cc#24-02 transportation services.pdf

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CITY OF CAPE MAY

643 WASHINGTON STREET

CAPE MAY, NEW JERSEY 08204

COMPETITIVE CONTRACT # 24-02

REQUEST FOR PROPOSALS

TRANSPORTATION SERVICES 2024

MARCH 7, 2024 AT 10:00A.M.

REQUEST FOR PROPOSALS

TRANSPORTATION SERVICES

Notice is hereby given by the City of Cape May that a Competitive Contract in accord with

N.J.S.A. 40A:11-4.1 will be received by the City on March 7, 2024 at 10:00A.M.

prevailing time conducted on electronic platform, in accord with N.J.A.C. 5:34-1 et.

Seq., on BIDNET at www.bidnetdirect.com//capemaycity

COMPETITIVE CONTRACT RFP # 24-02 - TRANSPORTATION SERVICES

NOTE: It is the bidder’s responsibility to ensure that the bid package is uploaded onto the e-procurement site by the bid opening date and time. Any bid document received after the deadline established by the Department of Purchasing will not be accepted, regardless of the method of delivery.

Bidders must comply with the requirements of N.J.S.A. 10:5-31 et seq., and N.J.A.C. 17:27 et. Seq., For zoom opening information, contact the Qualified Purchasing Agent at scanning@TheCanningGroup.org

The City of Cape May will award this Competitive Contract in accord with Price and Other Factors as outlined within N.J.S.A 40A:11-4.1 et. Seq., and N.J.A.C. 5:34-4.1 et. Seq., City Council reserves the right to reject all bids.

Report of Competitive Contract: In accord with N.J.S.A. 40A:11-4.4(d) the summary report will be posted on the City procurement website at www.bidnetdirect.com//capemaycity at least 48 hours prior to the governing body taking action on award.

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

19:44A-20.5).

Ordered By: Erin C. Burke

City Clerk mailto:scanning@TheCanningGroup.org

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REQUEST FOR PROPOSALS

TRANSPORTATION SERVICES

The City of Cape May is requesting proposals for a Transportation Service that shall be supplied, or be available for supply, during a service period that shall commence in the spring of

2024 and extend to not later than December 31, 2024.

Unless otherwise directed by the City, beginning in the Spring of 2024, the Service shall be supplied on weekends (Friday, Saturday, & Sunday) as directed by the City. Then, beginning on June 16 the service shall be supplied seven (7) days a week until Labor Day (the “High

Season Service”). After Labor Day, the weekend service will resume until October 1, 2023. After

Thanksgiving, weekend service will resume as requested by the City until December 31, 2024.

Contractor shall provide a detailed description of its experience in providing state and local municipal transportation services, including present services, and past such services for at least the last five years. This is a competitive contracting request pursuant to the New Jersey

Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. All proposals shall be submitted on a form prepared by the bidder in compliance with the Bid Specifications, defined below.

The City is requesting proposals for Transportation Services in all available forms that will address the requested specifications including but not limited to Trolley, Jitney, Shuttle, Low Speed Vehicles (LSV), or other similar transportation service.

The Bid Specifications for the Transportation Services are set forth and include a narrative description of the service. The selected firm shall be required to comply with all of the

Bid Specifications (EXHIBIT A-1) and execute an Agreement for Services upon award of contract.

Applicable to

Bid if marked “X”

DOCUMENTATION REQUIRED OR REVIEWED

Initials When Due

Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with POA for full amount of Bid Bond)

With Bid

Submission

Consent of Surety (Certificate from Surety company)

Performance Bond and Labor and Material Payment Bond (Required from the Awarded Contractor)

At signing of contract

Maintenance Bond in the Amount of 100 % for a period indicated in

“General Conditions” Required from the Awarded Contractor Upon

Acceptance of Project

Upon Acceptance of Project

Acknowledgement of Receipt of Addenda (To be Completed if Addenda are

Issued)

X Ownership Disclosure Form With Bid

Submission

Named Subcontractors in Bid for Listed Specialty Trades

Public Works Contractor Registration Certificate(s) for the Bidder and all

Sub Contractors

Prior to Award, but effective at time of bid

X Business Registration Certificate – Bidder and all Sub Contractors Prior to Contract

Award

Non-Collusion Affidavit With Bid

Submission

X Experience and Qualifications With Bid

Submission

X Insurance and Indemnification Certificate Prior to Contract

Award

X Disclosure of Investment Activities in Iran Form Prior to Contract

Award

Federal debarment Form Prior to Contract

Award

Prevailing Wage Certification (PL 2021, C301) Prior to Contract

Award

Equipment Certification

EEO/AA Form AA-201

After Notice of

Award, Prior to

Signing Contract

X EEO/AA Form AA-302 or Letter of Federal Approval or Certificate of

Employee Information Report

After Notice of

Award, Prior to

Signing Contract

X Bidder’s Checklist

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder

Name:

Date:

Authorized

Representative:

Signature:

Print Name &

Title:

BID SPECIFICATIONS

(EXHIBIT A-1)

This Page is Intentionally Left Blank

Bid Specifications

1. Services and Routes. The Services to be provided shall consist of a shuttle vehicle to transport foot passengers from areas located along one or more prescribed routes as more fully described in Annex

1 to this instrument. The Service shall be provided free of fare charge to all riders.

2. Service Time Parameters. Service shall be supplied, or be available for supply, during a service period that shall commence not later than May 26, 2023in the spring of 2024 and extend to not later than October 1, 2023December 31, 2024. Unless otherwise directed by the City, beginning on May

26in the Spring of 2024, the Service shall be supplied on weekends (Friday, Saturday, & Sunday) as directed by the City. Then, beginning on June 16 the service shall be supplied seven (7) days a week until Labor Day (the “High Season Service”). After Labor Day, the weekend service will resume until

October 1, 2023. After Thanksgiving, weekend service will resume as requested by the City until

December 31, 2024. Upon 48 hours’ notice, the City may reduce the days or hours of the Shoulder

Season Service. (For the avoidance of any doubt, any time other than the “High Season” is considered the Shoulder Season). Unless agreed upon otherwise by the parties, the hours of Service shall extend from 12 Noon (first departure) to 10:00 PM (last departure from the farthest point of the route in center city) local time.

3. Service Frequency. The Services shall be run as a shuttle with a continuous loop during the hours of operation. Should the frequency goal not be met or prove infeasible in any respect, other than by the

Operator failing to supply the required number of vehicles for the Services, the parties will consult to make equitable adjustments.

4. Vehicle Specifications and Numbers. The City encourages and will consider any proposal for

Jitney, Shuttle, Trolley, Low Speed Vehicles (LSV), or any other type of vehicle meeting the intent of these specifications including “open-air” type vehicles.

5. Vehicle Condition. All Vehicles used to supply the Services shall be in sound and safe mechanical condition for carrying riders, properly maintained and adequately cleaned at the sole expense of the

Operator. Contractor must have in place a regular preventive maintenance program for all vehicles.

Vehicles must meet and remain in compliance with all applicable New Jersey State motor vehicle regulations, and notwithstanding such, must have adequate roadway lighting for night operation, turn signal and stop lighting, reflectors, rear view mirrors, three-point seatbelts or lap belts, and windshield wiping systems. All Vehicles intended to be used for the Services shall be subject to an initial check for safety purposes prior to the first Shoulder Season Service commencement date in each year and to random checks from time to time by the Cape May City Police Department. No

Vehicle shall remain in service until any asserted safety defect is remedied and proof thereof is furnished to the City. The determination of the existence of any safety defect or the materiality of same or its correction shall be determined conclusively by the City based on Police Department inspection. Contractor must have in place a regular preventative maintenance program for all vehicles. Contractor must be able to provide replacement vehicles within one hour if necessitated by breakdown or other circumstances.

6. Driver Qualifications. Vehicles providing the Services may only be operated by persons who possess at all times of operation a valid New Jersey driver’s license, in active and not suspended status, for the type of Vehicle in question and who have been instructed and otherwise trained and qualified by the Operator as to the proper operation of such Vehicle. The Operator shall submit identification documentation of all drivers providing the Services, supplying, among other things, their respective driver’s license information to the City. The Operator acknowledges that the City

-1-shall have the right to review and monitor all such information and data, and, upon notice to the

Operator, may, in the City’s sole discretion, prohibit temporarily or permanently any driver from operating a Vehicle based on points, or other infractions, accruing to such driver’s license. Vehicle drivers must have access to a radio and a cell phone that will enable them to make emergency contact with the dispatcher and appropriate emergency personnel. All drivers must be neatly dressed in appropriate company uniforms. All drivers must undergo an initial physical screening (including drug and alcohol testing) and be subject to a regular, periodic drug and alcohol testing or screening.

Contractor shall provide a minimum of one dispatcher on duty at all relevant times.

7. Insurance Coverages. At all times of providing the Services, the Operator shall maintain in full force and effect one or more policies of insurance protecting against damage caused by any Vehicle or driver to property and/or physical injury to persons. Copies of all current policy declarations and subsequent amendments, endorsements and renewals shall be provided to the City not later than 30 days after the effective date of this instrument and thereafter promptly after issuance. The amount and exact type of such coverages shall be as set forth on Annex 2. Notwithstanding the foregoing, all such coverages shall (i) be with reputable insurance carriers reasonably satisfactory to the City (based on ratings of A.M. Best as to size and financial stability); (ii) be required to provide at least 30 days’ notice to the City in the event of any modification, cancellation or non-renewal; and (iii) name the

City as an “additional insured” on such policies, provided that with respect to any overlap between such coverages and any coverages otherwise provided to the City under its own insurance facilities, the policies of the Operator shall be considered “primary” as concerns claims arising from operation of the Services. The maintenance of insurance by the Operator is independent and not related to any other obligations of the Operator to indemnify and hold harmless the City hereunder.

8. Indemnification and Hold Harmless. The Operator agrees to indemnify and hold harmless the City, including any of its officers, employees, agents or elected representatives (“Other Indemnified

Persons”), from any and all liabilities, costs, claims, judgments and assessments, including court costs and attorneys’ fees (collectively, “Claims”), arising out of the Operator’s performance of, or failure to perform, its duties and obligations hereunder. As a party seeking indemnification hereunder, the City shall notify the Operator promptly upon obtaining knowledge of any such Claim and may, in the absence of the Operator effectively defending the City or Other Indemnified Person against such

Claims in the reasonable judgment of the City, conduct the defense itself for the account, and at the cost, of the Operator, including any settlement of any such Claim. No such Claim involving any remaining obligation or liability to the City may be settled by the Operator without the City’s consent, which consent may be given or withheld in the unfettered discretion of the City.

9. Term. Unless terminated earlier as provided herein, this agreement shall have a term extending up to

December 31, 2024 and shall not automatically renew for any additional term.

10. Events of Default. Any of the following shall constitute an “Event of Default” under this agreement:

a. By the Operator:

1. Failure of the Operator to observe or perform any of its obligations hereunder, after specific notice by the City of such failure and the passage of 30 days after the effective date of such notice without correction, cure or remedy by the Operator.

2. Failure of the Operator to make any payment due to the City pursuant to this agreement

(except any disputed payment) and the continuation of any such failure for 15 days after the due date.

3. Misrepresentation by the Operator to the City of any material facts related to this agreement, or as to the carrying on of the Operator’s responsibilities hereunder from time to time, and the passage of 30 days after specific notice by the City asserting such misrepresentation.

b. By the City:

1. Failure of the City to make any payment due to the Operator pursuant to this agreement

(except any disputed payment) and the continuation of any such failure for 15 days after the due date.

2. Failure of the City to observe or perform any of its obligations hereunder, after specific notice by the Operator of such failure and the passage of 30 days after the effective date of such notice without correction, cure or remedy by the City.

Upon the occurrence of an Event of Default, the party not responsible for the Event of Default shall have all the rights of a non-breaching party under this agreement and applicable law, including without limitation the right to terminate this agreement and to seek all applicable damages and exercise all remedies against the party responsible for the Event of Default.

11. Advertising Arrangements. The Operator shall be responsible for all advertising placed in or upon all Vehicles while providing Services and shall be entitled to make all billings and receive all revenue accruing therefrom. Notwithstanding the parties’ recognition of the Operator’s rights to commercial free speech regarding its advertising, and recognizing that advertising on Vehicles may be mistakenly attributable to the City, the Operator agrees it will voluntarily limit such rights and not display political advertising on Vehicles, nor advertising that a reasonable viewer would construe as defamatory or derogatory to the reputation of the City or any of its employees, officials, elected representatives or constituent elements in the local community. The City will be entitled to have identification and signage placed on each Vehicle on front and back identifying the Vehicle to patrons as being in service pursuant to this agreement with the words “City of Cape May—Free Shuttle Ride” or substantially similar language as agreed to by the parties. In no event will the Operator or any driver represent to any person that the Service is operated by the City, except by contract with the

Operator. The City, at its sole cost and expense, shall be responsible for all other non-Vehicle advertising and signage, whether street-side or otherwise, related to the Services. The Operator will cooperate with the City’s placement of additional signage on vehicles to draw further attention to City sponsored free transportation. Any additional signage provided by the City shall remain the property of the City and will be returned at the conclusion of the contract.

12. Rating Criteria

a. The City is conducting this procurement as a competitive contract in accord with

N.J.S.A. 40A:11-4.1 et seq.

b. As such the vendor will be awarded based upon the most advantageous vendor price and other factors considered.

c. Technical _______%

d. Manager________%

e. Cost_____________%

f. Weights will be announced at the time of opening.

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13. Miscellaneous.

a. Notices. All communications in order to be considered as “notices” under this agreement shall be in writing delivered by (i) United States First Class mail, (ii) courier service, or (iii) personally, in each case to the addresses of the parties herein first set forth above, or in each case as subsequently changed by notice, or (iv) e-mail to addresses previously specified by the parties in writing or as subsequently changed by notice. Notices may be given orally by telephone or in person, provided any such notice is confirmed within 24 hours by means provided in the preceding sentence. Notices are effective upon receipt where confirmation of delivery is available or otherwise on the second business date after mailing or the next business day after e-mailing. In the case of the City, all notices shall be addressed to the City Manager or the person delegated in writing by the City Manager (and notified to the Operator) to receive notice.

b. Certain Reports. The Operator shall monitor and provide to the City upon request a written report setting forth the dates of operation and passengers carried for each such date in such month and any other information in such format as the City may reasonably request, including examples of advertising materials, demonstrating the Operator’s substantial compliance with its obligations under this agreement or pertinent to the provision of the Services.

c. Amendments and Waivers. All amendments to this agreement shall be made only in a writing signed by both parties to this agreement. All waivers to breaches, non-performance or defaults under this agreement shall be in writing and signed by the party entitled to enforce such matters.

d. Third Party Beneficiaries. This agreement is made solely for the benefit of the parties hereto, and no other person shall have the right or standing to enforce or assert any interest in this agreement, except for any Other Indemnified Person referred to in Section 8.

e. Governing Law. This agreement shall be construed according to, and be governed exclusively by, the laws of the State of New Jersey without reference to any conflict of laws doctrine of such

State and as a contract to be entered into, and performed wholly within, such State. Any action to enforce or interpret the Agreement shall have venue in Superior Court of New Jersey, Cape May

County.

f. Certain Representations. Each of the parties hereto represents to the other that this agreement, when executed and delivered by the parties, has been duly authorized by all necessary action and authority of such party, has been duly and validly executed and delivered by such party, constitutes the legal, valid and binding obligation of such party, and, when performed in accordance with its terms, will not breach, conflict with or violate any law, rule or regulation or any charter, by-law, other constituent instrument or contract or other undertaking applicable to, or binding on, such party.

g. Independent Contractor. At all times during the performance of this agreement, the Operator shall be considered an independent contractor, and no driver of Vehicles or other person associated with the Operator shall be deemed an employee, agent or representative of the City for any purpose whatsoever.

h. Successors and Merger. This agreement shall be binding on the parties and their permitted legal successors and assigns; provided that no assignment of this agreement, in whole or in part, may be made by the Operator without the prior written consent of the City, which consent shall not be unreasonably refused or delayed. This agreement represents the full, complete and final understanding of the parties as to its subject matter and supersedes all prior exchanges, discussions or understandings, whether written or oral.

i. Annexes. The Annexes, including any supplements, to this agreement shall be considered an integral part hereof as if set forth at length in the body of the agreement.

Bidder Information and Cost Proposal

Bidder Information

Bidder:

Address:

Attn:

Title (President, Manager, etc.):

Telephone:

Cost Proposal

*Cost shall be bid on price per vehicle, per day, per season*

2024 Per Shuttle Vehicle Cost: _____________________

Cost Written Out: ____________________________

Date: By:

[Print below name & title of bidder representative signing this form]

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ANNEX 1

Description of Route (s)

It is understood that, upon 48 hours’ notice to the Operator, the City, in its sole discretion, may make modifications to any route or add or subtract routes, including the number and location of stops (collectively, “Modifications”), provided that no Modification of a route shall require any Vehicle to travel outside the limits of the City, and provided further that notwithstanding any Modification by the City, the Operator shall not be obligated to furnish more than the overall number of Vehicles assigned to provide Services at the time and that with respect to any Modification, unless agreed to by the Operator, the Operator does not represent or warrant that any particular Service frequency can be attained or maintained.

Modifications shall be evidenced in writing and maintained as supplements to this

Annex.

Description of Route

Start: Cape May Elementary School parking lot to Madison Ave.

Left on Michigan Avenue which turns into Indiana Ave

Left on West and then Right onto Massachusetts

Turn right onto Texas Avenue which turns into Pittsburgh Ave.

Right turn onto Beach Ave.

Right turn on Broadway

Right turn on Perry Street

Left turn on Lyle Lane

Left turn on Decatur St.

Right turn on Lafayette St

End: Left turn back to Cape May Elementary School parking lot

ANNEX 2

[Required Insurance Coverages]

The City requires a combined single limit of $1,000,000.00 for bodily injury and property damage.

Insurance must be supplied prior to award of contract.

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Technical criteria: RATER NAME:

(Max Points _) 1 Pt = Poor Response, 3 Points = Average Response, 5 Pts

= Concise and Superior Response

Vendor Name:

(1) Does the vendor's proposal demonstrate a clear understanding of the scope as listed in the minimum qualifications?

(2) Is the vendor's proposal complete and responsive to the specific requirements for service as requested?

(3) Has the past performance of the vendor's experience and qualifications been documented and proposed?

(4) Does the vendor's proposal use innovative technology and techniques that set them apart from other proposals?

Sub Total Technical 0

Management criteria:

(Max Points __) 1 Pt = Poor Response, 3 Points = Average Response, 5 Pts

= Concise and Superior Response

Vendor Name:

(1)How well does the proposed scheduling timeline meet the contracting unit's needs?

(2)Is there a project management plan?

(3)Does the vendor document the qualifications of its personnel to a greater degree of expertise than other proposals?

Sub Total Managerial 0

Cost criteria:

(Max Points __) 1 Pt = Poor Response, 3 Points = Average Response, 5 Pts

= Concise and Superior Response

Vendor Name:

(1)How well does the proposed scheduling timeline meet the contracting unit's needs?

(2)Is there a project management plan?

(3)Does the vendor document the qualifications of its personnel to a greater degree of expertise than other proposals?

SUB TOTAL COST 0

Final Rater Score 0

City of Cape May

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 Address

Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS

OR LLC MEMBERS LISTED IN PART II

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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% 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.

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

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.

Stockholder/Partner/Member and

Corresponding Entity Listed in Part II

Address

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 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 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:

NON-COLLUSION AFFIDAVIT

State of _____________

County of _____________ ss:

I, _________________________________________ of the City of ______________________________ in the County of _____________________ and 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 bidder making this Proposal for the above named project, and that I executed the said proposal with full authority so to do; 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 of Cape May relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said project.

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

(name of contractor)

(N.J.S.A. 52:34-15)

Subscribed and sworn to before me this _______day of ___________, _______.

Signature

(Type or print name of affiant under signature)

Notary public of

My Commission expires ___________________.

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A.

EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE

N.J.S.A. 10:5-31 and N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

All successful bidders are required to submit evidence of appropriate affirmative action compliance to the City of

Cape May and Division of Public Contracts Equal Employment Opportunity Compliance. During a review, Division representatives will review the City of Cape May’s files to determine whether the affirmative action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor shall submit to the City of Cape May, prior to execution of the contract, one of the following documents:

Goods and General Service Vendors

1. Letter of Federal Approval indicating that the vendor is under an existing Federally approved or sanctioned affirmative action program. A copy of the approval letter is to be provided by the vendor to the City of Cape May and the Division. This approval letter is valid for one year from the date of issuance.

Do you have a federally-approved or sanctioned EEO/AA program? Yes No

If yes, please submit a photo static copy of such approval.

2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with N.J.A.C.

17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the City of Cape May as evidence of its compliance with the regulations. The Certificate represents the review and approval of the vendor’s Employee

Information Report, Form AA-302 by the Division. The period of validity of the Certificate is indicated on its face.

Certificates must be renewed prior to their expiration date in order to remain valid.

The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division website www.state.nj.us/treasury/contract_compliance.

The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of

N.J.S.A. 10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms of evidence.

The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.

COMPANY: ____________________________ SIGNATURE: __________________________

PRINT NAME: __________________________TITLE: ________________________________

DATE: __________________

http://www.state.nj.us/treasury/contract_compliance

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

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

N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

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

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

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

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

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the

Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to meet targeted Township employment goals established in accordance with N.J.A.C. l7:27-5.2.

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

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of

New Jersey, and applicable Federal law and applicable Federal court decisions.

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

Letter of Federal Affirmative Action Plan Approval

Certificate of Employee Information Report

Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance)

The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public

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

AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability

The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990

(the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.

The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, if any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.

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

It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement.

Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

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Pursuant to N.J.S.A. 52:32-44, The City of CAPE MAY (“Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

During the course of contract performance:

(1) the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

(2) the contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.

(3) the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the

Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A.

54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609)292-6400. Form NJ-REG can be filed online at http://www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.

Emergency Purchases or Contracts

For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate within two weeks from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.

THESE ARE SAMPLES OF THE ONLY ACCEPTABLE

BUSINESS REGISTRATION CERTIFICATES.

FAILURE TO POSSESS A NEW JERSEY BUSINESS REGISTRATION CERTIFICATE

WILL BE CAUSE FOR REJECTION OF YOUR BID RESPONSE

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Disclosure of Investment Activities in Iran

Bidder Name: __________________________________________________________

Part 1: Certification

BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX.

Pursuant to Public Law 2021, c. 4, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury's

Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the

Division's website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the below certification. Failure to complete the certification may render a bidder's proposal non-responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and 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.

CHECK THE APPROPRIATE BOX:

I certify, pursuant to Public Law 2021, c. 4, that neither the bidder listed above nor any of the bidder's parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2021, c. 4 ("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. I will skip Part 2 and sign and complete the Certification below.

OR

I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department's Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below sign and complete the Certification below. Failure to provide such will result in the proposal being rendered as nonresponsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.

Part 2: Additional Information

PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN. You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activates in Iran on additional sheets provided by you.

Part 3: Certification

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 CITY is relying on the information contained herein and thereby acknowledge 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 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, and 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 CITY and that the CITY at its option may declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): _________________________________________________ Title: ______________________

Signature: ________________________________________________Date: ______________________ http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

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ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

ADDENDUM

NUMBER

DATE

ACKNOWLEDGE RECEIPT

(Initial)

By:

(Signature of Authorized Representative)

Name:

(Print or Type)

Title:

Date:

FORM NOT REQUIRED IF NO ADDENDA ISSUED

Acknowledged for:

(Name of Bidder)