over the Respondent and every stockholder having an ownership interest of ten percent
(10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent
company and describe the nature and extent of the parents' approval rights over the activities
of the firm submitting a Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide
comparable information as required in (b) above for each member of the partnership, joint
venture or similar organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities, together with evidence of such
compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a
Stockholder Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated liable for
professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-organization
proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s Business
Registration Certificate.
Section 3.3
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing
the type of services sought in the RFQ. At a minimum, the following information on past
experience should be included as appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-
contracted out. Identify all subcontractors the Respondent anticipates using in connection
with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees or
elected officials of the Town. For purposes of the above, “immediate relative” means a
spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle,
grandparent, grandchild, and in-laws by reason of relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated Contact
Person:
Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be received by the Town no later than 4:00 p.m. prevailing time on December 8, 2022,
and must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance
with the instructions set forth herein. Qualification Statements and all related information must be bound, and signed
and acknowledged by the Respondent.
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that will
provide high quality and cost effective services to the citizens of Morristown. The Town will consider Qualification
Statements only from firms or organizations that, in the Town’s judgment, have demonstrated the capability and
willingness to provide high quality services to the citizens of the Town in the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered. The
evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this
letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned have reviewed our Qualification Statement submitted in response to the Request for Qualifications
(RFQ) issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s
need for Legal Services – Tax Appeal Counsel.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein by
reference) are accurate, factual and complete to the best of our knowledge and belief and that the Qualification
Statement is submitted in good faith upon express understanding that any false statement may result in the
disqualification of (Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of
each company shall sign.)
(Signature of Chief
Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ___________________
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms.. Jillian Barrick, Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection with the Town’s
need for Legal Services – Tax Appeal Counsel.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described in
the RFQ and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with the
preparation and submission of the Qualification Statement and any proposal prepared and submitted in
response to the RFQ, or any negotiation which results therefrom shall be borne exclusively by the Respondent.
4.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification
Statement as Principals are named herein and that no person other than those herein mentioned has any
participation in this Qualification Statement or in any contract to be entered into with respect thereto.
Additional persons may subsequently be included as participating Principals, but only if acceptable to the Town.
(Name of Respondent) declares that this Qualification Statement is made without connection with any other
person, firm or parties who has submitted a Qualification Statement, except as expressly set forth below and
that it has been prepared and has been submitted in good faith and without collusion or fraud.
5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or terminate
the procurement process (in its sole judgment). In any case, the Town shall not have any liability to the
Respondent for any costs incurred by the Respondent with respect to the procurement activities described in
this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of Tax Appeal
Counsel Services must comply with all applicable affirmative action and similar laws. Respondent hereby
agrees to take such actions as are required in order to comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company shall
sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The hourly rate for Legal Services-Tax Appeal Counsel shall be One Hundred and Fifty Dollars ($150.00)
an hour for attorneys and One Hundred Dollars ($100.00) an hour for paralegals and clerks.
2.
Counsel shall be reimbursed at cost for expenses incurred for duplication, filing fees, court reporters and
other including disbursements that are actual expenses incurred by the Professional and or/their associated
Firm in connection with such Legal Services-Tax Appeal Counsel, and shall include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing, court costs, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports,
contracts and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________
Date:____________________________________________________
ATTEST:
________________________________
Witness
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01
et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
20
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: 2023 Appraisal Services-Tax Assessments.pdf ---
NOTE: The Town of Morristown will consider proposals only from firms or organizations that have
demonstrated the capability and willingness to provide high quality services in the manner described
in this Request for Qualifications.
REQUEST FOR QUALIFICATIONS
FOR THE PROVISION OF APPRAISAL SERVICES – TAX ASSESSMENTS
ISSUE DATE: November 3, 2022
DUE DATE: December 8, 2022
Issued by:
Town of Morristown
2
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
"Principals" means persons possessing an ownership interest in the Respondent. If the Respondent is a corporation,
"Principals" shall include each investor who would have any amount of operational control over the Respondent and every
stockholder having an ownership interest of ten percent (10%) or more in the firm.
"Qualification Statement" - refers to the complete responses to this RFQ submitted by the Respondents.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Town) have satisfied the
qualification criteria set forth in this RFQ.
"Respondent" or "Respondents" - refers to the interested firm(s) that submit a Qualification Statement.
“Review Team” – Members of the Town Administration and its legal and/or financial advisors who shall review the
Qualification Statements.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements thereto.
"Town" - refers to the Town of Morristown.
3
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
Section 1.1.
Introduction and Purpose.
The Town is soliciting Qualification Statements from interested persons and/or firms for the provision of Appraisal
Services for Tax Assessments, as more particularly described herein. Through a Request for Qualification process
described herein, persons and/or firms interested in assisting the Town with the provision of such services must prepare
and submit a Qualification Statement in accordance with the procedures and schedules in this RFQ. The Town will review
Qualification Statements only from those firms that submit a Qualification Statement which includes all the information
required to be included as described herein (in the sole judgment of the Town). The Town intends to qualify person(s)
and/or firm(s) that: (a) possesses the professional, financial and administrative capabilities to provide the proposed services,
and (b) will agree to work under the compensation terms and conditions determined by the Town to provide the greatest
benefit to the taxpayers of Morristown.
Section 1.2.
Procurement Process and Schedule.
The selection of Qualified Respondents is not subject to the bidding provisions of the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq. The selection is subject to the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq. and
Morristown Pay to Play Ordinance 2-87. The Town has structured a procurement process that seeks to obtain the desired
results described above, while establishing a competitive process to assure that each person and/or firm is provided with
an equal opportunity to submit a Qualification Statement in response to the RFQ. Qualification Statements will be evaluated
in accordance with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each
Qualification Statement received. Respondents agree to at all times abide by all requirements of New Jersey law, including,
but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant Executive Orders and the New
Jersey Election Law Enforcement Commission disclosure requirements.
Qualification Statements will be reviewed and evaluated by the Town Administration and its legal and/or financial advisors
(collectively, the "Review Team"). The Qualification Statements will be reviewed to determine if the Respondent has met
the minimum professional, administrative and financial criteria described in this RFQ. Under no circumstances will a
member of the Review Team review responses to an RFQ for a position which they or their firm submitted a response.
Based upon the totality of the information contained in the Qualification Statement, including information about the
reputation and experience of each Respondent, the Town will (in its sole judgment) determine which Respondents are
qualified from professional, administrative and financial standpoints. Each Respondent that meets the requirements of the
RFQ (in the sole judgment of the Town) will be designated as a Qualified Respondent and will be given the opportunity to
participate in the selection process determined by the Town.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the anticipated
completion dates are set forth in Table 1, Procurement Schedule. The Town reserves the right to, among other things,
amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.
All communications concerning this RFQ or the RFQ process shall be directed to the Town’s Designated Contact Person,
in writing.
4
Designated Contact Person:
Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be submitted to, and be received by, the Town, by hand delivery or regular mail, by 4:00
p.m. prevailing time on December 8, 2022. Qualification Statements will not be accepted by facsimile transmission or e-
mail.
Subsequent to issuance of this RFQ, the Town (through the issuance of addenda to all firms that have received a copy of
the RFQ) may modify, supplement or amend the provisions of this RFQ in order to respond to inquiries received from
prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the Town.
TABLE 1
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
DATE
1. Issuance of Request for Qualifications
November 3, 2022
2. Receipt of Qualification Statements
December 8, 2022
3. Completion of Evaluation of Qualification Statements by the Review Team
December 15, 2022
4. Town Review of Review Team Recommendations
December 28, 2022
5. Approval of Professional Services Resolutions by Town Council
January 10, 2023
Section 1.3.
Conditions Applicable to RFQ.
Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents to the
following conditions relative to the submission and review and consideration of its Qualification Statement:
•
This document is an RFQ and does not constitute an RFP.
•
This RFQ does not commit the Town to issue an RFP.
•
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne solely by
the Respondent.
•
The Town reserves the right, in its sole judgment, to reject for any reason, any and all responses and
components thereof and to eliminate any and all Respondents responding to this RFQ from further
consideration for this procurement.
•
The Town reserves the right, in its sole judgment, to reject any Respondent that submits incomplete
responses to this RFQ, or a Qualification Statement that is not responsive to the requirements of this
RFQ.
5
•
The Town reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFQ,
or otherwise request additional information.
•
All Qualification Statements shall become the property of the Town and will not be returned.
•
All Qualification Statements will be made available to the public at the appropriate time, as determined by
the Town, in the exercise of its sole discretion, in accordance with applicable law.
•
The Town may request Respondents to send representatives to the Town for interviews.
•
Any and all Qualification Statements not received by the Town by 4:00 p.m. prevailing time on December
8, 2022 will be rejected.
•
Neither the Town, its consultants or advisors, nor their respective staffs, including, but not limited to, the
Review Team, shall be liable for any claims or damages resulting from the solicitation or preparation of
the Qualification Statement, nor will there be any reimbursement to Respondents for the cost of preparing
and submitting a Qualification Statement or for participating in this procurement process.
Section 1.4.
Rights of Town.
The Town reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this RFQ
and the procurement process in accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the terms
of this RFQ.
•
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all
prospective Respondents who have received a copy of this RFQ.
•
To waive any technical non-conformance with the terms of this RFQ.
•
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice
to all prospective Respondents who have received a copy of this RFQ.
•
To conduct investigations of any or all of the Respondents, as the Town deems necessary or
convenient, to clarify the information provided as part of the Qualification Statement and to
request additional information to support the information included in any Qualification
Statement.
•
To suspend or terminate the procurement process described in this RFQ at any time in the Town’s
sole discretion. If terminated, the Town may determine to commence a new procurement process
or exercise any other rights provided under applicable law without any obligation to the
Respondents.
The Town shall be under no obligation to complete all or any portion of the procurement process described in this RFQ.
6
Section 1.5
Addenda or Amendments to RFQ.
During the period provided for the preparation of responses to the RFQ, the Town may issue addenda, amendments or
answers to written inquiries. Those addenda will be noticed by the Town and will constitute a part of the RFQ. All
responses to the RFQ shall be prepared with full consideration of the addenda issued prior to the proposal submission
date.
Section 1.6
Cost of Proposal Preparation.
Each proposal and all information required to be submitted pursuant to the RFQ shall be prepared at the sole cost and
expense of the respondent. There shall be no claims whatsoever against the Town, its staff, its consultants or such
consultant’s staff, for reimbursement for the payment of costs or expenses incurred in the preparation of the Qualification
Statement or other information required by the RFQ.
Section 1.7
Proposal Format.
Responses should cover all information requested in the questions to be answered in this RFQ.
Responses which in the judgment of the Town fail to meet the requirements of the RFQ or which are in any way
conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors. may be
rejected.
SECTION 2
SCOPE OF SERVICES
It is the intent of the Town to solicit Qualification Statements from Respondents that have expertise in the provision of
Appraisal Services for Tax Assessments. Firms and/or persons responding to this RFQ shall be able to demonstrate
that they will have the continuing capabilities to perform these services.
SECTION 3
SUBMISSION REQUIREMENTS
Section 3.1
General Requirements.
The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative and
financial qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information required as described below, a Respondent may submit supplemental information that it
believes may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual, and
concise in their presentation of information.
Section 3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of
the Qualification Statement.
7
2.
An executed Letter of Qualification (See Appendix A to this RFQ).
3.
Name, address and telephone number of the firm or firms submitting the Qualification Statement
pursuant to this RFQ, and the name of the key contact person.
4.
A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each firm,
its ownership and its organizational structure.
(a)
Provide the names and business addresses of all Principals of the firm or firms submitting the Qualification
Statement. For purposes of this RFQ, "Principals" means persons possessing an ownership interest in
the Respondent. If the Respondent is a corporation, "Principals" shall include each investor who would
have any amount of operational control over the Respondent and every stockholder having an ownership
interest of ten percent (10%) or more in the firm.
(b)
If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent company and
describe the nature and extent of the parents' approval rights over the activities of the firm submitting a
Qualification Statement. Describe the approval process.
(c)
If the Respondent is a partnership or a joint venture or similar organization, provide comparable
information as required in (b) above for each member of the partnership, joint venture or similar
organization.
(d)
A statement that the Respondent has complied with all applicable affirmative action (or similar)
requirements with respect to its business activities, together with evidence of such compliance
5.
An executed Letter of Intent (See Appendix B).
6.
An executed Payment Conditions and Rate Schedules Form (See Appendix C).
7.
An executed Americans with Disabilities Act of 1990 Acknowledgement Form (See Appendix D).
8.
A completed Business Entity Disclosure Form, Political Contribution Disclosure Form & a Stockholder
Disclosure Certification (Appendices E, F & G).
9.
The number of years the business organization has been in business under its present name.
10.
The number of years the business organization has been under its current management.
11.
Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated liable for
professional malpractice. If yes, please explain.
12.
Whether the business organization is now or has been involved in any bankruptcy or re-organization
proceedings in the last ten (10) years. If yes, please explain.
13.
Confirm appropriate federal and state licenses to perform activities. Submit a copy of the Firm’s Business
Registration Certificate.
8
Section 3.3
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing the type of services
sought in the RFQ. At a minimum, the following information on past experience should be included as
appropriate to the RFQ:
a.
Description and scope of work by Respondent;
b.
Name, address and contact information of references; and
c.
Explanation of perceived relevance of the experience to the RFQ.
2.
Describe the services that Respondent would perform directly.
3.
Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify
all subcontractors the Respondent anticipates using in connection with this project.
4.
Does the Respondent normally employ union or non-union employees?
5.
Resumes of key employees.
6.
A narrative statement of the Respondent’s understanding of the Town’s needs and goals.
7.
List all immediate relatives of Principal(s) of Respondent who are Town employees or elected officials of
the Town. For purposes of the above, “immediate relative” means a spouse, parent, stepparent, brother,
sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason of relation.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
Section 4.1
Submission of Qualification Statements.
Respondents must submit an original and one (1) copy of their Qualification Statement to the Designated Contact Person:
Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Room 239, Office of Mayor/Administration
Morristown, NJ 07963-0914
Qualification Statements must be received by the Town no later than 4:00 p.m. (prevailing time) on December 8, 2022, and
must be mailed or hand-delivered. Qualification Statements forwarded by facsimile or e-mail will not be accepted.
To be responsive, Qualification Statements must provide all requested information, and must be in strict conformance with
the instructions set forth herein. Qualification Statements and all related information must be bound, and signed and
acknowledged by the Respondent.
9
SECTION 5
EVALUATION
The Town’s objective in soliciting Qualification Statements is to enable it to select a firm or organization that will provide
high quality and cost effective services to the citizens of Morristown. The Town will consider Qualification Statements
only from firms or organizations that, in the Town’s judgment, have demonstrated the capability and willingness to provide
high quality services to the citizens of the Town in the manner described in this RFQ.
Proposals will be evaluated by the Town on the basis of the most advantageous, all relevant factors considered. The
evaluation will consider:
1.
Experience and reputation in the field;
2.
Knowledge of the Town and the subject matter addressed under the contract;
3.
Availability to accommodate the required meetings of the Town; and
4.
Other factors demonstrated to be in the best interest of the Town.
10
APPENDIX A
LETTER OF QUALIFICATION
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned has reviewed its Qualification Statement submitted in response to the Request for Qualifications (RFQ)
issued by the Town of Morristown ("Town"), dated __________________, in connection with the Town’s need for
Appraisal Services for Tax Assessments.
We affirm that the contents of our Qualification Statement (which Qualification Statement is incorporated herein by
reference), are accurate, factual and complete to the best of our knowledge and belief and that the Qualification Statement
is submitted in good faith upon the express understanding that any false statement may result in the disqualification of
(Name of Respondent).
(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each company
shall sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title )
(Type Name of Firm)
Dated: ____________________________
11
APPENDIX B
LETTER OF INTENT
(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)
[INSERT DATE]
Attn: Ms. Jillian Barrick
Business Administrator
Town of Morristown
200 South St. CN914
Morristown, NJ 07963-0914
Dear Ms. Barrick:
The undersigned, as Respondent, has (have) submitted the attached Qualification Statement in response to a Request for
Qualifications (RFQ), issued by the Town of Morristown ("Town"), dated __________________in connection with the Town’s
need for Appraisal Services for Tax Assessments.
(Name of Respondent) HEREBY STATES:
1.
The Qualification Statement contains accurate, factual and complete information.
2.
(Name of Respondent) agrees (agrees) to participate in good faith in the procurement process as described in the RFQ
and to adhere to the Town's procurement schedule.
3.
(Name of Respondent) acknowledges (acknowledge) that all costs incurred by it (them) in connection with the
preparation and submission of the Qualification Statement and any proposal prepared and submitted in response to the RFQ, or
any negotiation which results therefrom shall be borne exclusively by the Respondent.
4.
(Name of Respondent) hereby declares (declare) that the only persons participating in this Qualification Statement as
Principals are named herein and that no person other than those herein mentioned has any participation in this Qualification
Statement or in any contract to be entered into with respect thereto. Additional persons may subsequently be included as
participating Principals, but only if acceptable to the Town. (Name of Respondent) declares that this Qualification Statement is
made without connection with any other person, firm or parties who has submitted a Qualification Statement, except as expressly
set forth below and that it has been prepared and has been submitted in good faith and without collusion or fraud.
5.
(Name of Respondent) acknowledges and agrees that the Town may modify, amend, suspend and/or terminate the
procurement process (in its sole judgment). In any case, the Town shall not have any liability to the Respondent for any costs
incurred by the Respondent with respect to the procurement activities described in this RFQ.
6.
(Name of Respondent) acknowledges that any contract executed with respect to the provision of Appraisal Services
for Tax Assessments must comply with all applicable affirmative action and similar laws. Respondent hereby agrees to take
such actions as are required in order to comply with such applicable laws.
(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company
shall sign.)
(Signature of Chief Executive Officer)
(Typed Name and Title)
(Type Name of Firm)
Dated: ________________
12
APPENDIX C
PAYMENT CONDITIONS AND RATE SCHEDULES
1.
The hourly rate for Appraisal Services for Tax Assessments shall be One Hundred Dollars. ($100.00).
2.
The Appraiser shall be reimbursed at cost for expenses incurred for duplication, filing fees and other
reasonable out-of-pocket expenses advanced and/or incurred by them. The Appraiser shall be reimbursed for direct
charges including disbursements that are actual expenses incurred by the Professional and or/their associated Firm in
connection with such appraisal services, and shall include, but not be limited to:
a.
Telegrams, faxes and long distance (Out-of-State) telephone calls;
b.
Payment of filing, application fees, review fees and similar charges;
c.
Computer expenses including time and proprietary program charges;
d.
Outside printing, reproduction, binding, collating and other graphic services;
e.
Messenger service, postage and handling of drawing and specifications, reports,
contracts and other bulky items.
3.
Monthly invoices shall be submitted detailing all services performed.
Signature: The undersigned hereby acknowledges and accepts the established payment terms.
Name of Respondent/Firm:__________________________________
Print name and title:________________________________________
Signature:________________________________________________
Date:____________________________________________________
ATTEST:
________________________________
Witness
13
APPENDIX D
AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligation to comply with the requirements of 42 U.S.C. §121.01
et seq., referred to as the Americans Disability Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans with Disabilities Act of 1990 found at
Appendix B of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the requirements
of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall be rejected as non-
responsive and any contract entered into shall be void and of no effect if said Vendor fails to comply with the
requirements of 42 U.S.C. §121.01 et seq.
COMPANY:___________________________ TITLE:______________________________
PRINT NAME: __________________________SIGNATURE:_______________________________
DATE: ______________________
14
APPENDIX E
BUSINESS ENTITY DISCLOSURE CERTIFICATION
PURSUANT TO CHAPTER 2, SECTION 2-87, PUBLIC CONTRACTING REFORM
ORDINANCE, OF THE CODE OF TOWN OF MORRISTOWN, NEW JERSEY
T OWN OF MORRISTOWN
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
has not made and will not make any contributions pursuant to Chapter 2, Section 2-
87, Public Contracting Reform Ordinance, of the Code of the Town of Morristown, that would bar the award of this
contract in the one year period preceding
(date of award scheduled for approval of the contract by the governing body) to
any of the following named candidate committee, joint candidates committee; or political party committee
representing the elected officials of the Town of Morristown as defined pursuant to N.J.S.A. 19:44A-3(p), (q) and (r).
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of
the issued and outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and
certification, I
and/or the business entity, will be liable for any penalty permitted under
law. Name of Business Entity:
Signed:
Print Name:
Title:
Date:
Subscribed and sworn before me this
day of
, 2 .
My Commission expires:
(Affiant)
(Print name & title of affiant) (Corporate Seal)
15
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR NON-FAIR AND OPEN CONTRACTS Required Pursuant To N.J.S.A. 19:44A-20.8
T OWN OF M OR R IST OWN
The following is statutory text related to the terms and citations used in the Business Entity Disclosure
Certification form.
“Local Unit Pay-To-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c.51)
19:44A-20.6 Certain contributions deemed as contributions by business entity.
5. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall
be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a
contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by
the business entity.
19:44A-20.7 Definitions relative to certain campaign contributions.
6. As used in sections 2 through 12 of this act:
“business entity" means any natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
“interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate;
Temporary and Executing
12. Nothing contained in this act shall be construed as affecting the eligibility of any business entity to perform a
public contract because that entity made a contribution to any committee during the one-year period immediately
preceding the effective date of this act.
The New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.)
19:44A-3 Definitions. In pertinent part…
p. The term "political party committee" means the State committee of a political party, as organized pursuant to
R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal
committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. the term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of
P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a
legislative district, county, municipality or school district, but not more candidates than the total number of the same
elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures.
For the purpose of this subsection: …; the offices of member of the board of chosen freeholders
and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor
and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.
19:44A-8 and 16 Contributions, expenditures, reports, requirements.
While the provisions of this section are too extensive to reprint here, the following is deemed to be the pertinent part affecting amounts of
contributions:
“The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by
the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2)
16
APPENDIX F
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What
follows are instructions on the use of form local units can provide to contractors that are required to disclose political
contributions pursuant to N.J.S.A.
19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in
Local Finance Notice 2006-1 (www.nj.gov/dca/lgs/lfns/lfnmenu.shtml).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and
open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to
be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract
documents or in an appropriate computer file and be available for public access. The form is worded to accept
this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is
on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of
public agencies, including all public agencies that have elected officials in the county of the public agency, state
legislative positions, and various state entities. The Division of Local Government Services recommends that
contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and
political committees of the officials and candidates affected by the disclosure.
a.
The Division has prepared model disclosure forms for each county. They can be
downloaded from the “County PCD Forms” link on the Pay-to-Play web site at www.nj.gov/dca/lgs/p2p.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that do not represent the
public agency should be removed from the lists.
c.
Some contractors may find it easier to provide a single list that covers all contributions, regardless
of the county. These submissions are appropriate and should be accepted.
d. The form may be used “as-is”, subject to edits as described herein.
e.
The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended
that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are
printed on the back of the form; where that is not the case, the text should be edited accordingly.
f.
The form is a Word document and can be edited to meet local needs, and posted for download on
web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist
the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees
listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance
Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and
the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable
to Boards of Education.
17
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair
and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c.
271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the
contractor shall disclose contributions to:
•
any State, county, or municipal committee of a political party
•
any legislative leadership committee*
•
any continuing political committee (a.k.a., political action committee)
•
any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the
public entity is a county, of any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle
that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and
19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is
not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of
a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must
be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by
ELEC in an amount to be determined by the Commission which may be based upon the amount that the
business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected
official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s
responsibility to identify the specific committees to which contributions may have been made and need to be
disclosed. The disclosed information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along
with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the
Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency
in meeting its obligations under the law. NOTE: This section does not apply to Board of Education
contracts.
* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the
purpose of receiving contributions and making expenditures.”
18
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days
prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City:
State:
Zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance
with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
Signature
Printed Name
Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political
contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of
the government entities listed on the form provided by the local unit.
Check here if disclosure is provided in electronic form.
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
19
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page
of
Vendor Name:
Contributor Name
Recipient Name
Date
Dollar Amount
$
Check here if the information is continued on subsequent page(s)
20
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders
County Clerk
Sheriff
{County Executive}
Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
Mayor Timothy Dougherty
Councilperson Nathan Umbriac
Councilperson Toshiba Foster
Councilperson Tawanna Cotten
Councilperson Stefan Armington
Councilperson David Silva
Councilperson Robert Iannacone
Councilperson Sandi Mayer
Morristown Democratic Organization
Morristown Republican Organization
Morris County Party Committee
Any other Committee referred to in the Ordinance
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM
WWW.NJ.GOV/DCA/LGS/P2P A COUNTY-BASED, CUSTOMIZABLE FORM.
21
APPENDIX G
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding
10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the
undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Name:
Name:
Home Address:
Home Address:
Subscribed and sworn before me this day of
_, 2 . __________________________
(Affiant)
(Notary Public)
__________________________
(Print name & title of affiant)
My Commission expires:
(Corporate Seal)
--- Document: LEGAL NOTICE for 2023 Professional Services.pdf ---
TOWN OF MORRISTOWN
REQUEST FOR QUALIFICATIONS & PROPOSALS
The Town of Morristown (the “Town”) is soliciting Qualification Statements & Proposals from interested persons
and/or firms for the provision of the services listed below. Through the Request for Qualifications (“RFQ”) and
Request for Proposal (“RFP”) process, persons and/or firms interested in assisting the Town with the provision of
such services must prepare and submit a Qualification Statement or Proposal in accordance with the procedure and
schedule in the RFQ’s and RFP’s. The Town will review Qualification Statements & Proposals only from those
firms that submit a Qualification Statement or Proposal which includes all the information required to be included as
described (in the sole judgment of the Town). The Town intends to qualify (a) person(s) and/or firm(s) that (a)
possess(es) the professional, financial and administrative capabilities to provide the proposed services, and (b) agrees
and meets the terms and conditions determined by the Town that provide the greatest benefit to the taxpayers of
Morristown.
The selection of qualified respondents is not subject to the bidding provisions of the Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq. However, the selection is subject to the New Jersey Local Unit Pay-to-Play Law (the
“Law”), N.J.S.A. 19:44A-20.4 et seq. The Town has structured a procurement process that seeks to obtain the desired
results, while establishing a “fair and open” process under the Law, to assure that each person and/or firm is provided
an equal opportunity to submit a Qualification Statement or Proposal in response to the RFQ and/or RFP.
Qualification Statements & Proposals must be submitted to, and be received by, Jillian Barrick, Business
Administrator, Town of Morristown, 200 South St. CN914, Morristown, NJ 07963-0914 on or before 4:00 p.m. on
December 8, 2022. Qualification Statements will not be accepted by facsimile transmission or e-mail.
CONTRACTS:
(1)
Appraisal Services-Tax Assessments
(2)
Financial Services-Municipal Auditor
(3)
Engineering Services-Consulting Engineer
(4)
General Legal Services
(5)
Legal Services-Bond Counsel
(6)
Legal Services-Conflict Public Defender
(7)
Legal Services-Labor Counsel
(8)
Legal Services-Public Defender
(9)
Legal Services-Tax Appeal Counsel
(10)
Legal Services-Redevelopment Attorney
(11)
Municipal Prosecutor
(12)
Psychological Services to the Bureau of Police and Fire Protection
(13)
Grant Consulting Services
(14)
Information Technology Consulting Management Services
Qualification Statements & Proposals must be submitted in the manner designated in the Instructions, must be
enclosed in sealed envelopes bearing name and address of the bidder and the name of the work on the outside,
addressed to the Town of Morristown.
Interested respondents must continue to monitor the town website www.townofmorristown.org until 4:00 p.m. on
December 8, 2022 as the Town reserves the right to issue Addenda to the RFQ & RFP documents in this space. BY
ORDER OF THE MAYOR OF THE TOWN OF MORRISTOWN.
JILLIAN BARRICK
BUSINESS ADMINISTRATOR
TOWN OF MORRISTOWN
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Visit Bid Portal2023 RFP Grant Consulting Services.pdf2023 RFP Information Technology Consulting & Management Services.pdf2023 Financial Services-Municipal Auditor.pdf2023 Legal Services-Bond Counsel.pdf2023 Legal Services-Conflict Public Defender.pdf2023 Engineering Services-Consulting Engineer.pdf2023 Legal Services-General Legal Services.pdf2023 Legal Services-Labor Counsel.pdf2023 Municipal Prosecutor.pdf2023 Psychological Services to the Bureau's of Police and Fire Protection.pdf2023 Legal Services-Public Defender.pdf2023 Legal Services-Redevelopment Attorney.pdf2023 Legal Services-Tax Appeal Attorney.pdf2023 Appraisal Services-Tax Assessments.pdfLEGAL NOTICE for 2023 Professional Services.pdf
Contacts
Jillian Barrick
Business Administrator · Town of Morristown
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Last Info Update
Apr 2, 2026
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