2-R-107 Complete RFP Package.pdf

BERGEN COMMUNITY COLLEGE

400 PARAMUS ROAD

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

INDEPENDENT AUDITING SERVICES

RFP# R-107

Request for Proposals

Independent Auditing Services

Issued by: BERGEN COMMUNITY COLLEGE

PARAMUS, NEW JERSEY 07652

Submissions due: Wednesday, April 15, 2026, by 11:00 AM Local Time

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

PUBLIC NOTICE

Request for Proposals

Notice is hereby given that Bergen Community College (the “College”) is requesting Proposals for

Independent Auditing Services (RFP No. R-107). Which will be received from prospective firms until 11:00 a.m.

local time, Wednesday, April 15, 2026, via the online platform, Euna-Bonfire with the Office of the Director of Purchasing and Services, Bergen Community College. At which time, they will be publicly open and read aloud via Webex. Proposals must be submitted on the Euna-Bonfire website under Bergen Community College and the appropriate opportunity. Proposers must register on https://bergenbids.com and establish an account with the electronic platform prior to submitting a proposal.

A complete set of Proposal Documents may be obtained through the College’s website at http://www.bergen.edu/community/purchasing/current-vendor-opportunities or directly through https://bergenbids.com which is the Euna-Bonfire website.

All risks of non-delivery of Proposals, which are to be received on the Euna-Bonfire website under Bergen Community College as required by these Proposal Documents, shall be the sole responsibility of the firm.

A Webex link will be provided to registered firms prior to the opening date.

Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition.

All responsible firms are encouraged to submit Proposals.

The Board of Trustees of Bergen Community College reserves the right, subject to applicable law, to accept or reject any or all Proposals submitted in the best interest of the College, and to waive any informalities in any Proposal, in the best interest of the College. Proposers are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27. No proposer may withdraw its Proposal within sixty (60) days after Proposals are received and opened by the College.

If a contract is awarded, such award will be made, as the law requires, through a formal Resolution of the Board of Trustees. Proposals are solicited through a Fair & Open process in accordance with N.J.S.A. 19:44A –

20.4 et seq.

For Bergen Community College S. Weise, Director Purchasing & Services

Dated: March 25, 2026 https://bergenbids.com/ http://www.bergen.edu/community/purchasing/current-vendor-opportunities

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

INDEX

Section Page

1. General Information………………………………………………………………….…….…4-9

2. Submission Requirements………………………………………………………………...10-35

3. Scope of Services and Proposal Requirements……………..………………………….36-40

4. Award Criteria………………………………………………………………………………..….41

5. Attachments…………………………………………………………………………………..…42

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

SECTION ONE

GENERAL INFORMATION

1.1 SCOPE OF WORK

Bergen Community College (the “College”) is soliciting Proposals for Independent Auditing

Services, in accordance with the terms, specifications, conditions and provisions of this Request for

Proposals (RFP No. R-107). Proposers are referred to Section 3 hereof, Scope of Services and, Proposal requirements for a more complete description of the work to be performed.

1.2 ANTICIPATED SCHEDULE OF EVENTS

A. Deadline to submit questions related to the Request for Proposals: 12:00 noon on Friday, April 3, 2026.

B. Proposal deadline: Wednesday April 15, 2026, by 11:00 am.

C. Board of Trustees Meeting and anticipated award date: May 5, 2026.

D. Anticipated contract commencement: Late May.

1.3 PROPOSAL SUBMISSION; DEADLINE

Electronic Proposals for RFP# R-107 Independent Auditing Services will be received up until

11:00 a.m. local time Wednesday, April 15, 2026, via the online bidding platform, Euna-Bonfire, with the Office of the Director of Purchasing and Services, Bergen Community College (the “College”). At which time the proposals will be publicly opened via Webex and read aloud. Proposals must be submitted on the Euna-Bonfire website under Bergen Community College and the appropriate opportunity. Firms must register on https://bergenbids.com and establish an account with the electronic bidding platform prior to submitting a proposal. All risk of non-delivery of Proposals, which are to be received on the Euna-Bonfire website under Bergen Community College as required by these Proposal Documents, shall be the sole responsibility of the Proposer. A Webex link will be provided to registered firms prior to the bid opening date.

1.4 QUESTIONS

All questions regarding this Request for Proposals (RFP No. R-107) should be sent through

Euna-Bonfire (Bergen Bids) under Bergen Community College and the appropriate opportunity.

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

Stephanie Weise, Director of Purchasing and Services

Bergen Community College

400 Paramus Road

Paramus, New Jersey 07652

Please reference this Independent Auditing Services in the subject heading when submitting questions. The deadline to submit questions to the above is Friday, April 3, 2026, at 12:00 noon local time. After receiving questions from firms, the College will compile, respond to, and distribute all questions and their respective responses to all firms who have requested a copy of this RFP# R-107

Independent Auditing Services to incorporate into their Proposal.

1.5 DISPUTES AS TO THE AWARD OR NON-AWARD OF PROPOSALS

Proposer acknowledges that this RFP No. R-107 and the award of a contract hereunder, if any, are governed by the County College Contracts Law, N.J.S.A. 18A:64A-25.1, et.seq., and that any legal challenges to this RFP No. R-107 solicitation process, the award or non-award of a contract, or the rejection of any Proposal, must be pursued before the Board of Trustees in accordance with P.L.

1994 C. 48, Sec. 6(f) (N.J.S.A. 18A:3B-6(f)). The challenge or objection must be presented by filing a

Petition with the Secretary of the Board of Trustees within ten (10) calendar days of the decision to award or not award a contract. Proceedings on the Petition shall be governed by the Rules governing hearings before the Board of Trustees of Bergen Community College, which Rules may be obtained at the Office of the College President.

1.6 EXEMPT FROM BIDDING; FAIR AND OPEN PROCESS

Proposers are hereby notified that, pursuant to N.J.S.A. 18A:64A-25.5 (a) (1), RFP No. R-107 may be awarded without public advertising for bids or bidding therefor. The College, however, has chosen to issue this RFP R-107 in the interest of obtaining the most advantageous contract for the

College, price and other factors considered, and pursuant to a fair and open process in accordance with N.J.S.A. 19:44A-20.4. Proposers acknowledge that this RFP process is undertaken for the convenience of the College and the benefit of the public and is not intended to render the award of this contract subject to any requirements beyond those referenced in this RFP No. R-107.

1.7 PAY TO PLAY

Pursuant to N.J.S.A. 19:44A-20.27, contractors doing business with public entities must file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement

Commission (ELEC) if they receive contracts in excess of $50,000 per year from public entities.

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REQUEST FOR PROPOSAL

Proposers are responsible for determining whether a filing with ELEC is necessary. Additional information on this matter may be obtained from ELEC at 888-313-3532 or at www.elec.state.nj.us.

1.8 COST OF PROPOSAL PREPARATION

Each Proposal and all information required to be submitted pursuant to this RFP No. R-107 shall be prepared at the sole cost and expense of the Proposer. Each Proposer agrees that by submitting a Proposal it is waiving any claims for reimbursement for the payment of costs or expenses incurred in the preparation of the Proposal or other information required by the RFP.

1.9 MISTAKES AND PROPOSAL ALTERATIONS; PROPOSER’S

REPRESENTATIONS

No claim for relief on account of mistakes or omissions in the Proposal shall be considered. By providing a Proposal, the Proposer waives its rights, if any, to claim mistakes or omissions for any reason whatsoever. Erasures or other changes in the Proposal shall be initialed by the Proposer. The

Proposer, by making a Proposal, represents that:

a) The Proposer has read and understands the RFP, and the Proposal is made in accordance therewith.

b) The Proposal is based upon the materials, equipment and/or services required by the RFP without exception.

d) The Proposer has examined the site and local conditions, and shall at once report to the College’s representative, any errors, inconsistencies or ambiguities discovered.

1.10 DISCLOSURE OF INFORMATION

All Proposals received by the College are deemed government records subject to public disclosure pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. However, if the

Proposer chooses to include material of a proprietary nature in the Proposal, the College will attempt to keep such information confidential to the extent permitted by Applicable Law. The Proposer must specifically identify the section of its Proposal that contains such information by properly marking the applicable pages. Preferably, any sections that contain material of a proprietary nature shall be severable or removable from the Proposal to assist the College in protecting this information. Proposals also shall include the following notice in the introduction of the relevant

Proposal:

http://www.elec.state.nj.us/

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REQUEST FOR PROPOSAL

“The data on pages ___ identified by ___ (symbol) and labeled “Proprietary Information,” contain information that is a trade secret and/or which, if disclosed, would cause substantial injury to (Proposer’s) competitive position. (Proposer) requests that such data be used only for the evaluation of the Proposal, and understands that disclosure will be limited only to the extent that the College determines it proper or to the extent that the College deems disclosure necessary according to law. If a contract is awarded to (Proposer), the College will have the right to use or disclose the data as provided in the applicable agreement executed with the Proposer.”

The College will use its best efforts to prevent the unauthorized disclosure of this information in applying the proprietary standard to marked data. However, the College will assume no liability for any loss, damage, or injury that may result from any disclosure or use of marked data or any disclosure of this or other information during the review of the Proposals.

Notwithstanding the above, Proposal Forms (including cost information) will not, under any circumstances, be considered proprietary or confidential information.

1.11 PROPOSAL ACCEPTANCE/REJECTION

The College reserves the right to accept any Proposal that it deems to best serve the

College’s interest, consistent with applicable law, price and other factors considered. In addition, the

College reserves the right to (a) abandon this procurement process, (b) reject any or all Proposals,

(c) waive any informality in the Proposals, and (d) accept the Proposal that, in its judgment, best serves the interest of the College, all in accordance with and pursuant to the County College Contracts

Law and all other applicable law. ANY PROPOSER THAT SUBMITS A PROPOSAL AND TAKES

ANY EXCEPTIONS OR MAKES ANY ADDITIONS TO ANY TERM OR CONDITION OF THE RFP

OR THE AGREEMENT SET FORTH HEREIN MAY BE REJECTED BY THE COLLEGE AS NON-

RESPONSIVE. Additionally, the College reserves the right to decline to award the subject contract for any lawful purpose.

1.12 RESERVATION OF RIGHTS

In addition to the rights reserved to it in Paragraph 1.11, above, and elsewhere throughout the RFP, the College reserves, holds, and may exercise, at its sole discretion, the following rights and options with regard to this RFP No. R-107 and the procurement process in accordance with applicable law:

• To supplement, amend, or otherwise modify the RFP through issuance of addenda to all prospective Proposers who have received a copy of the RFP.

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REQUEST FOR PROPOSAL

• To change or alter the schedule of any events called for in the RFP upon the issuance of notice to all prospective Proposers who have received a copy of the RFP.

• To conduct investigations of any or all of the Proposers and their Proposals as the

College deems necessary or convenient, to clarify the information provided as part of the Proposal, and to request additional information to support the information included in any Proposal.

1.13 ADDENDA AND INTERPRETATION

Should the Proposer find discrepancies or omissions in the RFP, Proposer shall at once notify the College, which will send written instructions to all Proposers. Reports of discrepancies or omissions, or requests for interpretation of the RFP shall be addressed as set forth in Paragraph 1.4, above. All such interpretations and supplemental instructions will be issued by the College in the form of written addenda to the RFP, and shall become a part of the contract documents. Failure to consider any such addenda shall not relieve any Proposer from any obligation under its Proposal as submitted.

In the event of a dispute as to the meaning of such addenda or this RFP No. R-107, the interpretation of the College shall be final and binding.

1.14 CONTRACT EXECUTION

The Selected Proposer shall be required to execute a contract in the form provided in Section

Two (Form 00500), and made part of this RFP, within ten (10) calendar days from the date a contract is awarded by the Board of Trustees unless time is extended at the sole discretion of the College. The

Selected Proposer must submit a corporate resolution or other evidence that the signatory to such contract is duly authorized to execute same. The Selected Proposer shall simultaneously deliver to the College executed performance and maintenance bonds, if and as required in the RFP, and all certificates of insurance required by the RFP.

In the event the Selected Proposer fails or refuses to deliver (i) the executed contract, (ii) the bonds or (iii) the certificates of insurance, as and if required by the RFP, within such ten 10 day period, unless time is extended at the sole discretion of the College, the College shall have the right to rescind the award and cause Selected Proposer’s bid security, if any, to be forfeited to the College as liquidated damages for such failure or refusal.

1.15 AUTHORITY TO AUDIT; RECORD RETENTION

Pursuant to N.J.S.A. 52:15C-14(d) and N.J.A.C 17:44-2.2, relevant records of private vendors or other persons entering into contracts with public entities, including the College, are subject to audit or review by the New Jersey Office of the State Comptroller (OSC).

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

The Selected Proposer shall maintain all documentation related to products, transactions or services under contract for a period of five years from the date of final payment. Such records shall be made available to the OSC.

1.16 TAXES

Bergen Community College is established under authority of the State of New Jersey and is entitled to exemption from State, federal and local taxes.

1.17 AWARD CRITERIA

The highest ranked proposer may be required to attend an interview with College representatives before final selection. All Proposals submitted must be in accordance with the requirements of this

RFP prepared by Bergen Community College. Proposals will be evaluated on the basis of the criteria set forth in Section 4, on page 41.

1.19 INSURANCE

The selected Proposer shall furnish proof of insurance coverage in effect prior to commencement of services.

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REQUEST FOR PROPOSAL

SECTION TWO

Submission Requirements

PROPOSAL CHECKLIST

COMPANY NAME: __________________________________________________________

The following information will be considered as part of the Proposal and must be submitted with the Proposal. Proposers must initial next to each item indicating that it has been submitted with the Proposal.

Proposers are required to submit one (1) original and one (1) copy, together with a copy on flash drive of their Proposal.

FORM

DESCRIPTION

Proposer’s Initials

00410 Non-Collusion Affidavit

00400 Ownership Disclosure Requirement

00810A Mandatory Equal Employment Opportunity Language Exhibit A

00810C Equal Employment Opportunities Response Sheet

00820 Americans with Disabilities Act Response Sheet

00870 New Jersey Business Registration Certificate

00830 Acknowledgement of Receipt of Addenda

00880 Suspension and Debarment Certification

00890 Disclosure of Investment Activities in Iran

00900 Proposal Form

I hereby certify that the below-named individual is certified to submit this proposal.

Name of Authorized Officer

Title

Signature

Email

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

COMPANY’S NAME: __________________________________

FORM 00410

NON-COLLUSION AFFIDAVIT

STATE OF

COUNTY OF

SS:

I, ______________________________, being first duly sworn, depose and say that:

I am ___________________________ (PARTNER OF THE FIRM) (CORPORATE

OFFICER) of________________________________________________________ , (Name of Firm Bidding) the Proposer making the foregoing Proposal, that said Proposer has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above-named project; and that all statements contained in the aforesaid Proposal and this affidavit are true and correct, and made with full knowledge that Bergen

Community College relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for said project.

I have not communicated or agreed with any person to fix the proposal price of affiant or any other Proposer, or to fix any overhead cost or cost element of such Proposal price, or that of any other

Proposer, or to secure any advantage against Bergen Community College, or any person interested in the proposed contract; and that further, such Proposer has not, directly or indirectly, submitted its bid, or contents thereof, or divulged information or data relative thereto, to any third party.

No person interested in this proposal is directly or indirectly interested or connected with any other Proposer for said work, and no Trustee or employee of Bergen Community College is directly or indirectly interested therein or in any other portion thereof.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon any agreement or understanding of a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by ______________________________.

[CONTINUED ON NEXT PAGE]

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

COMPANY’S NAME:

FORM 00410

NON-COLLUSION AFFIDAVIT (Continued)

SIGNATURE OF BIDER, IF INDIVIDUAL __________________________________________

SIGNATURE OF BIDDER, IF PARTNERSHIP______________________________________

SIGNATURE OF BIDDER, IF CORPORATION_____________________________________

Print name of Affiant: __________________________________

SWORN AND SUBSCRIBED TO BEFORE ME

AT

THIS _____DAY OF ________________, 2026

NOTARY PUBLIC OF _________________

MY COMMISSIONEXPIRES:

THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

FORM 00400

OWNERSHIP DISCLOSURE CERTIFICATION (Continued)

Part I Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, sign and notarize at the end)

Non-Profit Corporation (skip Parts II and III, sign and notarize at the end)

Partnership

Limited Partnership

Limited Liability Partnership

Limited Liability Company

For-profit Corporation (including Subchapters C and S or Professional Corporation)

Other (be specific): ___________________________________________________

Part II

I certify that the list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be.

OR

I certify that no one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or that no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be.

Sign and notarize the form below, and, if necessary, complete the list below.

(Please attach additional sheets if more space is needed):

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

Name: ______________________________ Name: ______________________________ Address: _____________________________Address: ____________________________ Name: ______________________________ Name: ______________________________ Address: _______________________ Address: _____________________________ Name: ______________________________ Name: ______________________________ Address: _______________________ Address: _____________________________ Name: ______________________________ Name: ______________________________ Address: _______________________ Address: _____________________________ Name: ______________________________ Name: ______________________________ Address: _______________________ Address: _____________________________ Name: ______________________________ Name: ______________________________ Address: ____________________________ Address: ____________________________

Part III - Any Direct or Indirect Parent Entity Which is Publicly Traded:

“To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.”

Pages attached with name and address of each publicly traded entity as well as the name and address of each person that holds a 10 percent or greater beneficial interest.

Submit here the links to the Websites (URLs) containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent.

AND

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

COMPANY’S NAME:__________________________________

Submit here the relevant page numbers of the filings containing the information on each person holding a 10 percent or greater beneficial interest.

Proposer must sign below and Proposer’s signature must be notarized:

_______________________________________________________Name of Bidder

Signature of individual authorized to sign on behalf of Proposer Title

Subscribed and sworn before me this _____ day of

___________________________, 2026.

A Notary Public of the State of ___________

My Commission expires:

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REQUEST FOR PROPOSAL

POST AWARD SUBMITTAL

For information purposes only

FORM 00500

CONTRACT FOR COLLECTION AGENCY SERVICES

BY AND BETWEEN

AND

THIS CONTRACT, dated as of ___________________ 2026, by and between BERGEN

COMMUNITY COLLEGE with its principal offices located at 400 Paramus Road, Paramus, New

Jersey 07652 (hereinafter referred to as the “College”) and ____________ , with offices located at

_____________ (hereinafter referred to as “ __________”):

W I T N E S S E T H:

WHEREAS, there exists a need for the College to retain a company to provide independent auditing services at the College; and

WHEREAS, N.J.S.A. 18A:64A-25.5(a) (1) empowers the College to award a contract without public bidding for independent auditing services as the College may determine to be necessary for its efficient operation; and

WHEREAS, pursuant to the issuance of a Request for Proposals, the College solicited proposals from qualified companies to perform such independent auditing services and received ___________ proposals in response; and

WHEREAS, the Request for Proposals by the College and the Proposal submitted by

_________ are incorporated into this Contract as though set forth at length herein; and

WHEREAS, the College is desirous of engaging __________to perform independent auditing services for the purposes hereinafter described in Paragraph 1 - Scope of Services; and

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REQUEST FOR PROPOSAL

WHEREAS, ___________has agreed to provide independent auditing services as set forth in the aforesaid Scope of Services; and

WHEREAS, _____________is qualified and experienced in the area of independent auditing and services;

WHEREAS, the services to be performed by______ are recognized as professional services and constitute an exception to public bidding and this contract is awarded without competitive bidding pursuant to and in accordance with the County College Contracts Law, N.J.S.A. 18A:64A-

25.1 et seq.; and, WHEREAS, the College desires to enter into a contract memorializing the scope of services to be performed by ___________ and the compensation to be paid therefor; and

WHEREAS, the College has deemed it necessary for its efficient operation to retain ____________________to provide independent auditing services for purposes of conducting its day-to-day business operations; and

WHEREAS, the Executive Director of Finance for the College has certified that funds are or will be available for this purpose;

NOW THEREFORE, the parties hereto, each intending to be legally bound herein, do mutually agree as follows:

1. SCOPE OF SERVICES:

a) _____________hereby agrees to perform, (unless otherwise directed by the

College) independent auditing services and related activities. Such services shall include, but not be limited to, those services described in the Request for Proposals and its Proposal in response to the

Request for Proposals which documents are incorporated herein as though set forth at length.

2 . P E R S O N N E L :

________ represents that it has or will secure at its own expense, all personnel required in performing the services under this Contract.

Personnel shall not be employees of or have any other contractual relationship with the College.

All of the services required hereunder will be performed by _________________ and all personnel engaged in the work shall be fully qualified.

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REQUEST FOR PROPOSAL

None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the College.

3. TIME OF PERFORMANCE: It is understood and agreed by and between the parties hereto, that this Contract shall be for a period commencing on ______ and continuing for a period of two years, with the option to extend the contract for an additional one-year period, at the sole discretion of the College.

4. COMPENSATION

a) _____ Except with respect to matters that are performed on a subcontract basis, as provided herein, the College agrees to pay _______ for independent auditing services provided on the basis of its Proposal.

b) To the extent that any services are performed by any personnel other than as set forth above, such personnel shall not require separate compensation from the College and shall be the full responsibility of ___________.

c) ____________________________ covenants and agrees to make available, upon request by the

College, their books and records for inspection by appropriate officials covering the charges, fees and costs under this Contract.

5. SERVICE CONFORMANCE/APPROVAL: All services rendered by __________ shall strictly conform to all laws, statutes and ordinances and the applicable rules and regulations, methods and procedures of all governmental boards, bureaus, offices and commissions and other agencies, in effect when the services are rendered and the documents are prepared. All of the services required by__________ shall be performed to the satisfaction of, and with the approval of, the

College, which approval shall not be unreasonably withheld.

6. DOCUMENT OWNERSHIP: All plans and other documents pertaining to the work required hereunder and prepared by_____________ in the performance of this Contract shall be the absolute property of the College; subject however, to the College making payment for the provision of such services.

7. INSURANCE: During the term of this Contract, ___________ shall keep in force, at its own expense, at least the following insurance coverage and shall furnish industry standard

Certificate (s) of Liability Insurance to the College, naming the College as additional insured.

A. Commercial General Liability

B. Business Auto Insurance

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REQUEST FOR PROPOSAL

C. Workers Compensation

D. Umbrella Liability

E. Professional Liability Insurance

The limits of such insurance shall be as follows:

Commercial General Liability

Limits to be not less than $1,000,000 Per Occurrence /$ 2,000,000 General Aggregate limit. Standard

Broad Form Hold-Harmless Agreement to be included in all contracts. College to be included as an additional insured with such insurance to be primary. If a Professional Services Exclusion is attached to this policy, Agency must carry and provide evidence of separate Professional Services Insurance which includes Professional Services Coverage excluded from CGL by Endorsement.

Business Auto

Limits to be not less than $1,000,000. Combined Single Limit. Policy to cover “Any Auto” of Agency.

Worker’s Compensation Coverage A to be Statutory Employer’s Liability to be not less than $500,000.

each claim and annual aggregate.

Umbrella Liability

Limits to be not less than $1,000,000. each occurrence and annual aggregate in excess of primary limits shown above. Coverage to be no more restrictive than Primary.

Professional Liability

Limit of not less than $1,000.000.00 Per Claim and $2,000,000.00 general aggregate.

8. TERMINATION: The College reserves the right to terminate this Contract without cause, at its sole discretion, by giving at least ten (10) days prior written notice to _________ of such termination and specifying the effective date therefore. Upon termination of the Contract, ____________ shall be paid in full for all services rendered to the college as of the date of termination.

a) Upon payment for all services rendered to the College as of the date of termination, all reports prepared by ______________ under this Contract, shall be delivered to the

College in accordance with Paragraph 6 hereof.

b) Payment shall be made in accordance with the provisions of Paragraph 4 hereof.

9. ASSIGNMENT: ___________ shall not assign, sublet or transfer its interest in this

Agreement, or any services under this Agreement, without prior written consent of the College.

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10. ERRORS AND/OR OMISSIONS: The College reserves the right to deny payment of the part of any fee that is based on an increase in costs in the preparation of documents or services resulting from an error or omission of .

11. INDEMNIFICATION: ___________ shall indemnify, defend or hold harmless the

College, its Trustees, members, officers, directors and employees from and against any and all losses, claims, actions, damages, liability and expenses, including, but not limited to, those in connection with loss of life, bodily and personal injury or damage to property, to the extent they are occasioned, in whole or in part, by ___________ ’s negligent act or omission, or intentional act or omission, or the negligent act or omission, or intentional act or omission of ___________ ’s agent’s sub-consultants, employees or servants, pursuant to this Contract. The College shall indemnify and hold _________ and its partners, directors, officers and employees harmless from any liability imposed against

_____________by reason of the negligent acts or omissions, of the College or its employees.

12. LITIGATION: In the event the College becomes involved in any litigation with third parties concerning or relating in any way to _____________'s services, whether such litigation occurs during or after the term of the Contract, _______________ agrees, at no additional fees other than the hourly rates called for under this Contract, to make its members and employees available to the

College, to consult, assist and cooperate in any such litigation to the extent such consultation, assistance and cooperation may be required by the College.

13. AFFIRMATIVE ACTION PLAN: During the performance of this Contract, ______________agrees as follows:

a) _____________________________ , where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex. Except with respect to affectional or sexual orientation, _________ will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to the age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. _____________ 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 non-discrimination clause;

b) ____________________, where applicable, will in all solicitations or advertisements for employees placed by or on behalf of ______________, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex;

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REQUEST FOR PROPOSAL

c) ____________, 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 ____________ ’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment;

d) ____________, where applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time;

e) ____________ agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed in N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time;

f) ____________ 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, affectional or sexual orientation or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices;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;

g) ____________ 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 or sex, 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; and

h) ____________ and its sub-consultants 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 purposes of these regulations, and public agencies shall furnish such information as may be requested by the

Affirmative Action Office for conducting a compliance investigation.

14. FIRM HISTORY:

______________ represents that no corporation, partnership, individual or association, officer, director, employee, manager, parent, subsidiary, affiliate or principal shareholder of said firm, has

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

been adjudicated in violation of any state or federal anti-trust or other similar statute within the preceding five years, or previously adjudged in contempt of any court order enforcing any such law, or has an operating history which shows a recurring pattern of flagrant and consistent violation of prohibited or illegal acts.

15. REPRESENTATIONS AND WARRANTIES:

a) The College represents and warrants that this Contract has been duly authorized by its board membership, and when executed by the President or Executive Director of Finance of the College shall be valid and binding upon the College and shall be in full force and effect.

b) represents and warrants that this Contract has been duly authorized by its ownership, and when executed by its President or other authorized officer shall be valid and binding upon ____________ and shall be in full force and effect.

16. MISCELLANEOUS:

a) The College or _______________ _______________ shall not be responsible or liable for any delays in or failure of performance in the event of fire, flood, explosion, the elements or other catastrophe, acts of God, war, riot, civil disturbances, prolonged power failure or extensive vandalism.

b) This agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements or representations of the parties to this Agreement, and may not be modified, amended or varied except by a document in writing, signed by the parties hereto.

17. GOVERNING LAW: This Contract shall be governed by the laws of the State of

New Jersey. In the event of a dispute between the College and ____________ , the parties agree to submit said dispute to the Superior Court of New Jersey, Bergen County, and that the laws of the

State of New Jersey will govern any dispute.

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REQUEST FOR PROPOSAL

IN WITNESS WHEREOF, the College and have caused these presents to be duly executed, as of the day and year first above written.

ATTEST: BERGEN COMMUNITY COLLEGE

By: _______________________________ By: ______________________________

Wilton Thomas-Hooke

Chief Financial Officer

ATTEST:

By: ________________________________ By: ________________________________

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

COMPANY’S NAME: __________________________________________

FORM 00810A

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)

N.J.A.C. 17:27 Executive Order No. 13672 (2014)

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

COMPANY’S NAME: ___________________________________________

FORM 00810A

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE (Continued) and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval; Certificate of Employee Information Report;

Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance), The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance or the Federal Department of Labor as may be requested by such office from time to time in order to carry out the purposes of the state or federal regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contract Equal Employment Opportunity Compliance and/or such other federal agency for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C.

17:27 and any such federal regulations enacted pursuant to Executive Order No. 13672.

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REQUEST FOR PROPOSAL

COMPANY’S NAME: ____________________________________________

Submitted by:

Name of Company _____________________________________

Signature______________________________________________

Title __________________________________________________

Date _____________________________________________

THIS FORM IS TO BE SIGNED AND RETURNED WITH YOUR PROPOSAL

PARAMUS, NEW JERSEY 07652

REQUEST FOR PROPOSAL

COMPANY’S NAME: _______________________________

FORM 00810C

EQUAL EMPLOYMENT OPPORTUNITIES RESPONSE SHEET

GOODS, PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS

IF AWARDED A CONTRACT YOUR COMPANY/FIRM WILL BE REQUIRED TO COMPLY WITH

THE REQUIREMENTS OF N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27, EXECUTIVE ORDER NO.

13672 (2014)

The successful firm(s) shall submit to Bergen Community College, after notification of award, but prior to execution of this contract one of the following three documents as forms of evidence:

1. A photocopy of a valid letter that the firm is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); or

2. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4 or

3. If the Contractor has neither of the above, Bergen Community College will provide the Contractor that will be awarded the contract, with an A.A.302 Employee Information Report Form which is to be completed and submitted to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts, Department of Treasury of the State of New Jersey, with a copy to the College. Upon submission and review by the Department of Treasury, this report shall constitute evidence of compliance with the regulations.

The undersigned understands that the College must reject their bid as non-responsive if said firm(s) fail to comply with the requirements of N.J.S.A. 10:5-31, N.J.A.C. 17:27 and Federal Executive Order 13672.

Company Name:

Signature:

Title:

Date: ____________________________________

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REQUEST FOR PROPOSAL

COMPANY’S NAME: ___________________________________________________

FORM 00820

AMERICANS WITH DISABILITIES ACT

Company acknowledges and understands that the following shall be part of the contract:

Company and Bergen Community College (hereafter “Owner”) do hereby agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the “Act”) (42 U.S.C.S12.101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the Owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the Owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the Owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the Owner’s grievance procedure, the contractor agrees to abide by any decision of the Owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Owner, or if the Owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.

The Owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the Owner or any of its agents, servants, and employees, the Owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice,…