NOTE: The Township of East Brunswick 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 Proposals.
REQUEST FOR PROPOSALS FOR THE PROVISION OF AN AUTOMATED PHOTO ENFORCEMENT SYSTEM
ISSUE DATE: DUE DATE:
May 11, 2009 May 27, 2009 at 10:00 AM
Issued by: Township of East Brunswick 1 Jean Walling Civic Drive East Brunswick, NJ 08816 Tel. (732) 390-6850 Fax. (732) 238-8848 www.eastbrunswick.org
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Table of Contents
GLOSSARY SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 APPENDIX A APPENDIX B APPENDIX C APPENDIX D INTRODUCTION AND GENERAL INFORMATION SCOPE OF SERVICES SUBMISSION REQUIREMENTS INSTRUCTIONS TO RESPONDENTS EVALUATION LETTER OF QUALIFICATION LETTER OF INTENT PAYMENT CONDITIONS AND RATE SCHEDULE DOCUMENTS REQUIRED UPON EXECUTION OF CONTRACT
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GLOSSARY The following definitions shall apply to this Request for Proposals: "Township" - refers to the Township of East Brunswick. "Proposal" - refers to the complete response to this RFP submitted by the Respondent. "RFP" - refers to this Request for Proposals, including any amendments or supplements. “Vendor(s)” or “Respondent(s)” – refers to the firm(s) that submit a Proposal.
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SECTION 1 INTRODUCTION AND GENERAL INFORMATION 1.1. Introduction and Purpose.
The Township is soliciting Proposals for an Automated Photo Enforcement System (“APES” or “System”). The Township intends to enter into two-year contract for a system, with an option to renew for one year. Vendors interested in providing an APES to the Township must submit Proposals in accordance with the terms and conditions of this RFP. The Township will review Proposals only from those Vendors whose Proposals include all required information. The Township intends to award a contract to the Vendor that, in its sole judgment, is able to provide a System that will best serve the Township and provide the greatest benefit to the taxpayers of East Brunswick. 1.2. Procurement Process and Schedule.
The Township has structured a procurement process that allows it to obtain Proposals in a competitive process to assure that each Vendor is provided an equal opportunity to submit a Proposal in response to this RFP. Proposals will be evaluated in accordance with the criteria set forth in Section 5 of this RFP, which will be applied in the same manner to each Proposal received. Proposals will be reviewed and evaluated by the Township and members of the East Brunswick Police Department (the "Review Team"). Proposals will be reviewed to determine if the Respondent has met the requirements described in this RFP. Based upon the totality of the information contained in the Proposal, including information about the reputation and experience of the Vendor, the Township intends to (but is not required to) select a Proposal. The Township reserves the right to, among other things, amend, modify or alter the Procurement Schedule by posting notice on the Township website in accordance with the provisions set forth below. All communications concerning this RFP or the RFP process shall be directed to the Township's Designated Contact Person, in writing. Designated Contact Person: Ms. Nennette Perry, Municipal Clerk Township of East Brunswick 1 Jean Walling Civic Drive East Brunswick, NJ 08816
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Proposals must be submitted to, and be received by, the Township Municipal Clerk’s Office no later than 10:00 a.m. on May 27, 2009. Proposals will not be accepted by facsimile transmission or email. Section 1.3. Conditions Applicable to RFP. Upon submission of a Proposal, the Vendor acknowledges and consents to the following conditions: • • All costs incurred by the Vendor in connection with responding to this RFP shall be borne solely by the Vendor. The Township reserves the right in its sole judgment to reject for any reason any and all Proposals and components thereof and to eliminate any and all Vendors responding to this RFP from further consideration for this procurement. The Township reserves the right in its sole judgment to reject any Vendor that submits incomplete responses to this RFP, or a Proposal that is not responsive to the requirements of this RFP. The Township reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFP, or request additional information. All Proposals shall become the property of the Township and will not be returned. All Proposals will be made available to the public at the appropriate time, as determined by the Township in the exercise of its sole discretion in accordance with law. The Township may request Vendors to send representatives to the Township for interviews. Any Proposals not received by the Township within the time prescribed herein shall be returned, unopened, to the Vendor. The Township and the Review Team shall not be liable for any claims or damages resulting from the solicitation or preparation of the Proposals. The Township reserves the right, without prior notice, to withdraw this RFP and issue another RFP by posting said RFP on the Township’s website.
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Section 1.4. Rights of Township. The Township, through its Review Team, reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this RFP and the procurement process in accordance with the provisions of applicable law: • • • • • To determine that any Proposal received complies or fails to comply with the terms of this RFP. To supplement, amend or otherwise modify the RFP through issuance of addenda which shall be posted on the Township’s website. To waive any technical non-conformance with the terms of this RFP. To change or alter the schedule for any events called for in this RFP upon the issuance of notice which shall be posted on the Township’s website. To conduct investigations of any or all of the Vendors, as the Township deems necessary or convenient, clarify the information provided as part of the Proposal and request additional information to support the information included in a Proposal. To suspend or terminate the procurement process described in this RFP at any time (in its sole discretion). If terminated, the Township may determine to commence a new procurement process or exercise any other rights provided under applicable law without any obligation to the Vendors.
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The Township shall be under no obligation to complete all or any portion of the procurement process described in this RFP. 1.5 Addenda or Amendments to RFP.
During the period provided for the preparation of responses to the RFP, the Township may issue addenda, amendments or answers to written inquiries. Those addenda will be noticed only on the official Township website by the Township and will constitute a part of the RFP. Proposals shall be prepared with full consideration of the addenda issued prior to the Proposal submission date. 1.6 Cost of Proposal Preparation.
Proposals and all information required to be submitted pursuant to the RFP shall be prepared at the sole cost and expense of the Vendors. There shall be no claims whatsoever against the Township, its staff or consultants for reimbursement for costs or expenses incurred in the preparation of a Proposal.
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Proposal Formal.
Proposals should cover all information requested in the Questions to be answered in this RFP. Responses which, in the judgment of the Township, fail to meet the requirements of the RFP 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 The Township is seeking an APES from qualified contractors with demonstrated experience in providing complete Automated Photo Enforcement services. The Vendor shall be responsible for all aspects of the project including, but not limited to, implementing, training, maintaining, operating, processing and defending violations. The goal of this project is deploy a turnkey APES to improve traffic safety. The program will provide photo violation evidence including a combination of both high resolution color photo and full motion video. To meet the Township’s objectives, the following minimum requirements must be met. The Vendor shall be responsible for developing and submitting a scope of work that meets the goals and objectives of this project. This must include, but is not limited to, the following: 1. Complete turnkey system, including supply, installation, implementation and maintenance of all equipment necessary for the operation of an Automated Photo Enforcement System (the “System”) and citation processing system that is in full compliance with Township ordinance. 2. Issuance of warnings, notices, citations, summonses, follow-up on notification and past-due processing. 3. Processing of all traffic citations and prepare evidence packages for Court. 4. Operation of a toll-free telephone system for public inquiries; public awareness/community relation education campaign (i.e., press releases, brochures, public service announcements, web site, etc.) 5. Training for the Police Department, Municipal Court, Municipal Prosecutor and other officials involved in the use of the System. 6. Providing expert witness testimony in Court confirming the functionality and accuracy of the system.
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7. Hold and maintain records to comply with the State requirements Equipment The successful Vendor shall provide, install and maintain all equipment including, but not limited to, poles, cabinets, signage and related operational equipment at the selected intersections. A complete description of the equipment proposed and approaches covered shall be furnished with the proposal. The proposal shall address the following proven equipment capabilities: • • • The System shall use a digital media. Film based systems are not acceptable. The System shall utilize a combination of high resolution still images and full motion digital video technologies. The System must imprint violation information on the image at the point-of-capture. Information must include, but is not limited to: location, date, vehicle speed, duration of the red phase, duration of the amber phase and elapse time between images. Contractors that do not imprint this information on each image at the point of capture will not be considered. The System shall be modular in construction and will facilitate rapid installation and maintenance. The System shall generate secured violation evidence which can be communicated and processed using Contractor-supplied or operated photo enforcement processing systems. The System shall be fully suitable and functional for unattended use under all weather and ambient light conditions. All System component operations shall be synchronized to standard, independent, external and verifiable time and date source. The System shall be capable of being flexibly configured to address the specific number of lanes to be enforced at each direction of travel at the site.
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Functional Requirements The System shall be capable of identifying vehicles traveling through a signalized intersection during the “red” signal phase and recording a series of violation images that track the whole violation event from before the stop-bar and through to exiting the intersection. The System shall be capable of identifying vehicles traveling above the speed limit. “Scene” images will be captured to display the red signal in the vehicle’s direction of travel. 8
The System shall be capable of capturing multiple license plate images displaying the characters and numbers on reflective and non-reflective license plates. The System shall be capable of detecting and capturing evidence of violation by slow moving vehicles. There shall be no minimum “threshold speed” for effective monitoring and evidence capture. In additional to monitoring straight through violations, the System shall be capable of detecting and recording evidence of left-turn violations, including violations by slow moving left-turn vehicles. (Please reference programs which demonstrate this capability). In addition to monitoring straight through violations, the System shall be capable of detecting and recording evidence of right-turn violations. (Please reference programs which demonstrate this capability). The System shall provide 24x7 “live” intersection monitoring and viewing capabilities. Contractor must detail the image quality specifications and provide real sets of violation image examples captured in day-time, night-time and during inclement weather and during times where sunlight is pointing in the direction of the camera. Explain how the image and violation data is secured and transmitted to the processing center. Explain how the proposed camera unit produces an image set which contains the following data: 1. Scene of location where violation occurred including the signal light, crosswalk and vehicle in proper position to prove the violation. 2. Motor vehicle during violation. 3. Display of rear licensed plate of vehicle. 4. The day, month and year of the violation. 5. The time of the violation is hours, minutes and seconds. 6. The amount of time that has passed since the light turned red. 7. During amber light. 8. The duration of the event in 1/100 of a second. 9. Location of violation. 10. Frame sequence number. 11. All the information imprinted along the bottom or top edge of the image, such data shall not obstruct the violation image. All System component operations shall be synchronized to a single, standard, independent, external and verifiable time and date source. Explain how each image captured is
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synchronized to the same time source (i.e, video and stills). Explain how the proposed system can compensate for the effects of license plate covers or other materials used to obstruct photo detection. Camera Unit Housing Shall Be: • • • • • Sealed to be weather, dust, water and spray resistant. Securely lockable. Capable of being securely mounted to existing intersection infrastructures (other than mast arms) by agreement with the authority. Capable of being pole-mounted on a contractor supplied pole. Systems that require additional intersection mast arms will not be accepted. Camera enclosures must be vandal and tamperproof. All glass openings must be bullet resistant. Imaging Units: • • • • • • Each imaging unit’s operation shall be microprocessor controlled and fully automatic. Each camera shall record images with an output of 3000 x 2000 pixels or greater of resolution per image. Each unit shall record images at 30 frames per second or faster. Units shall allow aperture adjustment. Each image should be full-color. degradation. IR-systems will not be considered due to color
Systems must have a brief flash system beyond relying on incandescent flood light, IR light or ambient light at the intersection.
Violation Detection System – Any System to detect potential red light running violations shall be: • Capable of providing the ability to select from several triggering options to include induction loops.
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Direction sensitive. Capable of capturing multiple-image sets that may be reviewed to confirm vehicle presence prior to the stop bar during processing.
Camera System Operations – The Camera System Shall: • • Be capable of on-site or remote activation and maintenance support. Record multiple-image sets for each scene with license plate evidentiary requirements required to prove a violation. All images in each set shall display data bars as specified. Record event specific evidence to substantiate multiple, simultaneous and/or concurrent violations occurring during any red signal phase. (Please provide sample violation images to demonstrate this capability). Count the number of violations. Allow a malfunction to be easily identified and debugged on-line. Perform self-test on set –up. Simulate violation being recorded for testing. Communicate error messages. Record date and time of system shutdown in the event of a malfunction. Record date pertinent to each violation in a flexibly configured data bar that is embedded with each scene, license plate and stop bar detection images that may be used to prove the violation. The data bar embedded to violation images shall contain the following information for each violation: a. b. c. d. e. f. g. h. i. Unique violation identifier incorporating the City/County ID Date (MM/DD/YYYY) or (DD/MM/YYY) Time (24 hour clock) Direction of travel Traffic signal phase Time into the “red” phase Duration of the prior “amber” phase Vehicle lane of travel Camera ID
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Encrypt violation images and data to ensure security of primary evidence. Explain how your system captures illegal right turn on red movements without false calls. Violation Processing: The Vendor may provide a fully internet enabled violation processing system for the Township to operate at the Township’s discretion. There shall be no requirement to install Vendor processing software on the Township’s systems. Alternatively, the Vendor can operate fully Internet enabled violation processing services for the Township and pre-process violation evidence before making it available for Police authorization before notice issuance. All accesses to the violation processing system for the purpose of pre-processing evidence, police authorization, notice printing, payments tracking, and generation of courts evidence packages shall be internet enabled and shall be accessible 24 x 7 for authorized users. The violation processing system shall provide the following functions: • • • • • • Web-enabled access and operation. Secure user log-in access Automatic presentation of images and data captured by the camera system onto review PC’s. Easy review or violation evidence against local regulations. Ability to both “play” full motion video and view multiple scene and plate images. Ability to “crop” a license plate image area from the optimal license plate image in the multiple image license plates set to establish vehicle ID, and subsequently print the cropped plate area image to the notice. Ability to “accept” or “reject” violation sets and record rejection reasons. Ability to generate printed warning letters (during the first 30 days of program operations at the Township’s discretion). Ability to automatically generate printed traffic notices. Ability to store and archive all processed violation evidence into a secured database. 24 x 7 ability to access any stored violation image from the system database subject to the Township’s standard operating procedures regarding the accessing, sharing and utilization of all images on the system database. 24 x 7 ability to request and immediately view Courts Evidence Package image sequences displayed as video or as individual high resolution still shots, or send images to printing locally. 24 x 7 ability to immediately request, view and print both standard and user-defined reports. Secured Access Control and automatically generated Electronic Audit Trails. Encryption and decryption management Ability to provide statistics on violations. 12 12
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The Vendor must provide a system so the Township can input payment information, review violations, input information regarding registered owner, print citations and reports and manage adjudication. Reporting: The System shall be capable of immediately generating operations reports 24 x 7 including: • • • • Number of violations recorded. Count of violations where notices not prepared. Status of notices issued (paid, outstanding, cancelled, reissued and so forth). The contractor shall also supply reports of: - Camera equipment hours of service and hours lost - Number and description of camera or other equipment malfunctions Violation and Traffic Statistics: - Violations by time of day - Violations by date of week
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Privacy: The Township seeks a System that is reliable, accurately and fairly captures red light violations while minimizing the invasion of privacy of drivers and passengers. The Vendor will maintain all images confidential and may not use any image for any purpose other than its intended purpose. Violation Processing System and Existing Township Systems: The System must be capable of importing and exporting data and images with other Township systems as required. Repair and Maintenance: The Vendor shall be responsible for all operations, repair and maintenance of the System. The Vendor shall provide the Township with all warranty and guarantee information regarding the System from the manufacturer. Training Requirements: The Vendor will provide all training in operation and servicing of the System to all necessary Township personnel. The Vendor will provide the training to all personnel in a classroom setting not to exceed fifteen (15) people per class.
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Public Relations and Information: The Vendor will provide, at its own expense, a public information campaign to include the productions of PSA spots for radio and copy for print publications. The public relations campaign will be consistent throughout the contract period. Expert Testimony: The Contractor will provide, at its own expense, witnesses, as may be needed by the Township, to testify as to the accuracy, operations and reliability of the red light camera system and related equipment for contested violations. SECTION 3 SUBMISSION REQUIREMENTS Section 3.1 General Requirements. The Proposal must meet or exceed the professional, administrative and financial qualifications set forth in this Section 3 and shall incorporate the information requested below. A Vendor may submit supplemental information that it feels may be useful in evaluating its Proposal. Vendors are encouraged to be clear, factual, and concise in their presentation of information. Section 3.2 Administrative Information Requirements. The Vendor shall provide the following information: 1. 2. 3. 4. An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of the Proposal. An executed Letter of Qualification (See Appendix A to this RFP). Name, address and telephone number of the firm or firms submitting the Proposal and the name of the key contact person. 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 Proposal. For purposes of this RFP, 'Principals" means persons possessing an ownership interest in the Vendor. If the
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Vendor is a corporation, "Principals" shall include every stockholder having an ownership interest of 10% or more in the business entity. (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 Proposal. Describe the approval process. If the Vendor is a partnership or a joint venture or similar organization (hereinafter “business entity”), provide the names and business address of all partners, members and/or individuals who have an ownership interest of 10% or more in the business entity.
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5. 6. 7. 8.
An executed Letter of Intent (See Appendix B). The number of years your business organization has been in business under the present name. The number of years the business organization has been under the current management. A statement that the Vendor is in compliance with all applicable affirmative action (or similar) requirements with respect to its business activities, together with evidence of such compliance. 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. Confirm appropriate federal and state licenses to perform activities, if any. An executed copy of Vendor’s proposed rates for this contract. (See Appendix C). An executed copy of the checklist of necessary document submission required prior to entering into a contract (See Appendix D).
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Section 3.3 Professional Information Requirements. A. Vendor shall submit a description of its overall experience in providing the type of System sought in the RFP. At a minimum, the following information on past experience should be included as appropriate to the RFP:
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1. 2. 3.
Description and scope of work Name, address and contact information of references Explanation of perceived relevance of the experience to the RFP
B. Describe the services that Vendor would perform directly. C. Describe those portions of the Vendor’s services, if any, that are sub-contracted out. Identify all subcontractors the Vendor anticipates using in connection with this project. D. Does the Vendor normally employ union or non-union employees? E. Resumes of key employees. F. A narrative statement of the Vendor’s understanding of the Township’s needs and goals. G. List all immediate relatives of Principal(s) of Vendor who are Township employees or elected officials of the Township. “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 4.1 Submission of Qualification Statements.
Vendors must submit an original and five (5) copies of their Proposals to the Designated Contact Person no later than 10:00 a.m. on May 27, 2009: Ms. Nennette Perry, Municipal Clerk Township of East Brunswick 1 Jean Walling Civic Drive East Brunswick, NJ 08816 Proposals submitted by facsimile or e-mail will not be accepted. The front page of the envelope shall be clearly marked “PROPOSAL – Automated Photo Enforcement System.” Note: Vendors are advised to determine their responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-20.13 (P.L. 2005, c.271, s.3) if the Vendor receives contracts in excess of $50,000 from public entities in a calendar year. It is the Vendor’s
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responsibility to determine if filing is necessary. Additional information on this requirement may be obtained from the New Jersey Election Law Enforcement Commission. SECTION 5 EVALUATION The Township's objective in soliciting Proposals is to enable it to select a Vendor that will provide a high quality and cost effective APES to the citizens of East Brunswick. The Township will consider Proposals only from Vendors that, in the Township's judgment, have demonstrated the capability and willingness to provide high quality services in the manner described in this RFP. Proposals will be evaluated by the Township on the basis of the most advantageous to the Township with all relevant factors considered. The evaluation will consider, among other things: (a) (b) (c) (d) (e) (f) Experience and reputation in the field; Availability to accommodate any required meetings of the Township; Number of years in business; Availability of repair personnel and replacement parts and equipment; Availability of training and customer service personnel, facilities, equipment and other resources; and Other factors determined to be in the best interests of the Township.
The Township reserves the right to interview applicants prior to the award of contract. The Township reserves the right to reject all or part of the Proposals and to request additional Proposals as the need for services arise. After thorough review and analysis the Township Review Team shall recommend the most qualified Vendor to the governing body for consideration prior to the award of contract. All contract awards shall be made by the Township Council by resolution, without a public reading of all proposals. If there are multiple proposals, the analysis that led to the award will be formally memorialized by resolution and made part record.
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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] Ms. Nennette Perry, Municipal Clerk Township of East Brunswick 1 Jean Walling Civic Drive East Brunswick, NJ 08816 Dear Ms. Perry: The undersigned has reviewed our Proposal submitted in response to the RFP issued by the Township of East Brunswick ("Township"),dated _________________, 2009 in connection with the Township's need for an Automated Photo Enforcement System. We affirm that the contents of our Proposal are accurate, factual and complete to the best of our knowledge and belief, and that the Proposal is submitted in good faith upon express understanding that any false statement may result in our disqualification. (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 or Managing Individual)
_________________________________ (Typed Name and Title) _________________________________ (Type Name of Firm)
Dated: 18
.APPENDIX B LETTER OF INTENT (Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter) [insert date] Ms. Nennette Perry, Municipal Clerk Township of East Brunswick 1 Jean Walling Civic Drive East Brunswick, NJ 08816 Dear Ms. Perry: The undersigned, as Respondent, submits the attached Proposal in response to a Request for Proposals (RFP), issued by the Township of East Brunswick ("Township"), dated _________________, 2008 in connection with the Township's need for an Automated Photo Enforcement System. (Name of Respondent) HEREBY STATES: 1. The Proposal contains accurate, factual and complete information.
2. (Name of Respondent) agrees to participate in good faith in the procurement process as described in the RFP and to adhere to the Township's procurement schedule. 3. (Name of Respondent) acknowledges that all costs incurred by it in connection with the preparation and submission of the RFP, or any negotiation which results therefrom shall be borne exclusively by the Respondent. 4. (Name of Respondent) hereby declares that the only persons participating in this Proposal are named herein and that no person (i.e. subcontractor, subsidiary or like entity) other than those herein mentioned has any participation in this Proposal or in any contract to be entered into with respect thereto. Additional persons may subsequently be included as participating, but only if acceptable to the Township. (Name of Respondent) declares that this Proposal is made without connection with any other person, firm or parties who has submitted a Proposal, 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 Township may modify, amend, suspend and/or terminate the procurement process (in its sole judgment).
6. (Name of Respondent) acknowledges that any contract executed with respect to the provision of the System must comply with all applicable affirmative action and similar laws. Respondent hereby agrees to take such actions as required to comply with such 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 or Managing Individual) (Typed Name and Title) (Type Name of Firm)* Dated: _________________
APPENDIX C
Payment/Terms
Respondent will provide the System required in this RFP based on the following: 1. All services shall be provided at no expense to the Township. 2. Respondent shall be responsible for all out of pocket expenses that shall include, but not limited to: a. b. c. d. e. Telegrams, faxes and long distance (out-of-state) telephone calls; Payment of filing, application fees, review fees and similar charges; Computer expenses including time and proprietary program charges; Outside printing, reproduction, binding, collating and other graphic services; Messenger service, postage and handling of drawing and specifications, reports, contracts and other bulky items.
3. Respondent’s fees will be derived from the penalties and fees paid by motorists in connection with violations and summonses issued at the monitored intersection. 4. Respondent has attached to this page the proposed distribution of fees received from each paid summons.
The undersigned hereby acknowledges these terms. Name of Respondent/Firm: Print Name and Title: Signature: Date: ________________________________ ________________________________ ________________________________ ________________________________
APPENDIX D Documents Required Upon Contract Execution
Checklist for Items that will be required
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Business Entity Disclosure Certification
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Business Registration Certificate (BRC) from the State of New Jersey Department of Treasury, Division of Revenue) Required Insurance Documentation
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Non-Collusion Affidavit
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Mandatory Affirmative Action Language
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Mandatory Language: American Disabilities Act
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Signature: The undersigned hereby acknowledges and will submit the above listed requirements prior to execution of contract. Name of Respondent/Firm: ________________________________ Print Name and Title: _____________________________________ Signature: ______________________________________________ Date: __________________________________________________
P.L. 1975, C. 127, (N.J.S.A. 10:5-31) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause; The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation; The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment; The contractor or subcontractor, where applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to P.L. l975, C. l27, as amended and supplemented from time to time and the Americans with Disabilities Act; The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. l975, C. l27, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. l975, C. l27, as amended and supplemented from time to time; The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices; The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions; The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions; The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purpose of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). In accordance with Public Law l975, Chapter l27, (N.J.S.A. 10:5-31) all successful vendors must submit one of the following forms of evidence: 1. A photo copy of their Federal Letter of Affirmative Action Plan Approval, OR 2 . A photo copy of their Certificate of Employee Information Report, OR 3. A completed Affirmative Action Employee Information Report (formAA302) Affirmative Action evidence must be submitted within 7 days after receipt of the notification of intent to award the contract or receipt of the contract, whichever is sooner. The contractor's bid must be rejected as non-responsive if a contractor fails to submit (l), (2) or (3) above, within the time specified after the authority submits the contract to the contractor for signing.
NON-COLLUSION AFFIDAVIT STATE OF NEW JERSEY COUNTY OF ) ) ss: )
I,______________________________of,_____________________________________in the County of ____________________________and the State of________________ of full age, being duly sworn according to law on my oath depose and say that: I am ______________________________________________________ of the firm of _____________________________________________________ the Vendor making the Proposal for the above-named project, and that I executed the said Proposal with full authority so to do; that said Vendor has not directly or indirectly, entered into any agreements, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above-named project; and that all statements contained in said Proposal and in this affidavit are true and correct, and made with full knowledge that the ________________________________relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by (Respondent): __________________________. _______________________________________________ Signature of Chief Executive Officer or Managing Individual Name and Title: Firm Name:
Subscribed and sworn to ___________________________________ before me this_________day of___________________20___ __________________________________ Notary Public of Commission Expires , 20
NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS The Vendor must include proof of its own business registration and proofs of business registration of those subcontractors required to be listed in the contractor’s submission (i.e., “named subcontractors”), if any. The proof of business registration shall be provided at the time the Proposal is officially received and opened by the township. The Vendor shall provide written notice to its subcontractors, if any, of the responsibility to submit proof of business registration to the contractor. Before final payment on the contract is made by the contracting agency, the Vendor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract, or shall attest that no subcontractors were used. For the term of the contract, the Vendor and each of its affiliates and a subcontractor and each of its affiliates (if applicable) [N.J.S.A. 52:32-44(g)(3)] shall collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into this State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001, c.134 (C.52:32-44 et al.) or subsection e. or f. of section 92 of P.L.1977, c.110 (C.5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency.
________________________________________________ Signature of Chief Executive Officer or Managing Individual Name and Title: Firm Name: Dated:
BUSINESS ENTITY DISCLOSURE CERTIFICATION __________________________________ certify that the list below contains the names and business of all members, stockholders and/or partners holding a 10% or more ownership interest in the business entity of the undersigned. __________________________________ certify that no one member, stockholder and/or partner owns 10% or more of ownership interest in the business entity of the undersigned. Check the name that represents the type of business entity: __ Partnership __ Limited Liability Partnership __ Corporation __ Sole Proprietorship
__ Limited Liability Company __ Subchapter S Corporation Please provide names and business address of all members, stockholders, an/or partners holding a 10% or more ownership interest in the business entity of the undersigned: 1. Name: Business Address: Name: Business Address: Name: Business Address: Name: Business Address:
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(Use additional sheet if more names must be provided) Signature and Attestation: The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I and/or business entity, will be liable for any penalty permitted under law. ________________________________________________ Signature of Chief Executive Officer or Managing Individual Name and Title: Firm Name: Subscribed and sworn to before me this_________day of___________________20___ __________________________________ Notary Public of Commission Expires , 20
AMERICANS WITH DISABILITIES ACT OF 1990 EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITY The CONTRACTOR and the TOWNSHIP OF EAST BRUNSWICK (herein referred to as the TOWNSHIP) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the TOWNSHIP pursuant to this contract, the CONTRACTOR agrees that the performance shall be in strict compliance with the Act. In the event the CONTRACTOR, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the CONTRACTOR shall defend the TOWNSHIP in any action or administrative proceeding commenced pursuant to this Act. The CONTRACTOR shall indemnify, protect, and save harmless the TOWNSHIP, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The CONTRACTOR shall, at its own expense, appear, defend, and pay any and, all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the TOWNSHIP'S grievance procedure, the CONTRACTOR agrees to abide by any decision of the TOWNSHIP, which is rendered pursuant to, said grievance procedure. If any action or administrative proceeding results in an award of damages against the TOWNSHIP or if the TOWNSHIP incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense. The TOWNSHIP shall, as soon as practicable after a claim has been made against it, give written notice thereof to the CONTRACTOR along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the TOWNSHIP or any of its agents, servants, and employees, the TOWNSHIP shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons, pleading, or other process received by the TOWNSHIP or its representatives. It is expressly agreed and understood that any approval by the TOWNSHIP of the services provided by the CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the TOWNSHIP pursuant to this paragraph.
It is further agreed and understood that the TOWNSHIP assumes no obligation to indemnify or save harmless the CONTRACTOR, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the CONTRACTOR expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the CONTRACTOR'S obligations assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR from any liability, nor preclude the TOWNSHIP from taking any other actions available to it under any other provisions of this Agreement or otherwise at law.
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