atlantic city RFP 26-69 CDBG Consulting - Revised.pdf

Request for Proposals

Notice is hereby given that proposals shall be received by the City of Atlantic City on Thursday, October 22, 2026 at 2:00PM (Prevailing time) electronically to the City, through E-Procurement platform in accordance with N.J.A.C. 5:34-1 et. Seq., on BidNet Direct accessible via www.bidnetdirect.com//atlanticcity:

RFP #26-69 Community Development Block Grant (CDBG)/HOME Consulting Services For a One (1) Year Period

Proposals shall be electronically uploaded, no physical proposals shall be received, opened or honored.

Specifications and instructions may be obtained from E-procurement platform www.bidnetdirect.com//atlanticcity

For zoom opening information contact:

Sean P. Canning, QPA scanning@TheCanningGroup.org

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.

This request has been advertised in accordance with the “Fair and Open Basis” (N.J.S.A.

19:44A-20.5).

Kelly Astin, QPA City of Atlantic City Purchasing Agent

SPECIFICATIONS & INSTRUCTIONS

SECTION 1 - CONDITIONS APPLICABLE TO RFP

A. The RFP and selected Proposer’s proposal may, by reference, become part of any formal contract between the City and Proposer resulting for this solicitation.

B. All comments and questions concerning this request for proposals shall be addressed through www.bidnetdirect.com//atlanticcity

C. To be considered for the award Proposer shall be experienced and regularly in the business of providing the scope of services required by this RFP and be available for consultation.

D. It is the intent of the City to award a contract to a qualified and responsive

Proposer submitting the Proposal for these services which is in the best interest of the City, provided the proposal has been submitted in accordance with the requirements of the RFP. The City shall have the right to accept the proposal which in its judgment, is in its own best interest.

E. Following the evaluation of proposals submitted, Proposer(s) may be requested to offer oral presentation to the City. Failure to comply with such a request shall disqualify Proposer from consideration.

F. This RFP does not commit the City to the awarding of a Contract.

G. News releases or other public announcements relating to this RFP shall not be made by any party receiving this RFP without the prior written approval of the City.

H. All costs incurred by the Proposers in connection with responding to this RFP shall be borne solely by the Proposer. All proposals submitted shall become the property of the City and shall not be returned.

I. The successful Proposer shall not and may not assign or sublet its contract in whole or in part without the written consent of the City.

J. RFP responses shall remain open for a 60 day period from submitted date. The City may either award the contract within the applicable time period or reject all responses. The City reserves the right to waive any minor informality in the

RFP.

K. The Proposer shall be prepared to comply with all Affirmative Action laws, rules and regulations as same may be enacted or amended during the project. The successful Proposer shall execute a contract which shall be subject to New Jersey Public Law 1975, c. 127.

L. The Proposer shall be prepared to comply with “Local Unit Pay-to-Play Law” (P.L. 2004, c.19, as amended by P.L. 2005, c. 51) establishing that business entity which makes political contributions to municipal candidates and municipal and county political parties in excess of certain thresholds shall be limited in its ability to receive public contracts from the City of Atlantic City.

M. The City of Atlantic City is requesting that a copy of your New Jersey Business Registration Certificate be submitted with your RFP.

N.J.S.A 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provides goods or perform services for a contractor fulfilling this contract: 1) the contractor shall provide written notice to its subcontractors to submit proof of business registration to the contractor; 2) prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used;

3) during the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of taxation, the use tax due pursuant to the State and Use Tax Act, (N.J.S.A.

54:32B-1 et seq.) on all sales of tangible personal property delivered into this State.

A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25.00 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) 292-9292.

SECTION 2 - SCOPE OF SERVICES

2.1 Intent

The City of Atlantic City seeks proposals from qualified firms to provide CDBG/HOME consulting services for the Department of Community and Economic Development to prepare the , the 2027 Annual Action Plan, the 2027 Environmental Review Record, the 2026 Comprehensive Annual Performance Evaluation Report (CAPER), implement the Citywide Housing Rehabilitation loan program, the City’s First Time Homebuyer program and provide management/coordination & other technical assistance for the City’s CDBG/HOME program as more particularly described herein. The term shall be for a one

(1) year period.

2.2 Scope of Services

The successful Proposer shall provide the following services:

A. COMMUNITY DEVELOPMENT AND PLANNING

1. Preparation of the 2027 One Year Action Plan to HUD for entitlement

CDBG and HOME funds (i.e., includes all aspects of preparation from developing a statement of proposed objectives and a proposed budget to planning research, compliance with Citizen Participation requirements, to completion of a final document for submission, which meets all statutory and regulatory requirements utilizing HUD's IDIS system);

2. Determining and documenting the eligibility of proposed activities under CDBG and HOME Regulations;

3. Prepare the 2027 Environmental Review Record for annual community development activities and HOME projects, as well as amendments to the CDBG and HOME Programs. Review the City's current process for completing its environmental review responsibilities for the purpose of updating and recommending efficiencies for completing the reviews;

4. Prepare Consolidated Annual Performance and Evaluation Report (CAPER) for the 2026 program year.

5. Provide Implementation Services for the operation of the CDBG and HOME programs and general consulting, advisory services, and administrative services throughout the term of the contract relative to CDBG and HOME Grants Program administration. This includes the oversight of weekly CDBG and HOME project implementation status meetings and the preparation of Grant Amendments and Public Hearing notices. This also includes compliance with Executive Orders and the Addendum to 2026 Grant Agreements from HUD

6. Inform and advise the City about federal and state policies and programs, and changes thereto;

7. Attend HUD program monitoring’s; troubleshoot issues; and prepare monitoring response letters;

8. Update Project Accomplishments on IDIS;

9. Initiate Project Drawdowns in IDIS; complete monthly reconciliations with Edmunds accounts, complete quarterly Cash on Hand Reports;

10. Assist with CDBG-CV grant close out process, as directed by HUD and as requested by the City

11. Public Facility Administration – Monitor construction projects to ensure compliance with HUD regulations and laws governing federal grants, including Davis Bacon Labor Standards, Section 3 regulations, BABA/BAP, 2 CFR Part 200 regulations governing procurement and other grant management areas and MBE/WBE outreach.

12. Public Service Subrecipient Administration – Assist the City’s Strategic Community Program Coordinator in the preparation of Grant Agreements for all sub recipients; reviewing project status, processing grant reimbursement requests, and updating accomplishments in IDIS, as needed.

13. Public Service Subrecipient Monitoring – Provide Subrecipient monitoring services for all Public Service Subrecipients from the FY 2025 Grant, including Subrecipients that received funding through the CV Cares Grant. All monitoring to be in compliance with CDBG Program Guidelines in preparation for HUD CPD monitoring.

B. CITYWIDE HOUSING REHABILITATION LOAN PROGRAM

a. Responsible for the overall coordination and management of the Citywide Housing Rehabilitation Program;

b. Consultant shall meet with applicants to complete an income verification based on the 24 CFR Part 5 income determination process, to ensure that an applicant’s income is below 80% of the median income limit. Ownership of property and paid property taxes must also be verified;

c. A preliminary inspection of the home shall be completed in order to determine the rehabilitation needs of the property. The work items shall be reviewed with the homeowner to prioritize the needs in relationship to the rehabilitation funding limit – ultimately creating a project scope used for the bid documents. Consultants shall have a qualified inspector on staff to complete all inspections and work write-ups;

d. Lead-Based Paint Inspection/Risk Assessment – Consultants shall have on staff a state qualified Lead Paint/Risk Assessment Inspector and have possession of a calibrated XRF instrument. A firm who does not employ a Lead Paint/Risk Assessment Inspector may contract with a third party to perform this function. The consultant is expected to provide all necessary Lead-Based Paint Inspections and Risk Assessments;

e. Preparation of Scope of Work – Work scopes for each project shall be clearly written, well-organized, precisely defined and easily understood by all parties identify building, electric and plumbing code violations, and health and safety conditions requiring repair. Properties shall be rehabilitated according to the Uniform Construction Code and local code, whichever is more stringent. Consultant shall prepare project specifications, along with any applicable change orders and shall be required to verify proper permits have been pulled by the contractor and closed out by the City;

f. Request for Proposals – All pre-approved contractors shall be notified of the bidding opportunity by the consultant. Proposals must be returned in an itemized format, according to the work scope. Proposals must be sealed and not opened until scheduled bid opening date and time.

Proposals shall be accepted directly by the consultant and the proposal opening process shall be thoroughly documented.

Notifications to contractors of rehabilitation program requirements including bidding, contract award, preconstruction, work write-up and City payment procedures; Public solicitation of contractor bids (either grouped or individually) for work;

g. Award of Contract – The homeowners shall designate which contractor they wish to complete the work on their home. A contract shall be executed between the contractor and the homeowner;

h. Consultant to prepare Homeowner Agreements and Mortgage and Note affordability controls and signed by the homeowner. The consultant shall record the lien in the County Clerk’s Office and pay the recording fees;

i. The consultant shall closely monitor the rehabilitation of each home.

Change orders, as necessary, shall be prepared by the contractor and approved in writing by the consultant and the homeowner;

j. The consultant shall submit the contractor’s payment requests (original invoices) to the City’s Point of Contact. Payment requests must include a signed inspection report by the consultant, certifying the completion of the work being billed. Releases shall be obtained from the homeowner for all invoices submitted to the City for payment;

C. FIRST TIME HOMEBUYER PROGRAM

a. Responsible for the overall management, case management, implementation, and coordination of the City of Atlantic City First Time Homebuyer program, in accordance with the City Program Manual and the HOME Program Regulations

D. HOME CHDO AFFORDABLE HOUSING PROGRAM

. Responsible for the overall coordination and management of the HOME CHDO Affordable Housing Program in accordance with the following procedures:

a. The City provides CHDO set-aside funds to CHDOs acting as owners or developers of projects that create new units of affordable housing in the City.

E. HOME-ARP IMPLEMENTATION PLAN

Provide services to implement the City’s HOME-ARP Allocation Plan, including the following:

a. Set up of Projects and Activities in IDIS

b. Meetings with Sub-recipients to review the Scope of Services for Projects

c. Preparation and review of Sub-recipient Agreements

d. Preparation of Substantial Amendments to the HOME-ARP Allocation

Plan

e. Additional assistance as requested by the City

SECTION 3 - SUBMITTAL REQUIREMENTS

All proposals for professional service contracts shall include at a minimum the following information:

1. Names of the individuals who shall perform the required tasks;

a. Identify the person who shall be primarily responsible for these services required by the City of Atlantic City;

b. Identify persons who shall serve as backup to the primary person. Attach a resume of both the primary and backup contact persons.

2. Proposer shall provide a list of their qualifications specifically related to this scope of work.

a. Demonstrate the experience of the firm in conducting efforts of the nature and scope required by this request for proposal.

3. List of references;

a. Provide the names and addresses and telephone numbers of persons who can verify your experience and record of success.

4. Ability to provide services in a timely manner;

5. Fees/Cost Proposal (including breakdown of hourly rates & cost per tasks)

SECTION 4 - EVALUATION CRITERIA

Proposals submitted to the City of Atlantic City shall be evaluated based upon the following criteria:

1. Competitiveness of rates (fees)

2. Qualifications and Experience in the field to which the contract applies;

3. Knowledge of the subject matter to be addressed under the contract;

4. Where applicable, availability to accommodate all required meetings of the City of Atlantic City, including but not limited to City Council meetings, meetings of the committees of City Council, meetings of the appropriate local boards, and any other such meetings as are required for performance of the contractual terms;

5. Ability to perform the required services in a timely manner.

PROPOSER INFORMATION

In order to assure that all future correspondence is directed to the correct address, assure proper ordering, expedite future payments, and in accord with I.R.S.

regulations, the following information shall be provided with this RFP.

Name of Business:

Name of Contact Person:

Correspondence Address (including zip code):

Purchase Order Address (including zip code):

Payment Address (including zip code):

Telephone Number (including area code): ( )

Fax Number (including area code): ( )

E-Mail Address: Employer I.D. # or S.S. #

CORPORATE/PARTNERSHIP DISCLOSURE STATEMENT

All proposers shall read and complete the Statement of Ownership Disclosure, where applicable, on the following page, regardless of whether such proposer is a corporation, partnership or sole proprietor.

The Provisions of N.J.S.A. 52:25-24.2, in referring to corporations and partnerships, are intended to apply to all forms of corporations and partnerships, including limited partnerships, limited liability corporations, limited liability partnerships and subchapter S corporations.

N.J.S.A. 52:25-24.2 provides in pertinent part that no partnership or corporation shall be awarded any State, County, Municipal, or School District contract for the performance of any work or the furnishing of any materials and supplies unless, prior to the receipt of the bid or accompanying bid of said partnership or corporation, there is submitted a statement containing the following information:

(1) If the proposer is a partnership, the names and addresses of all partners who own a 10% or greater interest in the partnership.

(2) If the proposer is a corporation, the names and address of all stockholders in the corporation who own 10% or more of its stock of any class.

(3) If a corporation owns all or part of the stock of the corporation or partnership submitting the bid, a list of the stockholders who own 10% or more of the stock of any class of that corporation.

STATEMENT OF OWNERSHIP DISCLOSURE

N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This statement shall be completed, certified to, and included with all bid submissions.

Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:____________________________________________________

Organization Address:____________________________________________________

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

Sole Proprietorship (skip Parts II and III, execute certification in Part IV)

Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)

For-Profit Corporation (any type) Limited Liability Company (LLC)

Partnership Limited Partnership Limited Liability Partnership (LLP)

Other (be specific): ______________________________________________

Part II:

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.

(COMPLETE THE LIST BELOW IN THIS SECTION)

OR

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 no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)

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

Name of Individual or Business Entity

Home Address (for Individuals) or Business Address

Part III: Disclosure of 10% or greater ownership in the Stockholders, Partners or LLC Members listed in Part II

If a proposer has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10 percent or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Please list the names and addresses of each stockholder, partner or member owning a 10% or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10% ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Part IV Certification I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: (a) I am authorized to execute this certification on behalf of the proposer; (b) the City is relying on the information contained herein and I am under a continuing obligation from the date of this certification through the completion of any contracts with the City to notify the City in writing of any changes to the information contained herein; (c) I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the City, permitting the City to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s

Stockholder/Partner/Member and Corresponding Entity Listed in

Part II

Home Address (for Individuals) or Business Address

BUSINESS ENTITY INFORMATION SHEET

1. If the proposer is an LLC, sign name and give address:

Name: ____________________________________________________ Address: __________________________________________________ Telephone No & Area Code: __________________________________ Fax No & Area Code: _______________________________________

2. If individual has a TRADE NAME, give such trade name:

Trading as: ________________________________________________ Telephone No & Area Code: __________________________________ Fax No & Area Code: _______________________________________

3. If the proposer is INCORPORATED, give following information:

State under whose laws incorporated: ____________________________ Location of principal office: ____________________________________

Telephone No & Area Code: __________________________________ Fax No & Area Code: _______________________________________

4. If proposer is a PARTNERSHIP, state names of partners and firm name:

Address: ___________________________________________________ Telephone No & Area Code: ___________________________________ Fax No & Area Code: ________________________________________

5. Agent in charge of said office whom notice may be legally served:

Name: _____________________________________________________ Telephone No & Area Code: ___________________________________ Fax No & Area Code: ________________________________________ Name of Corporation: ________________________________________ By: _________________________________________________ Title: ________________________________________________ Address: _____________________________________________ Telephone No & Area Code: _____________________________ Fax No & Area Code: __________________________________

NOTE: Item #5 shall be completely filled in.

NON-COLLUSION AFFIDAVIT

STATE OF NEW JERSEY) SS

COUNTY OF )

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 proposer making the Proposal for the herein project, and that I executed the said Proposal with full authority to do so, 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 said Proposal and in this Affidavit are true and correct, and made with full knowledge that the City of Atlantic City 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 warrant that no requirement or commitment was made in reference to any political contribution to any party, persons, or elected official and that no undisclosed benefits of any kind were promised to anyone connected with City government or any political party in reference hereto.

I warrant that no member, partner, official, officer, stockholder or anyone having interest in this firm has any interest of any amount or nature as to another firm, partnership, corporation, group, etc., making a bid on said project.

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

Name of Contractor

Continued I further warrant and represent that I have never been convicted of or acknowledge nor admitted to any payment of kickbacks or unlawful gifts to any government official or employee for which conduct the City of Atlantic City deems me disqualified from doing business with the City of Atlantic City under such circumstances.

I also understand that the above disqualification does not apply to any vendor who cooperates with the prosecution and gives supporting testimony of behalf of the prosecution in the course of a judicial inquiry.

Sworn and subscribed to before me ____________________________ the _____ day of __________, 20__ Signature of Affiant

Signature of Notary Public Print/Type Name of Affiant

Notary Public of _________________ My Commission Expires ___________

AFFIRMATIVE ACTION/CONTRACT COMPLIANCE REQUIREMENTS

BIDDERS ARE REQUIRED TO COMPLY WITH THE REQUIREMENTS OF

N.J.S.A. 10:5-31 et seq. AND N.J.A.C. 17:27 AND ORDINANCE NO. 24 OF 1993

ALL BIDDERS are required to submit the Schedule of Good Faith Effort for Utilization of

Minority and Women Business Enterprise Program for Contractors and/or supplies.

ALL BIDDERS are encouraged to hire Atlantic City residents and use Atlantic City Contractor, Sub-Contractors and Merchants if awarded this contract.

ALL BIDDERS shall write the following office’s for technical assistance before submission of this bid package, if assistance is needed. All requests for assistance & responses thereto shall be in writing.

ALL BIDDERS that have received a NJ Certificate of Employee Information Report shall enclose a copy of same with this qualifications package. All others shall contact the Public Agency

Compliance Officer (P.A.C.O.)

CONTACT INFORMATION:

Business Administrator's Office

Alexxus Young, MPA, Affirmative Action Officer

Public Agency Compliance Officer

Telephone (609) 347-5374 ayoung@acnj.gov

If awarded this contract your company/firm shall be required to comply with the requirement of

N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 Law against Discrimination in Public Contracts.

SCHEDULE OF MINORITY BUSINESS ENTERPRISE (MBE)

FEMALE BUSINESS ENTERPRISE (FBE)

CONTRACTORS/SUPPLIERS

ALL BIDDERS shall write to the Public Agency Compliance Officer for technical assistance before submission of this bid, if assistance is needed. All requests for assistance & responses thereto shall be in writing to Business Adminstrator's Office, Attn: Alexxus Young, City Hall, Room 703, 1301 Bacharach Blvd, Atlantic City, NJ 08401.

BIDDER SHALL COMPLETE THIS FORM AND SUBMIT WITH BID PACKAGE.

FMBE STATUS: FBE _____ MBE _____ DBE _____ OTHER ________________

CERTIFICATION NO _________ City _________State ________ Other __________

(If FMBE Status exclude Part I and Part II)

PART I: SCHEDULE OF MINORITY CONTRACTORS AND/OR SUPPLIERS

Contractor to insert Specify type of work Total Contract

Name of Minority Break-down segments Dollar Amount to

Business Addresses and of work MFBEs w/minimum

Telephone Numbers of 10%

Any substitution of a MFBE identified on this schedule shall be for good cause and on written notice to the Public Agency Compliance Officer. Any substitution for MFBE Sub Contractors and/or suppliers shall be by a certified MFBE Sub Contractor and/or Suppliers with the written prior approval of the Public Agency Compliance Officer.

PART II: GOOD FAITH EFFORT EXTENDED

(Complete in event the above 10% minimum MFBE

Contractors/Suppliers participation is not met)

INSTRUCTION: Fully explain all efforts taken to meet the minimum minority contractors and/or suppliers participation which shall include: letters, phone calls, communications sent to minority firms, sources and/or contracts, etc. Documentation of all efforts shall be required.

MINIMUM GOOD FAITH CONDITIONS

AWARDING OF PROCUREMENT, PROFESSIONAL

OR SERVICE CONTRACTING

ONLY

Once the successful bidder is identified (through the receipt of a copy of the resolution approved by the City Council of Atlantic City) then the contractor who has been awarded the contract shall provide the Public Agency with one of the following:

(A) If the contractor has a Federal Affirmative Action Plan Approval which consists of a valid letter from the Office of Federal Contract Compliance Programs.

A photo copy of the letter of approval shall be submitted to the Human Resources Office.

(or)

(B) If the contractor has a Certificate of Employee Information Report.

A photo copy of the certificate shall be submitted to the Human Resources Office.

(or)

(C) If the company has none of the above, the Public Agency is required to provide the contractor with an AA302 Affirmative Action Employee Information Report.

Bidder shall submit a copy of any of the above to the Business Adminstrator's Office, Attn:

Alexxus Young, City Hall, Room 703, 1301 Bacharach Blvd, Atlantic City, NJ 08401

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

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

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

and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

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

The contractor or subcontractor, where applicable, will send to each labor union 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. 17:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex; and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex; and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personal testing conforms to 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 law and applicable Federal court decisions.

In conforming with the applicable 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 as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

AMERICANS WITH DISABILITIES ACT

Contracting Language

Equal Opportunity for Individuals with Disabilities

The Contractor and the City do hereby agree that the provisions of Title II 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 City pursuant to this contract, the Contractor agrees that the preference 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 City in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the City, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages of whatever kind or nature arises 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 City’s grievance procedure, the Contractor agrees to abide by any decision of the City which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the City, or if, the City 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 City 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 City or any of its agents, servants, and employees, the City shall expeditiously forward or have forwarded to the Contractor every demand, complaint, notice, summons, pleading, or other process received by the City or its representatives.

It is expressly agreed and understood that any approval by the City 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 City pursuant to this paragraph.

It is further agreed and understood that the City assumes no obligation to indemnify or save harmless the Contractor, its agents, servant, 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 City from taking any other actions available to it under any other provisions of this agreement or otherwise at law.

CITY OF ATLANTIC CITY

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

The undersigned Proposer hereby acknowledges receipt of the following Addenda:

Addendum Number Dated Acknowledge Receipt (initial)

No addenda were received:

Acknowledged for: __________________________________________ (Name of Proposer)

By: _________________________________________ (Signature of Authorized Representative)

Name: ______________________________________ (Print or Type)

Title: ________________________________________

Date: ________________________________________

INFORMATIONAL SHEET

Community Development Block Grant (CDBG)/HOME Consulting Services For a One (1) Year Period

1. Non-Collusion Affidavit

2. Corporate Disclosure Statement

3. Individual, Trade Name, Partnership Inf. Sheet

4. Schedule of Minority Business (BE)

5. Affirmative Action Employee Information Report

6. W-9 Taxpayer Identification Number Form

7. Proposer shall sign pages

8. Entire RFP/Specifications shall be returned completed

9. Any corrections, additions or deletions shall be initialed & dated

10. State of NJ Business Registration Certificate

11. Disclosure of Investment Activities in Iran & Russia or Belarus Form

12. Acknowledgement of Receipt of Addenda

13. Proposer Information Form