essex Boilerplate_113951.pdf

NOTIFICATION

Every bid must be enclosed in a sealed envelope with the following information clearly written on the face of the envelope:

Bid Number;

Title of Bid;

Date of Bid;

and Opening Time of Bid.

The County of Essex disclaims any responsibility for bids forwarded by regular or overnight mail, or courier service. If the bid is sent by courier service, the designation above must also appear on the outside of the courier service company envelope or package. Bids received after the time of the scheduled opening will be returned unopened.

NO DOUBLE-SIDED BID PACKETS WILL BE

ACCEРTED

BIDDER MUST SUBMIT ONE (1) ORIGINAL

AND TWO (2) COPIES

BIDS WILL BE OPENED AT THE OLD

CAFETERIA IN THE HALL OF RECORDS

ACROSS FROM THE OFFICE OF

PURCHASING ROOM 335

Revised 2/4/26 BP

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COUNTY OF ESSEX, NEW JERSEY

O

F ESSEXCO

UN

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NEW JERSEY

REQUEST FOR

COMPETITIVE CONTRACT PROPOSALS

FOR

Competitive Contract # 26-178

Provide Management and Day to Day Operation of the Essex

County Community Transportation System

SUBMISSION DEADLINE DATE AND TIME: October 07, 2026, at 11:00 AM

REQUESTING AGENCY: Division of Senior Services/Transportation

CONTACT PERSON: Office of Purchasing

Fax: 973-621-5109

NOTE: All questions are to be submitted in writing to the Office of Purchasing (via fax #973-621-5109 or email at procurequestions@admin.essexcountynj.org) no later than 4:30 PM at the end of business day, eight (8) business days prior to the proposal submission deadline (due date). The competitive contract number with the title must be in the email subject line. The specific page number and section each question refers to must be indicated.

Only questions received by the Office of Purchasing will be answered and be considered official.

ESSEX COUNTY

If the box contains a vendor submit the executed form. If a

☐vendor must read.

DOCUMENT CHECKLIST

Page

Π General Information

Σ Vendor Certification - sign 6

Σ Non-Collusion Affidavit Form - sign and notarize

Stockholder Disclosure Certification Form - sign and notarize 8-10

X Hold Harmless Agreement

Σ Statement of Certain Political Contributions complete, sign and seal 12

Σ Applicant's Qualifications and Representations - complete 13-18

Σ Insurance Requirements and Consent Of Insurance Coverage - sign and notarize 19-20

Σ Applicant/Proposer's Affidavit - complete and sign 21

Σ Disclosure Statement

□ General Provisions 23-29

Π Mandatory Equal Employment Opportunity Language Exhibit A - read 30-31

Σ Affirmative Action Language Acknowledgement Form - sign 32-33

Π Americans with Disabilities Act of 1990 Language - sign

Σ Business Registration Certificate Form (as directed on page 33) 35-36

Σ Disclosure of Investment Activities in Iran - Complete and Sign

Σ Non-Involvement in Prohibited Russia-Belarus Activities

- Complete and Sign 38

Σ Addenda Acknowledgement Form - sign 39

Σ Consent to Extension of Time for Proposal Consideration 40

☑ Authorization and Release- sign

Σ Vendor's Information Sheet - Complete 42

Σ Specifications and Proposal Forms 43 (+)

☐- means read the item(s) Bidder Signature:

☑ - means provide the required form(s)

Please initial each item below once executed

GENERAL INFORMATION

The County of Essex is soliciting proposals under the COMPETITIVE CONTRACTING provisions of the Local Public Contract Law (N.J.S.A. 40A: 11-4.1 et seq.) for: CC # 26-178

SUBJECT OF RFP:

REQUESTING AGENCY:

AGENCY CONTАСТ:

To Provide Management and Day to Day Operation of the Essex County Community Transportation System

Division of Senior Services/Transportation

Fax#: 973-621-5109

Purchasing Office, Hall of Records, Room 335

465 Dr. Martin Luther King, Jr. Blvd.

Newark, New Jersey 07102

This Competitive Contract Request for Proposal (RFP) document may be obtained from:

Essex County Office of Purchasing

County of Essex/Hall of Records/Room 335

465 Dr. Martin Luther King, Jr. Blvd.

Newark, NJ 07102 or downloaded from the County's Purchasing Web Portal located at:

http://essex-countynj.org/procure/index.php

All proposals are to be sealed and clearly marked on the outermost packaging or envelope with the project name and number (see cover page), and must be received by mail or other method of delivery by no later than the submission deadline date and time so stated on the cover of this document.

Sealed proposals sent in response shall be opened at the prevailing time and date stated as deadline. All proposals received after that date shall be rejected. The County, at its option, reserves the right to reject any and all proposals in compliance with the Local Public Contracts Law and other applicable laws. It is expected that contracts will be recommended by the administration to the Essex County Board of County Commissioners within sixty (60) days of receipt of proposals or as otherwise contained in the RFP. Please refer to "Consent to the

Extension of Time for Proposal Consideration" form enclosed.

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

(a) Relevant records of private vendors or other persons entering into contracts with covered entities are subject to audit or review by OSC pursuant to N.J.S.A. 52:15C-14(d).

(b) As of November 15, 2010, all covered entities shall insert the following language in any new contract: "(The contract partner) shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey

Office of the State Comptroller upon request."

PROPOSAL ACTIVITIES:

1. Timetable:

RFP Release:

Proposer's Conference:

Submission Deadline for Receipt of Proposal:

2. Proposers' Conference

September 08, 2026

N/A

October 07, 2026, by 11:00 am

If applicable, a Proposer's Conference will be held on (See above "Timetable"). All interested proposers are invited to attend; however, each proposer is requested to send no more than two representatives to the Conference. Specific questions concerning the RFP shall be submitted in writing to the Agency Contact person prior to the Conference so any misconceptions can be clarified at the Conference; however, answers may be deferred and provided subsequently.

3. Submissions of Proposals

To facilitate the evaluation process, proposer is to submit one (1) original and two (2) copies of the proposal and any supporting documentation. Additional copies may be requested at a later date for the selected proposal.

Proposals must be received by 11:00 a.m. on (See Submission Deadline Date and Time on cover).

Proposer mailing their proposals should allow sufficient mail delivery time to ensure receipt of their proposals by the deadline. Delivery is the sole responsibility of the proposer.

Proposals are to be delivered or sent to:

Hall of Records, Room 335

465 Dr. Martin Luther King Jr. Blvd.

Newark, New Jersey 07102

4. Restriction on Contact with County Employees

From the issue date of the RFP until a determination is made regarding the selection of a proposal, all contacts with county employees on this matter must be cleared by the Agency Contact person.

Proposer shall not approach County personnel with respect to employment during this period.

5. Security of Proposals

The content of each proposal will be held in strictest confidence and no details of any proposal wil1 be discussed with other proposer or anyone other than those employees or consultants of the County involved in the evaluation process.

6. Prime Contractor Responsibilities

In the event that a proposal includes the performance of work by another vendor or organization, it shall be mandatory for the prime contractor (i.e., the successful Proposer) to assume full responsibility for such tasks specified in the Proposal. The County will contract only with the successful Proposer. The County will consider the prime Contractor to be the sole contract with regard to all provisions of the proposal. Payment of all charges resulting from the negotiated contract shall be the Prime Contractor only.

7. Incurring Costs

The County of Essex is not liable for any cost incurred by Proposer in the preparation of proposals or for any work performed prior to the approval of an executed contract.

8. Notification of Selection

After the successful proposal has been selected, all Proposers will be notified of the results. The name of the successful Proposer will be disclosed. Upon selection, the successful Proposer will be invited to negotiate a contract with the County. The contents of the selected proposal, subject to possible updating due to negotiations, together with this RFP and any formal questions and answers disseminated during the proposal process will be incorporated with and made a part of the final contract as developed by the County. Should negotiations fail to result in a signed contract within two weeks, the County reserves the right to terminate negotiations and select the next most responsive Proposer.

9. Type of Contract Anticipated

The County expects to enter into a contract subject to the approval of the Essex County Board of

County Commissioners, whose general terms are specified in Appendix A. The conduct of the work described in this RFP is to be on either a "fixed fee" or "time and materials, not to exceed" basis.

10. Performance Period

Thirty-six (36) months commencing on January 1, 2027, and ending on December 31, 2030, with two (2) optional twelve (12) month extensions, if awarded by the Essex County Board of County

Commissioners.

11. Basis of Award

The award of a contract will be made to that proposer whose proposal is deemed to be most advantageous to the County, cost and other factors considered. The County reserves the right to reject any or all proposals and to request clarifications or additional information pursuant to N.J.S.A.

40A:11-13.2.

12. Open Public Records Act

Respondents should be aware that responses to this Competitive Contract request will be available, upon request, for public inspection. The County, as an instrumentality of the State of New Jersey, is subject to the

New Jersey Open Public Records Act (N.J.S.A. 47:1A-1) and New Jersey Right-to-Know statutory law and relevant case law.

I, VENDOR CERTIFICATION

am duly authorized representative of

(Hereinafter referred to as "Vendor") which has submitted a proposal to provide the following services to the County of Essex (hereinafter referred to as "County")?

I have reviewed and I am aware of the representations made by the Vendor to the County in its proposal for said contract, dated

I am also aware that the County will rely upon said representations in the award of said contract and I certify that said representations made by the vendor are true and accurate.

DATE: SIGNATURE:

State of New Jersey

County of

NON-COLLUSION AFFIDAVIT

SS:

I, (name of affiant) in the County of residing in (name of municipality)

_of full age, beingand State of duly sworn according to law on my oath depose and say that:

I am of the firm of

(title or position) (name of firm) the bidder making this Bid for the bid entitled

(title of bid) and that I executed the said Bid 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 Bid and in this affidavit are true and correct, and made with full knowledge that the County of Essex relies upon the truth of the statements contained in said Bid 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 established commercial or selling agencies maintained by

Subscribed and sworn to before me this day of

Notary Public

My Commission expires:

(seal)

Signature

(Type or print name)

STATEMENT OF OWNERSHIP DISCLOSURE

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

Partnership Limited Partnership

Other (be specific):

Limited Liability Company (LLC)

Limited Liability Partnership (LLP)

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% 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 County of Essex 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 County of Essex to notify the County of Essex 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 County of Essex to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

Subscribed and sworn to before me this day of

Notary Public

My Commission expires

(seal)

BETWEEN:

HOLD HARMLESS AGREEMENT

The County of Essex

Hall of Records

465 Dr. Martin Luther King, Jr. Blvd.

Newark, NJ 07102

AND

Contractor's Name

Address - not a post office box

Telephone Number; Fax Number; & e-mail address

It is understood and agreed the Contractor is:

1. An independent Contractor and not an employee of the County of Essex.

2. The Contractor agrees to indemnify and hold harmless the County of Essex, the Essex County Board of County Commissioners, and all of its respected elected officials, officers, agents and employees of and from and against any and all liability for damages for injury to person and property, including death, and from and against all suits and actions and all costs, damages and charges of whatsoever kind and nature, including attorneys' fees to which they or any of them may be put for, or on account of, any injury or alleged injury to person, including death, or property, resulting from the performance of the Contractor's operations under this contract, or by or in consequence of any neglect or omission on the part of the Contractor in the performance of operations under this contract, whether such operations, or the absence thereof, be by the Contractor or anyone directly or indirectly contracted with or employed by the Contractor.

3. The Contractor shall hold the County of Essex harmless for damages to the Contractor's equipment utilized during the term of this contract.

S/

President, Vice President or Signature of Authorized Representative

Print Name Title

Date

STATEMENT OF CERTAIN

POLITICAL CONTRIBUTIONS MADE AFTER JULY 11, 1986

(This statement is part of the proposal packet)

Ordinance Number 0-86-0007, as amended by Ordinance Number 0-95-0003, adopted by the Board of County Commissioners of the

County of Essex, requires that all proposals for negotiated contracts submitted by individuals and/or business entities seeking to provide goods or to perform services for the County of Essex shall contain a statement setting forth each political contribution by them of $500.00 or more made within five years next preceding the date of said contract, either directly or indirectly, to any County elected political official, County political party and/or County official, political organization, or any State political party.

Set forth name of County elected official, County political party and/or County official, political organization, or State political party to whom a political contribution of $500.00 or more was made by proposers within five (5) years of the date hereof.

If none, write "none".

Name

Proposer:

By:

(Signature)

Name of Signatory:

(Print or Type)

Amount

APPLICANT/PROPOSER'S QUALIFICATIONS AND REPRESENTATIONS

The Applicant/Proposer makes the following statements and representations as part of the Proposal:

1. Applicant/Proposer (firm name or individual):

2. Address:

3. Federal Employee Identification Number:

4. How long have you been in business?

5. How long at present address?

6. If incorporated, state date of incorporation and in what state incorporated in and designate whether you are a Not-For-Profit corporation or other classification. (If not a domestic corporation, attach a copy of the Certificate of Authority issued by the Secretary of State of New Jersey pursuant to the

General Corporation Law).

7. List below names and addresses of all officers of the Corporation (attach additional sheet(s) if necessary):

Name Address Title

7a. List below the names and addresses of all members of the Board of Directors.

Name Address Title

7c. Has any corporation, partnership, association or individual, other than the stockholders(s) herein set forth upon the Stock Holder Certificate, any beneficial interest, directly or indirectly in the stock held by said stockholders?

yes no

If answer is "yes", state the name and address of the corporation, partnership, association or individual having such beneficial interest and specify the nature of such interest. If such beneficial interest is held by a corporation, attach rider giving answer as required in questions 1 through 7b with respect to that corporation.

8. Are you a partnership?

If so, list names and addresses of all partners (attach additional sheet(s) if necessary):

9. If you are doing business under a trade name, give state and county in which certificate if filed.

10. Average number of employees:

11. Have you ever bid or submitted a proposal on County of Essex business under another name?

If the answer is yes, list below the name or names:

12. Have you any outstanding bids or proposals for contracts with the County of Essex?

answer is yes, list them.

Subject Requesting Agency

If the

13. Have you any current contract awards from the County?

please list them including the amount of the award.

If the answer is Yes, Subject Amount Awarding Agency

14. Describe any other contracts for professional services which you have entered into within the past three (3) years beginning with the most recent to least recent (include agency or department name, brief description of the department contact person's name and telephone number). Applicant need not provide more than five (5) such descriptions. Attach additional sheets(s) as required.

15. Bank references.

16. Submit a copy of your most recent reviewed financial statement.

17. That the Applicant/Proposer and each person signing on behalf of any Applicant/Proposer certifies, and in the case of a joint proposal, each parry thereto certifies as to its own organization, under penalty of perjury, that to the best of his/her knowledge and belief:

(a) The prices in the proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices with any other proposer or with any competitor,

(b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the Applicant/Proposer and will not knowingly be disclosed by the

Applicant/Proposer prior to opening, directly or indirectly, to any other Applicant/Proposer or to any competitor;

(c) No attempt has been made or will be made by the Applicant/Proposer to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition;

(d) That no commissioner or other officer or employee or person whose salary is payable in whole or in part from the County Treasury is directly or indirectly interested in the proposal, or in the supplies, materials, equipment, work, or labor to which it relates, or in any of the profits thereof;

(e) That said Applicant/Proposer is not in arrears to the County of Essex upon any debt or contract, and is not a defaulter, as to surety or otherwise, upon any obligation to the County of Essex, and has not been declared not responsible, or disqualified, by an agency of the County of Essex or State of New Jersey. Nor is there any proceeding pending relating to the responsibility or qualification of the Applicant/Proposer to receive public contracts except:

(if none, Applicant/Proposer will insert "none").

18. That the Applicant/Proposer, if an individual, is of lawful age; that the Applicant/Proposer is the only one interested in this proposal; and that no person, firm or corporation other than that named has any interest in the be taken.proposal, or in the contract proposed to

19. That the Applicant/Proposer fully understands and submits its proposal with the specific knowledge that:

(a) All proposals must be approved by the County of Essex.

(b) In the event Applicant/Proposers proposal is accepted and receives all necessary approvals, the proposal will be incorporated into a contract containing provisions provided by the County of

Essex, and that the resultant contract must be approved as to form by the County Counsel of the

County of Essex, and approved by the Board of County Commissioners of the County of Essex (if in an amount of $21,000.00 or more)

APPLICANT/PROPOSER'S 'QUALIFICATIONS AND REPRESENTATION

20. That the Applicant/Proposer certifies that it is duly licensed to do business in the State of New Jersey and will provide with the proposal all licenses necessary to perform their duties in the State of New Jersey and to obtain necessary insurance coverage as directed by the County of Essex.

21. That the Applicant/Proposer will not alter the personnel assignments shown in the proposal without written consent of the County.

STANDARD GOODS AND SERVICES AGREEMENT INSURANCE REQUIREMENTS

Provider of Goods and Services, please promptly give this to your broker

These requirements constitute the Contract Insurance requirements

Throughout the life of this Contract, the Provider of Goods and Services shall pay for and maintain in full force and effect with an insurance company(s) (Company) admitted by the New Jersey Department of Banking & Insurance to do business in the State of New Jersey and rated not less than "A- VIIl" in Best Insurance Key Rating Guide, the following policies of insurance:

REQUIRED COVERAGES - the following may be provided through a combination of primary and excess policies in order to meet the minimum limits set forth below:

1. Workers' Compensation and Employer's Liability:

Provided in the State of New Jersey and elsewhere as may be required and shall include:

a) Workers' Compensation Coverage:

b) Employers Liability Limits not less than:

Bodily Injury by Accident:

Bodily Injury by Disease:

Bodily Injury by Disease:

Statutory Requirements

$1,000,000 Each Accident

$1,000,000 Each Employee

$1,000,000 Policy Limit

2. Commercial General Liability:

Occurrence Form with the following limits:

a. Each Occurrence:

b. General Aggregate

Products/Completed Operations

$1,000,000

$2,000,000

(1) Each Occurrence $1,000,000

(2) General Aggregate $2,000,000

(3) Personal/Advertising Injury $1,000,000

3. Automobile Liability:

When autos are used in conjunction with contracts/agreements with Essex County entities coverage must include All Owned, Hired and Non-Owned Vehicles.

a. Per Accident Combined Single Limit

4. Indemnification:

5.

6.

$1,000,000

Provider of Goods and Services shall indemnify and hold harmless, the County, and the County's respective members, elected officials, employees, agents and representatives from and against claims, damages, losses, demands, suits, actions, recoveries, judgments, and costs and expenses, arising out of or resulting from performance of work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property but only to the extent caused by the negligent acts or omissions of the Provider of Goods and Services, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, expense, is caused in part by any Indemnified Parties.

Deductibles/Self-Insured Retentions:

Deductibles and Self-Insured Retentions must be declared. Provider of Goods and Services shall not have a Deductible or Self Insured Retention (SIR) on any policy greater than $25,000. Higher values must be approved by the County Risk Manager.

Additional Insureds:

The following shall be added as ADDITIONAL INSUREDS on all liability policies (except Workers' Compensation and Professional Liability Policy, where applicable), for ongoing operations and completed operations on a primary noncontributory basis;

The County of Essex, New Jersey, including all Departments, Boards, Committees, Commissions or Other

Entities Established by Them or Operating Under Their Control and All Employees, Trustees, Commissioners, Committee Members, Aides, Advisory Board Members, Elected and Appointed Officials, Volunteers and Students While Acting Within the Scope of Their Duties On Behalf of The County of Essex, New Jersey.

7. Additional Insurance Requirements:

a.

b.

C.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except that after thirty (30) days' prior to written notice by certified mail, return receipt requested, has been given to the County. The Insurer shall provide the County with notification of any cancellation, non-renewal, major change, modification or reduction in coverage.

Regardless of these contract minimum insurance requirements, the Provider of Goods and

Service's and its insurer shall agree to commit the Provider of Goods and Service's full policy limits and these minimum requirements shall not restrict the Provider of Goods and Service's liability or coverage limit obligations.

The Provider of Goods and Services shall furnish the County of Essex with the Insurance

Certificates and applicable Endorsements for all required insurance, prior to the County's execution of the Agreement and start of work. Proper Address for Certificates, Endorsements and Notices shall be:

County of Essex

Risk Management Department - Hall of Records/Room 510

465 Dr. Martin Luther King Blvd.

Newark, NJ 07102

Provider of Goods and Services shall waive all rights of recovery against the County and all the additional insured's for loss or damage covered by any of the insurance maintained by the Provider of Goods and Services, where applicable by law.

PRINCIPAL:

Sworn to and subscribed before me on this day (Bidder/Respondent's Company Name) of 20

NOTARY PUBLIC

(Authorized Signature on Behalf of the Principal)

(Print Name)

INSURER:

(Insurer's Company Name)

(Authorized Signature on behalf of the Insurer)

APPLICANT/PROPOSER'S AFFIDAVIT

The following affidavit must be subscribed and sworn to before a Notary Public or Commissioner of

Deeds. (If the applicant is an individual he must be the subscriber; if applicant is a partnership, one of the partners must be the subscriber; if applicant is a corporation, the affidavit must be subscribed by an officer of the corporation who must state what office he holds).

STATE OF NEW JERSEY

SS:

COUNTY OF

AFFIDAVIT

The undersigned hereby certifies to the truth and accuracy of all statements, answers and data contained in this proposal and application, and hereby authorizes the County of Essex to make any necessary examination or inquiry in order to make a determination as to his qualifications and responsibility. The undersigned has examined all parts of the Request for Proposal and understands that it is completely discretionary with the County officials whether to accept, reject, or negotiate its proposal submitted pursuant thereto.

Signature of Applicant

Print/Type Name

Title

Sworn to before me this day of , 20☐

Notary Public or Commissioner of Deeds

DISCLOSURE STATEMENT

The attention of prospective vendors is drawn to the provisions of the Local Govermment Ethics Law (N.J.S.A. 40A:9-22-1, et seq.)

which prohibits a County Officer or employee or member of his/her immediate family from having an interest in a business organization or engaging in any business transaction, or professional activity which is in substantial conflict with the proper discharge of his/her duties in the public interest.

In furtherance thereof, every vendor must disclose below, being an Essex County officer or employee or whether an immediate family member is an Essex County officer or employee. If the vendor is a business organization, then disclosure shall be made with respect to anyone having an interest in the business and their immediate family members.

Please answer the following:

Is the vendor or a member of the vendor's immediate family, or anyone having an interest in the vendor's business organization including their immediate family members, an officer or employee of Essex County?

NO

S

YES

* President, Vice President or Signature of

Authorized Representative

Print Name

Title

If yes, provide the name of the individual and identify the position held, below, and notify in writing the Office of County Counsel, Hall of Records, 465 Dr. Martin Luther King, Jr. Blvd., Room 535, Newark, NJ 07102. (Attach a copy of the correspondence to this form).

NOTE: All terms used herein are to be construed in accordance with their meaning under the Local Government Ethics Law, cited above.

APPENDIX A

GENERAL PROVISIONS GOVERNING CONTRACTS FOR CONSULTANTS

1. DEFINITIONS

PROFESSIONAL AND TECHNICAL SERVICES

As used throughout this Agreement, the following terns shall have the meaning set forth below:

А. "County" shall mean the County of Essex.

B. "Controller" shall mean the Controller of the County of Essex.

C. "Law" or "Laws" shall include, but not be limited to, the Essex County Administrative Code, and any County ordinance, rule or regulation having the force of law, laws and regulations of the State of New Jersey and of the

United States.

REPRESENTATIONS AND WARRANTIES2.

2.1

A.

2.2

2.3

B.

A.

Procurement of Agreement

The Contractor represents and warrants that no person has been employed or retained to solicit or secure this

Agreement upon an agreement or understanding for a commission, percentage, brokerage fee, contingent fee or any other compensation. The Contractor further represents and warrants that no payment, gift or thing of value has been made given or promised to obtain this or any other agreement between the parties. The Contractor makes such representations and warranties to induce the County to enter into this Agreement and the County relies upon such representations and warranties in the execution hereof.

For a breach or violation of such representations or warranties, the County shall have the right to annul this

Agreement without liability, entitling the County to recover all monies paid hereunder and the Contractor shall not make claim for, or be entitled to recover, any sum or sums due under this Agreement. This remedy, if effected, shall not constitute the sole remedy afforded the County for the falsity or breach, nor shall it constitute a waiver of the

County's right to claim damages or refuse payment or to take any other action provided for by law or pursuant to this Agreement.

Conflict of Interest

The Contractor represents and warrants that neither it nor any of its directors, officers, members, partners or employees, has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Contractor further represents and warrants that in the performance of this Agreement no person having such interest or possible interest shall be employed by it.

Fair Practices

The Contractor and each person signing on behalf of any contractor represents and warrants and certifies, under penalty of perjury, that to the best of its knowledge and belief:

The prices in this contract have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

B. Unless otherwise required by law, the prices which have been quoted in this contract and in the proposal submitted by the Contractor have not been knowingly disclosed by the Contractor prior to the proposal opening, directly or indirectly, to any other bidder or to any competitor, and

C. No attempt has been made or will be made by the Contractor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

The fact that the Contractor (a) has published price lists, rate, or tariff's covering items being procured, (b) has informed prospective customers of proposal or pending publication of new or revised price lists for such Items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of the above.

3. AUDIT BY THE COUNTY

3.1 The Contractor covenants and agrees that it shall make its records available to the County Purchasing Director and

Controller as they consider reasonably necessary to evaluate its charges and work.

3.2 The Contractor shall not be entitled to final payment under the Agreement until all requirements of the County for payment have been satisfactorily met.

4. COVENANTS OF THE CONTRACTOR

4.1 Employees

A.

4.2

4.3

None of the experts or consultants or employees of the Contractor who are employed by the Contractor to perform work under this contract are employees of the County. Nothing in this contract shall impose any liability or duty on the County for the acts, omissions, liabilities or obligations of the Contractor or any person, firm, company, agency, association, corporation or organization engaged by the Contractor as expert consultant, independent contractor, specialist, trainee, employee, servant, or agent, or for taxes of any nature including but not limited to unemployment insurance, workmen's compensation, disability benefits and social security, or, except as specifically stated in this contract, to any person, fim, or corporation.

Independent Contractor Status

The Contractor represents that it is an independent contractor, and not an employee of the County, and that in accordance with such status as independent contractor the Contractor covenants and agrees that neither it nor its employees or agents will hold themselves out as, nor claim to be, officers or employees of the County, or of any department, agency or unit thereof, by reason hereof, and that they will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the County, including, but not limited to, Workmen's Compensation coverage, Unemployment Insurance Benefits, Social Security coverage or employee retirement membership or credit.

Confidentiality

A. All information obtained, learned, developed or filed in connection with welfare recipients or their relatives, including data contained in official County files or records, shall be confidential and shall not be disclosed to unauthorized persons except on written consent of the County, or as authorized or required by law.

B. All of the reports, information or data, furnished to or prepared, assembled or used by the Contractor under this

Agreement are to be held confidential, and prior to publication, the Contractor agrees that the same shall not be made available to any individual or organization without prior written approval of the County.

4.4 Books and Records

The Contractor agrees to maintain separate and accurate books, records, documents and other evidence and accounting procedures and practices which sufficiently and properly reflect, all direct and indirect costs of any nature expended in the performance of this Agreement

4.5 Retention of Records

The Contractor agrees to retain all books, records, and other documents relevant to this Agreement for six years after the final payment or termination of this Agreement, whichever is later.

4.6 Compliance with Law

4.7

A.

B.

C.

Contractor shall render all services under this Agreement in accordance with the applicable provisions of federal, state and local laws, rules and regulations as are in effect at the time such services are rendered.

Equal Employment Compliance

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 or sex.

The Contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status or sex. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates or 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 the non-discrirnination clause;

The Contractor or subcontractor, where applicable, will, in all solicitations or advertisements for employees

4.11

4.8

D.

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 or sex;

The Contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer advising the labor union or workers' representative of the Contractor's commitments under this act and shall post copies of the notices in conspicuous places available to employees and applicants for employment;

E. The Contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the

Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time.

Federal Employment Practices

Contractor and its subcontractors shall comply with all federal civil rights legislation pertaining to employment, and rules and regulations there under.

4.9 Non-Discrimination Against the Handicapped

4.10

The Contractor agrees that it will comply with all legislation prohibiting employment discrimination against the handicapped and all regulations, guidelines and interpretations issued pursuant thereto.

Assignment

A. The Contractor shall not assign, transfer, convey or otherwise dispose of this Agreement or of Contractor's rights, obligations duties, in whole or in part, or of its rights to execute it, or its right, title or interest in it or any part thereof, or assign, by power of attorney or otherwise, any of the monies due or to become due under this contract, unless the prior written consent of the County shall be obtained. Any such assignment, transfer, conveyances or other disposition without such consent shall be void.

B. Failure of the Contractor to obtain any required consent to any assignment, shall be cause for termination, at the option of the County; and if so terminated, the County shall thereupon be relieved and discharged from any further liability and obligation to the Contractor, his assignees or transferees, and all monies that may become due under the contract shall be forfeited to the County except so much thereof as may be necessary to pay the Contractor's employees.

C. The provisions of this clause shall not hinder, prevent, or affect an assignment by the Contractor for the benefit of its creditors made pursuant to the laws of the State of New Jersey.

D. This Agreement may be assigned by the County to any corporation, agency or instrumentality having authority to accept such assignment

4.12

Subcontracting

A. The Contractor agrees not to enter into any subcontracts for the performance of its obligations, in whole or in part, under this Agreement without the prior written approval of the County.

Two copies of each such proposed subcontract shall be submitted to the County with the Contractor's written request for approval. All such subcontractors shall contain provisions specifying:

1.

2.

that the work performed by the subcontractor must be in accordance with the terms of the Agreement between the County and the Contractor, that nothing contained in such agreement shall impair the rights of the County,

3. that nothing contained herein, or under the Agreement between the County and the Contractor, shall create any contractual relation between the subcontractor and the County, and

4. that the subcontractor specifically agrees to be bound by this Agreement to the same extent as the Contractor would be in perfonming such subcontracted work.

B. The Contractor agrees that it is fully responsible to the County for the acts and omissions of the subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by it

C. The aforesaid approval is required in all cases other than individual employer-employee contracts.

D. The Contractor shall not in any way be relieved of any responsibility under this Contract by any subcontract

Publicity

4.13

4.14

4.15

A. This prior written approval of the County is required before the Contractor or any of its employees, servants, agents, or independent contractors may, at any time, either during or after completion or termination of this Agreement, make any statement to the press or issue any material for publication through any media of communication bearing on the work performed or data collected under this Agreement.

B. If the Contractor publishes a work dealing with any aspect of performance under this Agreement, or of the results and accomplishments attained in such performance, the County shall have a free, nonexclusive and irrevocable right to reproduce, publish or otherwise use and to reproduce, publish or otherwise use and to authorize others to use the publication or parts thereof.

Participation in an International Boycott

A. The Contractor agrees that neither the Contractor nor any substantially owned affiliate company is participating or shall participate in an international boycott in violation of the provisions of the

Export Administration Act of 1969, as amended, or the regulations of the United States Department of Commerce promulgated there under

B. Upon the final determination by the Commerce Department or any other agency of the United States as to, or conviction of the contractor or a substantially owned affiliated company thereof, participation in an international boycott in violation of the provisions of the Export Administration Act of 1969, as amended, or the regulations promulgated thereunder, the County may, at its option, cancel this contract

Anti-Trust

The Contractor hereby assigns and transfers to the County all right, title and interest in and to any claims and causes of action arising under the anti-trust laws of the State of New Jersey or of the

United States relating to the particular goods or services purchased or procured by the County under this Agreement

Cooperation and Assistance

In the event that a claim is made or any action is brought against the County in any way relating to the performance of this Agreement, the Contractor shall, upon request, diligently render to the County any and all assistance which the County requires of the Contractor.

5. TERMINATION

5.1 Termination of Agreement

A. The County shall have the right to terminate this Agreement, in whole or in part:

1. For any reason with 30 days written notice by the Purchasing Agent.

2. For any cause specified in any section of this Agreement.

3. Upon the failure of the Contractor to comply with any of the terms and conditions of this agreement.

4. Upon the Contractor's becoming insolvent

5. Upon the commencement under the Bankruptcy Act of any proceeding by or against the Contractor, either voluntary or involuntary.

B. The County shall give the Contractor written notice of any termination of this Agreement specifying therein the applicable provisions of subsection A of this section and the effective date thereof which shall not be less than 10 days from the date the notice is received, C.

D.

The Contractor shall be entitled to apply to the County to have this Agreement terminated by the

County by reason of any failure in the performance of this Agreement (including any failure by the

Contractor to make progress in the prosecution of work hereunder which endangers such performance), if such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to: acts of God or of the public enemy, acts of Government in either its sovereign or proprietary capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, or any other cause beyond the reasonable control of the Contractor. The determination that such failure arises out of causes beyond the control and without the fault or negligence of the Contractor shall be made by the

County which agrees to exercise reasonable judgment therein. If such a determination is made and the Agreement terminated by the County pursuant to such application by the Contractor, such termination shall be deemed to be without cause.

Upon termination of this Agreement, the Contractor shall comply with County close-out procedures, including but not limited to:

1. Accounting for and refunding to the County within thirty (30) days any unexpended funds which have been paid to the Contractor pursuant to this agreement

2.

3.

Not incurring or paying any further obligation pursuant to this Agreement beyond the termination date. Any obligation necessarily incurred by the Contractor on account of this

Agreement prior to receipt of notice of termination and falling due after such date shall be paid by the County in accordance with the terms of this Agreement. In no event shall the word obligation, as used herein, be construed as including any lease agreement oral or written, entered into between the Contractor and its landlord.

Turn over to the County or its designees all books, records, documents and material specifically relating to this Agreement.

4. Submit, within ninety (90) days, a final statement and report relating to this Agreement

The report shall be made by a certified public accountant or a licensed public accountant.

E. In the event the County shall terminate this Agreement in whole or in part as provided in paragraphs 1,2, 3, or 4 of subsection A of this section, the County may procure, upon such terms and in such manner deemed appropriate, services similar to those so terminated, and the Contractor shall continue the performance of this Agreement to the…