BID 25-71 Animal Control.pdf

NOTICE TO BIDDERS

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

Tuesday, December 2, 2025 at 10:30am (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 #25-71 ANIMAL CONTROL SERVICES

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

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 & INSTRUCTIONS

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.

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 proposals shall be submitted on the Proposal Form of the City of Atlantic City. No alterations in the wording of the Proposal Form shall be permitted and any proposal 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, with a copy to the Purchasing Department, 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.

AWARD OR REJECTION OF BIDS

If and when a contract is awarded for specified item or items, or services rendered, same shall be awarded to the lowest responsible bidder with the UNIT PRICE GOVERNING, except however, that if two or more bidders submit bids in the same amount, the City of Atlantic City shall have the right to award a contract to any or all of such bidders. The City shall either award or reject any or all bids if it deems it in the public interest to do so, within sixty (60) days of bid opening. Bids received from bidders who have previously failed to complete contracts within the time scheduled therefore, or who have performed prior work for the City in an unacceptable manner, shall be rejected.

PAYMENT

Payment for the specified services shall be made by the City of Atlantic City to the successful bidder within thirty (30) days after the contractor has submitted a bill based on the total delivered price, as set forth in their proposal, with a properly executed voucher to the Comptroller’s Office.

TAXES

The City of Atlantic City shall not pay any Federal, State or Local Taxes in the purchase of said item or items.

CANCELLATION CLAUSE

The City of Atlantic City shall at any time during the contract period terminate the contract by giving THIRTY (30) DAYS notice in writing to the other party of its intention to do so. The City of Atlantic City has a right to eliminate any item, items or groups, prior to awarding a contract.

PREFERENCE FOR DOMESTIC PRODUCTS

Only manufactured products of the United States, whenever available, shall be used in connection with this undertaking, pursuant to 40A:11-18 of the Revised Statutes of the State of New Jersey.

ASSIGNMENT OF CONTRACT

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

TRANSITIONAL PERIOD

In the event the services are terminated either by contract expiration or by the City of Atlantic City, it shall be incumbent upon the contractor to continue the service until new services can be completely operational. At no time shall this service extension be more than ninety (90) days beyond the expiration date of the existing contract. Vendor shall be reimbursed for this service at the prior contract rate.

PRICE

The price or prices quoted shall be net, F.O.B destination, firm and not subject to increases during the period of the contract.

In the event of a price decrease during the contract period, the City of Atlantic City shall receive the benefit of such price reduction. The Purchasing Agent shall be notified in writing of any price reduction within five (5) days of the effective date.

Failure to report price reductions shall result in cancellation of the contract for cause.

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 shall 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) after three (3) business days prior to bid shall not be opened or responded to.

Intent

The intent and purpose of this specification is to describe the requirements for providing Animal

Control Services for the City of Atlantic City, and to list all requirements necessary for entering into a contract for the services described herein or as mutually agreed upon. The term shall be for one (1) year period.

Section 1: Requirements & Compliance Protocols

Bidders shall have at least three (3) years field experience as an Animal Control Officer and hold a New

Jersey Animal Control Officer Certification. A copy of certification shall be submitted with bid.

The contractor shall be required to provide animal control services for domesticated animals as detailed and described herein and in accordance with all regulations established by the State of New Jersey for performing such services. Bidders shall be certified by the New Jersey

Department of Health as a Certified Animal Control Officer prior to contract award.

All services performed under this contract shall conform to the Federal and State requirements in effect at the time of the contract-specifically N.J.S.A. 4:19, 4:22 and 8:23A.

Contractor shall comply with all Ordinances and/or statutes, relevant to “Animal Control

Services”. The term “animals running at large” shall constitute a dog that is off the leash, off a chain or outside of a closed yard subject to the terms of, but not limited to:

1. Ordinance #2 of 1942 -Providing for the licensing and registration of dogs.

2. Ordinance #28 of 1972 -Amendments thereto.

3. Ordinance #64 of 1981 -Providing for the licensing and registration of dogs.

4. Ordinance #39 of 1983 -Providing for the licensing and registration of dogs.

5. Public Law of 1983 -Certification of Animal Control

Chapter 525 (applicable elements)

6. Public Law of 1941 -Rabies Control Act

NJ Statutes Annotated

Title #4:19-15.1 et seq.

7. Ordinance #89 – 1990 -Vicious and Dangerous Dogs

Bidder shall agree and understand that the executed work product shall be performed in compliance with all applicable ordinances, codes, guidelines and statutes in connection with lawful direction as a representative of the City of Atlantic City.

Bidder shall constantly maintain a familiarity with all legal mandates (existing, newly implemented, and revised).

Section 2: Scope of Services

1. Bidder shall be responsible for the apprehension of all dogs, cats and other animals found to be “at large” on the streets of the City of Atlantic City in direct violation of existing ordinances or statutes; or whose presence/action poses an endangerment to the public health or safety.

2. Bidder shall provide transportation of animals (see Section 7:1) where they will be maintained for the legally specified period and for impoundment pursuant to New Jersey

State laws.

3. Bidder shall be responsible for the removal from the public streets, private grounds or homes within the territorial limits of the City of Atlantic City, all dogs, cats or other animals, dead or alive when called upon by the City or its residents.

4. Bidder shall affect all methods of apprehension, transportation or impoundment of animals in a manner consistent with societal conventions, standards and accepted decency.

5. Bidder shall agree to the possession and utilization of separate bins in the vehicles and the kennels; for the containment of dogs and cats (separating male from female) and to physically isolate those animals of the visible and vicious nature.

Section 3: Report Procedures

1. Bidder shall be required to provide report for each incident noting the following information:

A. Type of action

B. Type or breed of animal

C. Color/sex/distinguishing marks

D. Location of action

E. Presence of a license and information contained there on

Section 4: Vehicle Requirements and Maintenance

1. Bidder shall provide proof of ownership or the possession of a serviceable vehicle whose specifications for assignment are consistent with standards accepted “in the industry”.

2. Bidder shall be able to respond within (1) one hour or less upon notification from the

City.

3. Bidder shall maintain the vehicle in a state of mechanical operation that is conducive to non-interrupted execution of contract and shall maintain the vehicle in a clean, disinfected and well painted manner so as not to pose a public menace or nuisance.

4. Bidder shall visibly display the name and address of the firm in compliance with the

State of NJ Statutes and Motor Vehicle Codes.

5. Bidder shall not be permitted or allowed to remain standing upon the public highways within the City, except for such time as is necessary for the vendor to carry out the terms and conditions set forth herein.

Section 5: Communications

Successful Bidder shall supply cell phone number for call-ins and insure continuous and uninterrupted service.

Section 6: Patrol Operation

Successful bidder shall provide patrols as needed (in marked patrol vehicles) for the removal of stray animals running at large within the city and shall provide 24 hour, seven days per week emergency service for animals threatening public safety.

Section 7: Impoundment

1. Bidder shall be responsible to transport any apprehended dog, cat, or animal to a suitable facility, meeting or exceeding the minimal standards set forth by State statutes, local ordinance and codes or by the Department of Health Guidelines to be maintained for the legally specified period and for impoundment pursuant to New Jersey State laws.

2. Bidder shall provide the City with the location and telephone number of the impoundment site in order that the general public shall be afforded the knowledge to reclaim the animal.

3. Successful Bidder shall not be responsible for the cost of any veterinary services.

4. Injured birds are outside of animal control scope of services and fall under the Division of Fish and Wildlife.

Section 8: Contract Execution

1. Bidder shall, at all times during the period of the contract furnish, provide and maintain the proper, necessary and required vehicles, equipment and employees, in order to fully execute the terms of the agreement and specifications. If in the event the contractor fails to meet the minimal standards, the City is authorized to cause such necessary and required action to penalize the contractor by deductions from monies due or owed and or cancel contract upon 30 days’ notice from City Solicitor’s Office.

2. Bidder shall be solely and entirely responsible for the providing of equipment, wages salaries, trucks, fuel and lubricants for vehicles, employees.

3. Bidder shall furnish a Certificate of Insurance from a responsible insurance company, insuring the contractor and all employees of said vendor and all conveyances or trucks, insuring against Public Liability or personal injury in an amount of $1,000,00 and property damage in amount of $100,000/$300,000 and insuring the City of Atlantic City as an additional named insured for general liability coverage’s only. It shall be the further duty of the contractor to keep said insurance policy in full force and effect, with the same to the approved as to form by the

City Solicitor, Worker’s Compensation Insurance shall also be supplied and evidenced by certificate.

4. Bidder shall maintain a telephone number which shall be provided to the City in order that calls may be made and received during daylight hours for the purpose of persons who wish to determine if their animals have been apprehended and impounded, and also to receive complaints and requests from the City of Atlantic City.

Section 9: Court Appearance

Successful Bidder shall be reimbursed at the rate of $25.00 per hour for court appearance. Multiple cases requiring one warden shall be compensated as one appearance.

PROPOSAL FORM

To the Purchasing Board of the City of Atlantic City

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

Advertisement of the City of Atlantic City, and the Specifications and Instructions to Bidders, for the undertaking set forth herein and in said accompanying documents, and shall strictly adhere to all terms of said documents, if awarded a contract therefore.

The undersigned proposes to provide the services described herein, only after the receipt of a written purchase order from the Purchasing Department, following the execution of the contract of award.

This bid made herein is irrevocable by the undersigned bidder or the personal or legal representative of the bidder.

FOR: Animal Control Services for a One (1) Year Period

Year One: Price $____________ (Per Month) X 12 Months = $_______________

GRAND TOTAL $____________________

SIGNATURE DATE

CORPORATE/PARTNERSHIP DISCLOSURE STATEMENT

All bidders shall read and complete the Statement of Ownership Disclosure, where applicable, on the following page, regardless of whether such bidder 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 bidder is a partnership, the names and addresses of all partners who own a 10% or greater interest in the partnership.

(2) If the bidder 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 Address

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

If a bidder 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 bidder; (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

Address

BUSINESS ENTITY INFORMATION SHEET

1. If the bidder 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 bidder is INCORPORATED, give following information:

State under whose laws incorporated: ____________________________

Location of principal office: ____________________________________

4. If bidder 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 Company of

_________________________________, the bidder making the Proposal for the project herein, and that I executed the said Proposal with full authority to do so, that said bidder 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 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 company has any interest of any amount or nature as to another company, 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 the

Contract upon any 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 deems me disqualified from doing business with the City under such circumstances.

I also understand that the above disqualification does not apply to any person 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

RESPONDENTS ARE REQUIRED TO COMPLY WITH THE REQUIREMENTS OF

N.J.A.C. 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

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 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.

ALL BIDDERS awarded a Contract hereunder shall comply with the requirements of N.J.A.C. 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 to the following address:

CONTACT INFORMATION:

Human Resources Office

Mona Tally, Affirmative Action Officer

Public Agency Compliance Officer

Telephone (609) 347-5425 mtally@acnj.gov mailto:mtally@acnj.gov

SCHEDULE OF GOOD FAITH EFFORT FOR UTILIZATION OF MINORITY BUSINESS

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

CONTRACTORS AND/OR SUPPLIERS

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)

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

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

City Council) such bidder who has been awarded a Contract shall provide the Director 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 City Solicitors Office.

(or)

(B) If the Contractor has a Certificate of Employee Information Report, a photocopy of the certificate shall be submitted to the City Solicitors 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.A.C. 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.A.C 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 Information Report;

3. 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

Department of the Treasury Public Contracts Equal Employment Opportunity Monitoring Program 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. § 12101 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 any 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 Respondent hereby acknowledges receipt of the following Addenda:

Addendum Number Dated Acknowledge Receipt

(initial)

No addenda were received:

Acknowledged for: __________________________________________

(Name of Respondent)

By: _________________________________________

(Signature of Authorized Representative)

Name: ______________________________________

(Print or Type)

Title: ________________________________________

Date: ________________________________________

INFORMATIONAL SHEET

1. All pages of package shall be completed and returned

2. Proposal Form

3. Corporate Disclosure Statement

4. Statement of Ownership Disclosure

5. Business Entity Information Sheet

6. Non-Collusion Affidavit

7. Disclosure of Investment Activities in Iran & Russia or Belarus form

8. Schedule of Minority Business Enterprise (BE)

9. Affirmative Action Employee Information Report

10. W-9 Taxpayer Identification Number Form

11. Acknowledgement of Receipt of Addenda

12. Any corrections, additions or deletions shall be initial and dated

13. State of NJ Business Registration Certificate

14. Any & All certifications & information as requested herein