BID 25-40 Rolling Chairs .pdf

NOTICE TO BIDDERS

Notice is hereby given that sealed bids shall be received by the City of Atlantic City on

Wednesday, June 18, 2025 at 10:45am (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:

BID #25-40 ROLLING CHAIR SERVICES FOR THE CITY OF ATLANTIC CITY BOARDWALK

Bids shall be electronically uploaded, no physical bids shall be received, opened or honored.

Specifications and instructions may be obtained from bid platform www.bidnetdirect.com//atlanticcity

Submission of Bid:

If indicated, bid submission shall be accompanied by a certified check, cashier’s check, or bid bond in the amount of ten per centum (10%) of the total amount of the bid, but not in excess of twenty thousand ($20,000) dollars and made payable to the City of

Atlantic City. Bidder shall submit a copy of the bid guarantee with electronic submittal and mail PRIOR to bid opening the original to the City of Atlantic City, Purchasing

Department, 1301 Bacharach Blvd, Suite 310, Atlantic City, NJ 08401. The bid bond may also be provided in certified check and cashier’s check in accordance with provisions within general requirements of this bid.

For zoom opening information contact:

Sean P. Canning, QPA scanning@TheCanningGroup.org

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.

Bid results will be posted on www.bidnetdirect.com//atlanticcity within 24 hours of the bid opening. This bid 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 http://www.bidnetdirect.com/atlanticcity mailto:scanning@TheCanningGroup.org

SPECIFICATIONS AND INSTRUCTIONS TO BIDDERS

THE CITY OF ATLANTIC CITY IS REQUESTING THAT A COPY OF YOUR NEW JERSEY

BUSINESS REGISTRATION CERTIFICATE BE SUBMITTED WITH YOUR BID.

Revised Contract Language for BRC Compliance

Goods and Services Contracts (including purchase orders)

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

Sate 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.

CERTIFIED CHECK, CASHIER’S CHECK, OR BID BOND

Any and all bonds of any type that are required in these specifications shall be from a company authorized to do business in the State of New Jersey. No certified check, cashier’s check or bid bond shall be required if the total amount of the bid is under $50,000.00 per Mayor James Whelan’s Executive Order

No. 2 of 1994.

A certified check, cashier’s check or bid bond is required for bids over $50,000.00, drawn upon a National or State Bank or Trust Company, to the order of the City of Atlantic City, New Jersey for the sum of ten percent (10%) of the total amount bid, but not in excess of $20,000.00. Each bid of $50,000.00 or more shall be accompanied by a certificate from a surety company (the “Certificate of Surety”) stating that it shall provide the Contractor with a bond in such amount as is required in the specifications.

All certified or cashier’s checks or bid bonds deposited by bidders to whom a contract is not awarded shall be returned to them by the City Clerk at the time of award of a contract hereunder. The certified or cashier’s check or bid bond deposited by the successful bidder shall be returned upon the proper execution and delivery of the award of contract and required bond, if required hereunder.

In the event the successful bidder fails to execute and deliver the Contract awarded within TWENTY-ONE

(21) DAYS from the date of the receipt of notice of award of Contract, the certified or cashier’s check or bid bond so submitted with bid shall be considered as liquidated damages accruing to the City of Atlantic

City and not as a penalty and the City of Atlantic City shall retain same in full settlement for any and all damages sustained by it as a result of such default.

N.J.S.A. 40A:11-22 GUARANTEE OR SURETY COMPANY CERTIFICATIONS

PERFORMANCE BOND

The successful bidder shall be required to furnish a bond of a surety company authorized to do business in the State of New Jersey, in a sum equal to one hundred percent (100%) of the total contract price. Said bond is to be satisfactory as to form to the City Solicitor, Solicitor Division (the “Solicitors Office”) and as to surety to the Comptroller of the Department of Revenue and Finance, Comptroller’s Division and shall be conditioned for the faithful performance of the contract to be entered into and for the payment of lawful claims of subcontractors, materialmen, laborers, persons, firms or corporations relating to labor performed or material, supplies or implements of machinery furnished, used or consumed in the furtherance, performance or completion of the Contract.

PERFORMANCE, PAYMENT AND MAINTENANCE BONDS

The successful bidder shall furnish to the City, a performance bond and labor and material payment bond, or a combination performance and labor and material payment bond, and at the completion of the work, a two (2) year maintenance bond, each in the amount of 100% of the final contract price, with such sureties as shall be approved by the City and as detailed and described below. All surety companies shall be authorized to transact such business in New Jersey, pursuant to N.J.S.A. 17:17-10 or 17:32-1 et seq. The surety shall designate a New Jersey agent on whom service of process can be made.

The Contractor shall be responsible to ensure the surety bond does not expire and shall inform the City

Engineer or the City of any agent change of the surety company. All surety companies shall have the minimum capital and surplus or net cash assets required, pursuant to N.J.S.A. 17:17-6 or 17:17-7, whichever is applicable, on the date of advertisement for the bid.

All surety companies shall complete a Surety Disclosure Statement and Certification for all payment and performance bonds, pursuant to N.J.S.A. 2A:44-143d.

In addition, for these public works project bids, including any and all alternates, that equals at least

$850,000.00 but not more than $3.5 million, the surety company shall hold a current certificate of authority issued by the U.S. Secretary of the Treasury that is valid in New Jersey as listed annually in the U. S.

Treasury Circular 570. However, if the surety company has been operational for a period in excess of five years, the surety company shall also be considered to have satisfied this requirement if it is rated in one of the three highest categories by an independent nationally recognized United States rating company that determines the financial stability of insurance companies. Such rating companies shall meet standards promulgated by the N. J. Commissioner of Insurance N.J.A.C. 11:1-41.1 et seq.

In addition, for those public works project bids, including any and all alternates, is in excess of $3.5 million, the surety company shall hold a current certificate of authority issued by the United States Secretary of the

Treasury that is valid in the State of New Jersey listed annually in U.S. Treasury Circular 570. And, if the surety company has been operational for a period in excess of five years, it shall be rated in one of the three highest categories by an independent, nationally recognized United States rating company that determines the financial stability of insurance companies. Such ratings shall meet standards promulgated in N.J.A.C.

11:1-41.1 et seq.

A surety company, which seeks to provide a payment and performance bond in excess of $3.5 million, is exempt from the requirement of Treasury Circular 570 if it meets standards developed by the Commissioner of Insurance through regulations which, at least equal, and may exceed, the general criteria required for

Treasury listing. These standards are found at N.J.A.C. 11:1-41.4.

INDEMNIFICATION AGAINST CLAIMS

The successful bidder shall indemnify and save the City harmless from and against all suits, claims, actions or judgments for any injury or damage sustained or alleged to have been sustained by any party or parties by reason of the use of defective materials, furnished and delivered under the contract to be awarded hereunder or by or on account of any act of omission or commission of any contractor, his, its, or their agents or employees and in case any such action be brought against the

City, the contractor shall immediately take charge of and defend same at his, its, or their own cost and expense. The city shall, if it so desires, defend such actions and charge the expense of same to the contractor.

PROPOSAL FORM

All bids shall be submitted on the Proposal Form of the City of Atlantic City. No alterations in the wording of the Proposal Form or no interpolations shall be permitted. Any bid submitted in disregard of this requirement shall be regarded as informal and need not be considered by the City in making this award.

CHALLENGES TO THE BID SPECIFICATIONS

Any challenge to the bid specifications shall be submitted, in writing, to the City Solicitor’s Office three (3) business days prior to the bid opening date, via certified mail or hand delivered. If the challenge is not submitted three business days prior to the bid opening date, the challenge shall not be considered and is considered waived by the bidder.

Challenges noted in the exceptions page within the bid package shall not be accepted. The

City of Atlantic City reserves the right to purchase items from State Contract vendors and also any and all vendors in the Atlantic County Pricing Agreement Contracts, if such use serves the interest of the City of Atlantic City.

FISCAL CERTIFICATE

When award of contract is made in one fiscal year with effective date in the next year, award shall be contingent upon the availability and appropriation of sufficient funds for that purpose for the year in which said contract takes effect. When a contract is awarded for a period in excess of one year, said contract shall be contingent upon the annual availability and appropriation of sufficient funds for the purpose for each year of the contract term.

SPECIAL NOTES:

1. No bidder shall be allowed to offer more than one price on each item even though he may feel that he has two or more types or styles that will meet specifications. Bidders shall determine for themselves which to offer. Alternate items bid or prices shall not be considered unless expressly set forth elsewhere in this document.

2. Assignment to any third party of any monies due, or to grow due the bidder or any contract based on this bid is prohibited and shall not be recognized by the City.

3. Should any difference arise between the contracting parties as to the meaning or intent of these instructions or specifications, the City Purchasing Agent’s decision shall be final and conclusive.

4. DEVIATIONS: All deviations from the specifications shall be noted in detail by the bidder in writing at the time of submittal of the formal bid. The absence of said deviations at the time of submittal of the bid shall hold the bidder strictly accountable to the City for furnishing the contract requirements in full in accordance with the specifications.

The City reserves the right to reject any nonconforming request for deviation based upon any perceived inconsistency with the scope of published specification requirements and/or an included qualification procedure.

NOTE: Any deviations from these specifications and/or special conditions required by the bidder shall be recorded below: If no deviations state “none” below:

5. Should bidder have question(s) with this bid, question(s) shall be addressed in writing to the City of

Atlantic City Purchasing Agent, City Hall, 1301 Bacharach Blvd. Atlantic City, NJ 08401, three (3) business days prior to the opening of bid, via certified mail or hand delivered. Question(s) received after three (3) business days prior to bid shall not be opened or responded to.

PURPOSE

The City is requesting bids for the operation of Rolling Chairs (as defined in Chapter 210 of the Code) (the

“Services”) on the Boardwalk (as defined in Chapter 92 of the Code) in the City. The highest priced bidder(s) shall be awarded a contract with the City to operate Rolling Chairs (the “Contract”) for the Term

(defined below). Detailed requirements are outlined in the Specifications and Instructions provided herein.

SECTION A: SCOPE OF SERVICES

The City has authorized one hundred fifty (150) Rolling Chairs to be operated on the Boardwalk pursuant to Chapter 210 of the Code of the City (“Block” is 50 rolling chairs), such that there shall be three (3)

Blocks available to be bid upon. Each bidder shall bid a minimum of one (1) Block or a maximum of two

(2). The City shall award a Contract to the bidder who bids the highest combined License Fee Amount and

Minimum Guaranteed Advertising Amount for the Term (as those terms are defined below) for such Block

(s).

The bidders shall include the dimensions of the Rolling Chair and a detailed description of the manner in which the Services shall be provided including hours, days of week, months, etc. in accordance with Chapter

210 of the Code of the City.

All Rolling Chairs shall be in good and clean operating condition and shall be inspected by the City prior to an award of a Contract.

The term of an awarded Contract shall be for a two (2) year period.

The successful bidder(s) shall submit quarterly advertising revenue reports no later than fifteen (15) days after the close of quarter. The reports shall be submitted to the Director of the Department of Licensing &

Inspections (the “Director”).

Fares:

The bid shall include a yearly license fee for one (1) Block or the maximum of two (2) of Rolling

Chairs (the “License Fee Amount”) to be paid to the City in four (4) equal payments of each year during the Term as determined by the City and set forth in the Contract.

The minimum bid for the annual License Fee Amount for one (1) Block of Rolling Chairs shall be

$20,000.00 ($400.00 per Rolling Chair x 50 Rolling Chairs).

Advertising:

Bidder shall disclose (if applicable) and provide a minimum yearly guaranteed payment amount for the advertising proceeds received from advertising sales on each Block of the Rolling Chairs (the

“Minimum Guaranteed Advertising Amount”). The bid shall provide that the greater of the

Minimum Guaranteed Advertising Amount or fifty (50%) percent of the gross sales revenue from advertising on the Block of Rolling Chairs. A quarterly review/audit of the advertising contracts and proceeds shall be conducted quarterly of the Term of the Contract by the Director to ensure the proper amount to be paid to the City.

SECTION B: CHAPTER 210 OF THE CODE OF THE CITY OF ATLANTIC CITY

The provisions contained in Chapter 210 of the Code, attached hereto as Exhibit A, are expressly incorporated herein and made a part of the Specifications and Instructions.

SECTION C: INSURANCE

Before commencing any Rolling Chair operations, the Contractor shall purchase and maintain insurance, in conformance with the provisions contained in the Contract. The insurance will provide the City and its officers, agents or employees defense for and indemnification from any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use, which arises out of the Contractor’s operations under the Contract (the “Losses”).

This insurance shall apply regardless of whether the operations, actions, derelictions or failures to act from which the claim arises, are attributable to the Contractor, any of its consultants, officers, agents, subcontractors, employees or anyone directly or indirectly employed by any of the them including anyone for whose acts of the aforementioned may be liable by operation of statute, government regulation, or applicable case law or the City, unless caused by the sole negligence of the City. Proof of such insurance shall be provided to the City before the Contract commences. In no event shall the failure to provide this proof, prior to the commencement of the work, be deemed a waiver by the City of the Contractor’s insurance obligations set forth herein.

Minimum Limits of Liability.

The Contractor must obtain the required insurance with a carrier rated A- VII or better by A.M. Best.

The Contractor shall maintain at least the limits of liability as set forth below:

Commercial General Liability Insurance

$ 1,000,000 Each Occurrence Limit (Bodily Injury and Property Damage)

$ 2,000,000 General Aggregate

$ 2,000,000 Product/Completed Operations Aggregate

Contractual Liability that will respond to the indemnification clause included in the Contract shall be included in the policy. If the General Liability coverage for this operation is included in a policy that covers other operations or other locations, the General Aggregate shall apply separately to the services included in the Contract.

Workers’ Compensation and Employers’ Liability Insurance

$ 500,000 Each Accident

$ 500,000 Each Employee for Injury by Disease

$ 500,000 Aggregate for Injury by Disease.

If the Contractor is a Sole Proprietor, Partnership or LLC, the Insurance Policy and Certificate of

Insurance must indicate that the proprietor/partners/members are “included”.

Umbrella Liability Insurance

$ 4,000,000 per occurrence

$ 4,000,000 Aggregate.

Contractual Liability and the General Aggregate will be included on the same basis as the

Commercial General Liability.

Additional Insured Status and Certificate of Insurance.

The City, along with officers, agents and employees, shall be named as Additional Insureds for Operations on the Contractors Commercial General Liability and Umbrella Liability Policy which must be primary and noncontributory with respect to the Additional Insureds.

It is expressly understood by the parties to the Contract that it is the intent of the parties that any insurance obtained by the City is deemed excess, non-contributory and not co-primary in relation to the coverage(s) procured by the Contractor, any of its consultants, officers, agents, subcontractors, employees or anyone directly or indirectly employed by any of them or by anyone for whose acts any of the aforementioned may be liable by operation of statute, government regulation or applicable case law.

A Waiver of Subrogation Clause shall be added to the General Liability, Automobile and

Umbrella policies in favor of the City, and this clause shall apply to the City’s officers, agents and employees with respect to all projects during the policy term. It should also apply to the

Contractor’s Workers’ Compensation policy if allowed by state law. If the Contractor’s policy limits are greater than the minimum limits noted above, the minimum limits required are automatically adjusted to those greater limits.

Prior to commencement of the Contract, the Contractor shall submit a Certificate of

Insurance in favor of the City and an Additional Insured Endorsement (in a form acceptable to the City) as required hereunder.

No Limitation on Liability.

In any and all claims against the Additional Insureds by any employee of the Contractor, anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable, the indemnification obligation shall not be limited by any limitation on the amount or type of damage, compensation or benefits payable by or for the Contractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

Cancellation, Renewal and Modification.

The Contractor shall maintain in effect all insurance coverage required under this Contract at the

Contractor’s sole expense and with insurance companies acceptable to the City. The policies shall contain a provision that coverage will not be cancelled, not renewed, or a material change until at least thirty (30) days prior written notice has been given to the City. Certificate of Insurance showing required coverage and written notice must be delivered to the City prior to commencement of the Contract work. In the event the Contractor fails to obtain or maintain any insurance coverage required under this agreement, the City may, at its sole discretion, purchase such coverage as desired for the City’s benefit and charge the expense to the Contractor, or, in the alternative, terminate this agreement.

SECTION D: RIGHT TO TERMINATE AGREEMENT AND COMPLETE WORK

The City shall have to right to terminate the Contract with the Contractor after giving thirty (30) days written notice of termination to the Contractor in the event of any default by the Contractor.

1. Default by the Contractor – It shall be considered a default (a “Default”) by the Contractor whenever he, she, or it shall:

(i) Declare bankruptcy, become insolvent, or assign assets for the benefit of creditors;

(ii) Disregard or violate provisions of the Contract or these Specifications and Instructions; or

(iii) Fail to provide competent workmen or personnel or proper equipment or fail to make prompt payment therefor.

2. Completion by the Owner – In the event of termination of the agreement by the City because of a

Default by the Contractor, the City may take whatever method and means necessary to complete the work.

PROPOSAL FORM

FOR: ROLLING CHAIR SERVICES ON THE ATLANTIC CITY BOARDWALK

To the Purchasing Division of the City:

The undersigned declares that they have carefully read and fully understands this Proposal Form and the

Specifications and Instructions to Bidders for the undertaking set forth herein and in all accompanying documents and will strictly adhere to all terms of the Specifications and Instructions if awarded a Contract hereunder. This bid is irrevocable by the undersigned bidder or the personal or legal representative of the bidder.

Year

Number

License Fee Amount

(for one (1) Block)

License Fee Amount

(for one (1) Block)

Minimum Guaranteed

Advertising Amount

(for one (1) Block)

Minimum Guaranteed

Advertising Amount

(for one (1) Block)

TOTAL:

GRAND TOTAL (for one (1) Block): ____________________________

(Combined License Fee Amount for Block plus Minimum Guaranteed Advertising Amount for

Block for years 1, 2 )

GRAND TOTAL (for two (2) Block bid): ____________________________

(Combined License Fee Amount for Blocks bid plus Minimum Guaranteed Advertising Amount for Blocks bid for years 1, 2 )

+ Not to be less than $20,000 for one (1) Block per year.

All bidders shall submit pricing for years one (1), two (2) for each category above.

Note: The License Fee Amount shall be paid to the City in four (4) equal installments of each year of the

Term of the Contract as determined by the City and set forth in the Contract. The bidder hereby acknowledges that the greater of the Minimum Guaranteed Advertising Amount for each Block or fifty

(50%) percent of the gross sales revenue from advertising on each Block of Rolling Chairs shall be paid to the City. A quarterly review/audit of the advertising contracts and proceeds shall be conducted quarterly of the Term of the Contract by the Director to ensure the proper amount to be paid to the City.

CORPORATE/PARTNERSHIP DISCLOSURE STATEMENT

RESPONDENTS SHALL COMPLETE AND SIGN THIS FORM

AND SUBMIT IT WITH YOUR PROPOSAL

All respondents shall read and complete this statement where applicable, regardless of whether respondent is a corporation, partnership or sole proprietor.

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

Chapter 33 of the Public Laws of 1977 (N.J.S.A. 52:25-24.2) provides in pertinent part that no partnership or corporation or limited liability company 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 or limited liability company, there is submitted a statement containing the following information:

(1) If the respondent is a partnership/limited liability company, then the statement shall set forth the names and addresses of all members who own a 10% or greater interest in the partnership/company.

(2) If the respondent is a corporation, then the statement shall set forth 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 RFQ, then the statement shall include a list of the stockholders who own 10% or more of the stock of any class of that corporation.

Respondents 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% or greater beneficial interest in the publicly traded entity as the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and it there is any person that holds a 10% 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% or greater beneficial interest.

Respondent shall complete the corporate/partnership disclosure statement form on the following page.

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 and proposal 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 respondent 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% 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 percent 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 percent 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: that I am authorized to execute this certification on behalf of the bidder/proposer; that the City of Atlantic City is relying on the information contained herein and that 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; that 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, 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

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 respondent making the qualifications package for the herein project, and that I executed the said qualifications package with full authority to do so, that said respondent 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 qualifications package 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 qualifications package 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

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 ___________

RESPONDENT SHALL COMPLETE THIS PAGE

1. If the respondent 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: ________________________________________________

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

State under whose laws incorporated: ____________________________

Location of principal office: ____________________________________

4. If respondent 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.

Prohibited Russia-Belarus Activities & Iran Investment Activities

Person or Entity

Part 1: Certification

COMPLETE PART 1 BY CHECKING ONE OF THE THREE BOXES BELOW

Pursuant to law, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a contract, for goods or services must complete the certification below prior to contract award to attest, under penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list or Chapter 25 list as a person or entity engaging in prohibited activities in Russia, Belarus or Iran. Before a contract for goods or services can be amended or extended, a person or entity must certify that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list. Both lists are found on Treasury’s website at the following web addresses:

https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.

As applicable to the type of contract, the above-referenced lists must be reviewed prior to completing the below certification.

A person or entity unable to make the certification must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or investment activities in Iran. The person or entity must cease engaging in any prohibited activities and provide an updated certification before the contract can be entered into.

If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may be provided by law, rule, or contract, including but not limited to imposing sanctions, seeking compliance, recovering damages, declaring the party in default, and seeking debarment or suspension of the party.

CONTRACT AWARDS AND RENEWALS

I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or affiliate appears on the N.J. Department of Treasury’s lists of entities engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022,

c. 3 or in investment activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25

List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. (Skip Part 2 and sign and complete the Certification below.)

https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf Kelly Astin Cross-Out

Part 2: Additional Information

PLEASE PROVIDE FURTHER INFORMATION RELATED TO PROHIBITED ACTIVITIES IN

RUSSIA OR BELARUS AND/OR INVESTMENT ACTIVITIES IN IRAN.

You must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or investment activities in Iran in the space below and, if needed, on additional sheets provided by you.

CONTRACT AMENDMENTS AND EXTENSIONS

I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or affiliate is listed on the N.J. Department of the Treasury’s lists of entities determined to be engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022, c. 3. I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. (Skip Part 2 and sign and complete the Certification below.)

IF UNABLE TO CERTIFY

I am unable to certify as above because the person or entity and/or a parent entity, subsidiary, or affiliate is listed on the Department's Russia-Belarus list and/or

Chapter 25 Iran list. I will provide a detailed, accurate, and precise description of the activities as directed in Part 2 below, and sign and complete the Certification below. Failure to provide such will prevent the award of the contract to the person or entity, and appropriate penalties, fines, and/or sanctions will be assessed as provided by law.

Part 3: Certification of True and Complete Information

I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments there, to the best of my knowledge, are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity.

I acknowledge that the <Name of Contracting Unit> is relying on the information contained herein and hereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the <Name of Contracting Unit> to notify the <Name of

Contracting Unit> in writing of any changes to the answers of information contained herein.

I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the <Name of

Contracting Unit> and that the <Name of Contracting Unit> at its option may declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print)

Title

Signature Date

AFFIRMATIVE ACTION/CONTRACT COMPLIANCE REQUIREMENTS

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

Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) Programs for

Contractors and/or Suppliers, attached hereto.

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

ALL BIDDERS awarded a Contract hereunder shall comply with the requirements of N.J.S.A.

10:5-31 et seq., N.J.A.C. 17:27 et seq. and Chapter 7 of the Code of the City.

ALL BIDDERS shall write to the Public Agency Compliance Officer 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 New Jersey Certificate of Employee Information Report shall enclose a copy of same with this bid package. All others shall contact the Public Agency

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

CONTACT INFORMATION:

Human Resources Office

Mona Tally, Affirmative Action Officer

Public Agency Compliance Officer

Telephone (609) 347-5425 mtally@cityofatlanticcity.org mailto:mtally@cityofatlanticcity.org

SCHEDULE OF GOOD FAITH EFFORT FOR UTILIZATION OF MINORITY BUSINESS

ENTERPRISE (MBE) AND WOMEN BUSINESS ENTERPRISE (WBE) PROGRAMS FOR

CONTRACTORS AND/OR 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 Human Resources Office, Attn: Mona Tally, City Hall, Room 416, 1301 Bacharach Blvd, Atlantic City, NJ 08401.

BIDDER SHALL COMPLETE THIS FORM AND SUBMIT WITH BID PACKAGE.

FMBE STATUS: MBE _____ WBE _____ 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)

INSTRUCTIONS: 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

Once the successful bidder is identified (through the receipt of a copy of the resolution approved by the

City Council of Atlantic City) such bidder 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 photocopy 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 photocopy 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.

The successful Respondent shall submit a copy of any of the above to the Human Resources Office, Attn: Mona Tally, City Hall, 1301 Bacharach Blvd. Room 416, Atlantic City, New Jersey 08401.

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 the Contract, the Contractor shall agree 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 N.J.S.A. 10:5-31 et seq. 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, where applicable, 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, where applicable, 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, where applicable, 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, where applicable, agrees to revise any of its testing procedures, if necessary, to assure that all personnel 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, where applicable, 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 Director, after notification of award but prior to execution of a Contract, one of the following three documents:

1. Letter of Federal Affirmative Action Plan Approval;

2. Certificate of Employee…