7-Terms and Conditions - RFQ.docx

General Terms and Conditions Please review the general terms and conditions which apply to all procurements issued on this system. Failure to agree to the terms may be cause for rejection of your submission.

1.1.1 I have read through and agree to the general conditions as stipulated below;

1.1.2

AWARD OF BID

1.1.3

NON-DISCRIMINATION

A. There shall be no discrimination against any employee engaged in the work required to produce the commodities covered by any contract resulting from this bid, or against any applicant to such employment because of race, religion, sex, national origin, creed, color, ancestry, age, marital status, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the Unites States, or nationality. This provision shall include, but not be limited to the following: employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this bid.

1.1.4

MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE

1.1.5

NEW JERSEY RIGHT TO KNOW (NJRTK)

A. All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s). (N.J.A.C. 8:59-5.1 et seq.) or adhere to the requirements of The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the US Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) as outlined in the Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations as adopted in final rule by DEPARTMENT OF LABOR, Occupational Safety and Health Administration, 29 CFR Parts 1910, 1915, and 1926, {Docket No. OSHA-H022K-2006-0062, (formerly Docket No. H022K)}, RIN 1218-AC20, Hazard Communication.

1.1.6

ACQUISITION, MERGE, SALE AND/OR TRANSFER OF BUSINESS, ETC

A. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) of the contractor will be required to submit, when required, a performance bond in the amount of the open balance of the contract.

1.1.7

PAYMENT

A. Payment will be made after a properly executed voucher has been received and formally approved on the voucher list by the local unit governing body at its subsequent regular meeting. The voucher will be certified correct by the department/division head who received the goods or services. Payment shall be made pursuant to N.J.S.A 2A:30A-1.

1.1.8

TERMINATION

1.1.9

INDEMNIFICATION

A. The Contractor agrees to indemnify, defend and save harmless the local unit, its officers, agents and employees, hereinafter referred to as indemnities, from all suits, including attorneys' fees and costs of litigation, actions, loss, damage, expense, cost of claims, of any character or on account of any act, claim or amount arising or recovered under Workers Compensation law, or arising out of failure of the Contractor or those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or damage of any nature whatsoever.

1.1.10

ADDITIONS / DELETIONS OF SERVICE

A. The local unit reserves the right to add and/or delete services to this contract. Should a service requirement be deleted, payment to the Contractor will be reduced proportionally to the amount of service deleted in accordance with the bid price. Should additional services be required, payment to the Contractor will be increased proportionally to the amount of service added in accordance with the bid price subject to adequate and properly authorized appropriation of funds.

1.1.11 Vendor’s literature and/or pricing sheets will not be accepted in lieu of completing the proposal blank(s) set forth in these specifications, unless otherwise stated.

1.1.12

SPECIFICATIONS

A. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.

1.1.13

OWNERSHIP OF MATERIAL

1.1.14 AMENDMENTS TO N.J.S.A. 2C:21-33 et. seq. “TRUTH IN CONTRACTING” A. New provisions of law govern false claims and representations. It is a serious crime for a vendor to knowingly submit a false claim and/or knowingly make material misrepresentations. There are enhanced penalties for areas of false claims, bid rigging and bribery, gratuities and gifts, and conflicts of interest. Please consult the statutes for further information.

1.1.15 “PAY TO PLAY” NOTICE OF DISCLOSURE REQUIREMENT – PL 2005, Chapter 271, Section 3 Reporting (NJSA 19:44A – 20.27)

1.1.16

NON-ALLOCATION OF FUNDING TERMINATION

A. Each fiscal year’s payment obligation of the Owner is conditioned upon the availability of Owner funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the Owner at the end of any particular fiscal year may terminate said contract. The Owner will notify the Contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement or any service thereunder, during the term, merely in order to acquire identical services from a third party contractor.

1.1.17

NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS

A. Public funds may be used to pay only for goods delivered or services rendered. The Local Unit will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Local Unit to pay additional fees, penalties, or interests.

1.1.18

FIRM FIXED CONTRACT

A. This is a firm fixed contract, prices firm, FOB local unit's locations. No price escalation is authorized under this contact without written confirmation by the contracting agent. The vendor shall, at the local unit’s request, void the contract and permit the Local Unit to solicit open market pricing should the imposition of any price increase or surcharge become necessary by the vendor.

1.1.19 HIPAA (If Applicable)

1.1.20

PUBLIC EMERGENCY

A. In the event of a Public Emergency declared at the Local, State or Federal Level, if the local unit opts to extend terms and conditions of this bid, the contractor agrees to extend the terms and conditions of this bid, whether existing, expiring or expired no longer than six months, for the goods and/or services described under this bid for the duration of the emergency. In the event the original contractor cannot meet this requirement, the local unit may solicit the goods and/or services from any other bidder to this Bid.

1.1.21

N.J.A.C. 17:44-2.2 AUTHORITY TO AUDIT OR REVIEW CONTRACT RECORDS

1.1.22 New Jersey Sales Tax

1.1.23 P.L. 2018, c.9 (S104): Diane B. Allen Equal Pay Act, effective July 1, 2018, modifies the current law including the Law Against Discrimination (LAD) to strengthen protections against employment discrimination and promote equal pay for all groups protected under the LAD. Pursuant to the law, any employer, regardless of the location of the employer, who enters into a contract with a public body to provide qualifying services to the public body shall provide a report to the Commissioner of Labor and Workforce Development of information regarding the compensation and hours worked by employees categorized by gender, race, ethnicity, and job category. Any employer, regardless of the location of the employer, who enters into a contract with a public body to perform any public work for the public body shall provide to the commissioner, through certified payroll records, information regarding the gender, race, job title, occupational category, and rate of total compensation of every employee of the employer employed in the State in connection with the contract. Evidence of filing shall be required at time of contracting.

1.1.24 I have read the following:

AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability

The contractor and the County of Bergen, (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the ""Act"") (42 U.S.C. S121 01 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 there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’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, summons, pleading, or other process received by the owner or its representatives.

It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.

It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

Basic Insurance Requirements 1.2.1 Do you affirm that your firm can and will provide the minimum level of coverage as stated below?

a. The insurance to be provided shall be underwritten by a company licensed to do business in New Jersey.

b. Comprehensive General Liability insurance in an amount no less than $1,000,000.00 combined single limit including broad form comprehensive general liability endorsement, and shall include provisions for thirty (30) days written notice of cancellation and/or modification of coverage. The Solicitation Local Unit shall be included as an additional insured.

c. Comprehensive General Automobile Liability insurance in an amount no less than $1,000,000.00 combined single limit covering owned, hired, and non-owned autos, and shall include provisions for thirty (30) days written notice of cancellation and/or modification of coverage. The Solicitation Local Unit shall be included as an additional insured.

d. Worker’s Compensation Insurance in the statutory limits including Employer’s Liability in an amount no less than $500,000.00.

e. All policies maintained shall hereby name the soliciting Local Unit or in the case of The County of Bergen, One Bergen County Plaza, Hackensack, NJ 07601 as an additional insured and shall provide for thirty (30) days written notice to the County of cancellation and/or modifications of such policies and we shall provide the such policies and provisions.

f. All required insurance coverages must be in effect no later than 12:01 a.m. at the start of the day of the contract and remain in effect for the duration of the contract, including any extensions.

These are the standard terms and conditions that apply to solicitations issued by and accepted by the local units utilizing the Bergen County bonfire portal. These may be supplemented and amended by additional documents specific to the procurement being solicited. I have read through and agree to the General Terms and Conditions:

Signature: ________________________________________________ Name: ___________________________________________________ Date: ____________________________________________________ Name of Company: _________________________________________ Bid number: _________________