Payroll_Services.pdf

REQUEST FOR PROPOSALS

2024-09

PAYROLL SERVICES

City of Newark

47-63 Green Street, 1st Level

Newark, NJ 07102

RELEASE DATE: April 17, 2024

DEADLINE FOR QUESTIONS: May 3, 2024

RESPONSE DEADLINE: May 9, 2024, 10:15 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/newarknj https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Newark

REQUEST FOR PROPOSALS

Payroll Services

I. Legal Notice II. Introduction

III. Instruction to Proposers IV. RFP Standard Information V. Project Details

VI. Evaluation Criteria VII. Vendor Submissions

VIII. Proposer Qualifications

Attachments:

B - Vendor Submission Forms (also available in DocuSign)

D - Letter_of_Qualification_and_Letter_of_Intent (2)

Request for Proposals #2024-09 Title: Payroll Services

1. Legal Notice

1.1. Notice

CITY OF NEWARK

DEPARTMENT OF ADMINISTRATION

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Division of Central Purchasing on

Thursday, May 9, 2024, up to and until 10:15 am (prevailing time) in the City’s electronic procurement portal at which time proposals will be opened and read in public for:

2024-09Payroll Services

Specifications and other proposal information may be obtained on the City’s electronic procurement portal: https://procurement.opengov.com/portal/newarknj.

Proposals shall be submitted via the City's electronic procurement portal:

https://procurement.opengov.com/portal/newarknj. Any proposal received after 10:15 A.M. shall not be accepted. Only electronic proposals shall be accepted.

Respondents are required to comply with N.J.S.A. 10:5-31, et seq., P.L. 1975, c. 127, N.J.A.C. 17:27-1 et seq., and all other applicable laws, regulations, or ordinances concerning affirmative action goals and equal employment opportunity.

The City of Newark reserves the right to reject any and all proposals in accordance with N.J.S.A. 40A:11-

4, 40A:11-13.2 and 40A:11-23.2, and waive minor informalities not considered material defects under

N.J.S.A. 40A:11-1 et seq.

The City of Newark will conduct and broadcast the bid opening in real time at the Division of Central

Purchasing. Respondents and the public have the option of remotely accessing and viewing the bid opening through a Zoom conference with visual and audio capability. Bidders may join the virtual bid opening using the information below:

https://zoom.us/join

Meeting ID: 279 791 7288

Passcode: 5JRCf6

If there are any questions regarding the bid opening process, please contact the Division of Central

Purchasing at 973-733-3776.

Phyllis Glanton

Interim Purchasing Agent https://procurement.opengov.com/portal/newarknj https://procurement.opengov.com/portal/newarknj

2. Introduction

2.1. Summary

The City of Newark, NJ will receive RFP responses via the City's e-Procurement Portal for 2024-09, Payroll Services. RFP responses will be received until 10:15 am on Thursday, May 9, 2024 and then publicly opened and read aloud. Any proposal received after 10:15 am shall not be accepted in

1.1. Summary

NewarkWORKS is the operational arm of the Newark One Stop Career Center and provides employment, education and training programs for Adult and Youth individuals under the Workforce Innovation

Opportunity Act (WIOA). The main office is located at 375 McCarter Highway, Newark, New Jersey.

NewarkWORKS’ activities are overseen by the Newark Workforce Development Board (NWDB), also located at 375 McCarter Highway. The NWDB provides oversight, and works as the managing partner of the One-Stop Career Center to ensure achievement of Newark’s strategic workforce plan. The Newark

Workforce Development board is seeking proposals for Payroll services for the NewarkWORKS Youth employment programs.

The objective of the Newark Youth Employment Program is to provide youth participants with opportunities to explore career interests while participating in enriching training, employment, work or experience. Additionally, the program provides local businesses, nonprofits and government agencies with an opportunity to engage with program youth in meaningful and productive work under their guidance and supervision. The Newark Youth Employment programs consist of the below programs:

• Year Round Employment & Training: Certain youth participants will be paid a stipend while enrolled in a Work Readiness or Vocational Skills Training Program.

• Work Experience Youth Participants: Certain youth participants will be paid a wage while assigned to a worksite.

• Summer Youth Work Experience Program: During the summer periods, up-to 3,500 youth participants will be enrolled in work experience, stipend, and/or training programs.

The NewarkWORKS Youth department has managed the largest Summer Youth program in the history of the city and state for consecutives year and continue to service youth participant in year-round opportunities and internships, creating a pipeline of employment-ready young people that will take advantage of a growing city.

The objective of the Summer Youth Work Experience Program (SYWEP) is to provide the anticipated

2,500 to 3,500 participants with an enriching work experience and to provide an opportunity for city youth to explore their career interests while earning an income. Moreover, the program provides local businesses, nonprofits and government agencies with an opportunity to engage youth in meaningful and productive work under their guidance and supervision. The following provides important points of information:

• Number of Participants: 2,500-3,500

• Ages 14 to 24

• Start Date: June 3, 2024

• End date: June 2, 2025

• Pay Rate: $16.00

• Services Required by this RFP Participant Data Collection & Tracking (Part

A) Payroll and Related Fiscal Reporting (Part

B)

NewarkWORK’S Youth One-Stop staff will coordinate and manage the Summer Youth Work Experience

Program. The Newark One-Stop Manager will oversee the implementation of contract deliverables and services provided by the contracted vendors, as noted below. Likewise, the Newark One-Stop Manager will work collaboratively with the Finance and Human Resources Departments to make sure that the

NewarkWORKS agency is meeting reporting requirements, providing timely information, and facilitating processes. In addition, the One-Stop Manager will work with the Youth One-Stop staff to oversee site development as described below.

1.2. POINT OF CONTACT

The Contract Administrator, OpenGov Staff at admin+newarknj@procurenow.com or (855) 680-4747 will be responsible for managing the procurement process of the RFP and is the primary point of contact for all RFP related matters.

1.3. KEY DATES

RFP Star-Ledger Ad: Wednesday, April 17, 2024

Question Submission Deadline: Friday May, 3, 2024 at 12:00 pm EST

Submission RFP Deadline: Thursday, May 9, 2024, @ 10:15am EST only electronic proposals shall be accepted.

NOTE: It is important to note that this process should be completed well in advance of the bid deadline / bid opening. DO NOT WAIT UNTIL THE LAST MINUTE. The City's electronic procurement portal will not allow electronic bids to be submitted once the deadline has passed, even if you've already started the process. The deadline is based on the countdown timer found on the OpenGov bid submission page.

2.2. Contact Information

Gina Butler

Admin analyst

47-63 Green Street

Newark, NJ 07102

Email: butlerg@ci.newark.nj.us

Phone: (973) 733-3776

Department:

Division of Central Purchasing

Department Head:

Phyllis Glanton

Interim QPA

2.3. Timeline

Release Project Date April 17, 2024

Question Submission Deadline May 3, 2024, 12:00pm

Submission Deadline May 9, 2024, 10:15am mailto:butlerg@ci.newark.nj.us tel:(973)733-3776

3. Instruction to Proposers

3.1. Project Overview

The City seeks Proposals from qualified individuals or organizations with experience providing Payroll

Services

3.2. Contract Term.

1. CONTRACT TERM 1.1. PROPOSED TERM

Subject to Newark Municipal Council Approval, the contract will start on or after June 3, 2024 and end on June 2, 2025. This contract will be paid with the Department of Labor Funds under the Workforce Innovation Opportunity Act (WIOA). Upon agreement of both parties and with the Newark Municipal Council approval, a one year contract may be executed.

TERMS AND CONDITIONS

1.2. RELEASE OF OBLIGATIONS

The release of this Request for Proposals does not constitute an acceptance of any offer, nor does such release in any way obligate the City of Newark or NWDB to execute a contract with any proposer. NWDB reserves the right to accept or reject any proposals on the basis of the conditions set forth in this RFP and to evaluate all accepted proposals on the criteria included in this procurement.

Further, depending on final budgetary considerations and constraints, NWDB reserves the right to enter into a contract for less than all of the services requested in this RFP, if budgetary constraints make it impossible for contracts to be awarded for all services described herein.

• NWDB will not be liable for costs incurred in the preparation of proposals or negotiation of contracts.

• The award of a contract for any proposed service is contingent upon the favorable evaluation of the proposal and successful negotiation of any changes to the proposal required by the NWDB

Provisions of services specified in this RFP require substantial knowledge and understanding of various Federal and State regulations.

• NWDB reserves the right to negotiate the final terms of all contracts with successful proposers. Items that may be negotiated include, but are not limited to: type and scopes of services, costs and fees, target groups, geographic goals, service levels and inclusion of activities other than those described. Likewise, NWDB also reserves the right to accept any proposal without substantive negotiation. Therefore, proposers are advised to propose their most favorable terms initially.

• NWDB reserves the right to approve all personnel assigned to this project.

• NWDB reserves the right to monitor and audit all projects for contractual terms and programmatic issues as well as compliance with accounting procedures, participant utilization, equal opportunities, Americans with Disabilities Act (ADA), and/or any other requirements mentioned in the Federal Register or as deemed necessary by the United States Departments of Labor and

Health and Human Services or New Jersey Department of Labor and Workforce Development.

1.3. PROCESS OF APPEAL

Appeals will only be considered based on proposal review procedures. No appeals related to award recommendations and amounts will be considered. A Service provider/organization, who wishes to appeal the recommendation to award or deny a contract, may submit a written appeal to the NewarkWORKS One-Stop Operator. Differences of opinion about the merits of proposals recommended for funding are not grounds for submitting an appeal.

A formal appeal is based upon the following criteria only:

1. Violations of the Act and attendant regulations;

2. Violations of City and/or NWDB ordinances/policies;

3. Failure to conduct the review process in a uniform manner thereby denying due process.

The NWDB will accept protests regarding the procurement process and selections of the contractor for a period of five (5) days following the date of notification of awards. Protests must be in writing, must state the reason for the protest, and must cite the law, rule, regulation, or practice which the protest is based on. Protest must be addressed to the Newark Workforce Development Board’s Executive Director, by email at gaylordk@ci.newark.nj.us or by certified mail to 375 McCarter Highway, Newark, NJ 07102. NewarkWORKS will respond in writing to the protester within thirty (30) days of the close of the protest period, provided the protest was received within the acceptable timeframe. The response will include the final decision on the protest and the basis for the decision.

1.4. RESERVATIONS

The City of Newark, NewarkWORKS/One Stop Career Center, and/or the Newark Workforce Development Board, reserves the rights

• To determine that any Proposal received complies or fails to comply with the terms of this RFP.

To waive any technical non-conformance with the terms of this RFP.

• Automatically disqualify proposals that are not in compliance.

• To change or alter the schedule for any events called for in this RFP upon the issuance of notice to all prospective Respondents who have received a copy of this RFP.

• To conduct investigations of any or all of the Respondents, as City of Newark, NewarkWORKS/One Stop Career Center, and/or the Newark Workforce Development Board deems necessary or convenient, to clarify the information provided as part of your proposal.

• To request additional information to support the information included in any Proposal.

• To suspend or terminate the procurement process described in this RFP at any time. If terminated, the City of Newark, NewarkWORKS/One Stop Career Center, and/or the Newark Workforce Development Board may determine to commence a new procurement process or exercise any other rights provided under applicable law without any obligation to the Respondents.

NOTE: FAILURE TO COMPLY WITH THE ABOVE WILL RESULT IN YOUR PROPOSAL BEING REJECTED.

NO EXCEPTIONS.

2. SCOPE OF WORK 2.1. SCOPE OF WORK

Request for Proposal (RFP) is issued by the City of Newark, NewarkWORKS, and the Newark Workforce Development Board (NWDB). The objective and ultimate goal is to collect enrollment data for participants of the Summer Youth Work Experience Program (PART A) and ensure participants and appropriate tax parties are paid properly and in a timely fashion (PART B).

SCOPE OF WORK - PART A

• Establishment of web based youth employment and stipend software system for approximately 2,500 to 3,500 youth participants throughout the year,

• Establishment of a secure Administrative Portal, Participant Portal and Worksite Portal,

• Ability to provide system functionality to allow for the entry of participants and worksites, enrollment, work assignments and work hours of participants, and

• Ability to provide web based system including a robust reporting system to report on the various data collected within the system, to include, participants, participant data, applications, worksites, and assignments.

SCOPE OF WORK - PART B

• Ability to provide payroll processing for approximately 2,500 to 3,500 youth participants throughout the year. Specifically, this also includes having a secure web-based system for:

• Setting up individual payroll records for all participants,

• Processing payroll on a bi-weekly basis for all youth participants.

• Acquiring services from an approved banking institution to fully manage the distribution and use of debit card for the program participants.

• Processing all necessary payroll reports including:

o Transaction reports o Payroll activity reports o Payroll exception reports o Financial activity reports o Other reports as defined by the NWDB to document the use of any federal grant funds that may be used to support the program.

• Ability to provide web based system including a robust reporting system to report on the various data collected within the system, to include, participants hours worked, gross and net pay of payroll and stipend payments

• Ability to provide access to payroll cards with a charge fee-free ATM provider within the

Newark area as well as other fee-free usage and withdrawal options

• Ability to provide participants option of direct deposit payment of their wages and/or stipend without Contractor-imposed fees.

• Ability to train program staff working with participants on system use and the efficient use of the pay card program for participants to avoid usage fees

• Ability to be responsible for regular and timely tax payments, tax reporting, including state and Federal quarterly and annual reports and W-2 processing and distribution to participants

• Designation of a single point of contact as the source for all NewarkWORKS needs

• Ability to provide support staff to work with NewarkWORKS staff and program work sites.

• Ability to create and obtain financial reports regarding payrolls, taxes, cashflow and other relevant reports requested by NewarkWORKS via system usage and/or support staff.

BIDDERS SHOULD NOTE THAT ANY AND ALL WORK INTENDED TO BE SUBCONTRACTED AS PART OF

THE BID SUBMITTAL MUST BE ACCOMPANIED BY BACKGROUND MATERIALS AND REFERENCES FOR

PROPOSED SUBCONTRACTOR(S) – NO EXCEPTIONS.

3.3. Single Point of Contact.

From the date this RFP is issued until a proposer is selected and the selection is announced by the

Purchasing Agent, proposers may not communicate with any City staff, commissioners or officials regarding this procurement, except at the direction of the Purchasing Agent in charge of the solicitation.

Any unauthorized contact may disqualify the proposer from further consideration. Contact information for the single point of contact can be found in the #Introduction.

3.4. Review RFP.

Proposers should carefully review all instructions, mandatory requirements, specifications, standard terms and conditions set out in this RFP and promptly notify the Purchasing Agent identified above in writing of any ambiguity, inconsistency , unduly restrictive specifications, or error which they discovered upon examination of this RFP. This should include any terms or requirements within the RFP that either preclude the proposer from responding to this RFP or add unnecessary cost.

This notification must be accompanied by an explanation and suggested modification and be received by the deadline for receipt of inquires set forth below. The City will make any final determination of changes to the RFP.

3.5. Form of Questions.

Proposers with questions or requiring clarification or interpretation of any section within this RFP must address these questions in writing, via the ProcureNow Question/Answer Tab via the City's e-

Procurement portal, on or before, Friday, May 3, 2024 by 12:00 pm. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be https://procurement.opengov.com/portal/newarknj/projects/90771?section=819561 considered. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal.

3.6. City Response.

The City will provide written answers to proposers’ questions. Any other form of interpretation, correction, or change to this RFP will not be binding.

3.7. Pre-Proposal Conference

No pre-proposal conference is scheduled.

3.8. Acceptance of Standard Terms and Conditions/Contract.

By submitting a response to this RFP, proposer agrees to acceptance of the standard terms and conditions as set out in this RFP. Much of the language included in the standard terms and conditions reflects requirements of New Jersey law. Requests for additions or exceptions to the standard terms and conditions including any necessary licenses, or any added provisions must be submitted via the e-

Procurement Portal by the date for receipt of written questions and must be accompanied by an explanation of why the exception is being sought and what specific effect it will have on the proposer’s ability to respond to the RFP or perform the contract. Any material exceptions requested and granted to the standard terms and conditions language will be addressed in any formal written addendum issued for this RFP and will apply to all proposers submitting a response to this RFP. The City will make any final determination of changes to the standard terms and conditions.

3.9. Resulting Contract.

This RFP and any addenda, the proposer’s RFP response, including any amendments and any clarification question responses, shall be included in any resulting contract. The City’s contract contains the contract terms and conditions which will form the basis of any contract between the City and the selected proposer. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract.

3.10. Mandatory Requirements.

To be eligible for consideration, a proposer must meet the intent of all mandatory requirements. The

City will determine whether a proposer’s RFP response complies with the intent of the requirements.

RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive.

3.11. Understanding of Specifications and Requirements.

By submitting a response to this RFP, proposer agrees to an understanding of and compliance with the specifications and requirements described in this RFP.

3.12. Proposer’s Signature.

The proposals must be submitted by an individual authorized to legally bind the business submitting the proposal. The proposer’s submission of a proposal in response to this RFP guarantees that the offer bas been established without collision and without effort to preclude the City from obtaining the best possible supply or service. Proof of authority of the person signing the RFP response must be furnished upon request.

3.13. Offer in Effect for sixty (60) Days.

A proposal may not be modified, withdrawn or canceled by the proposer for a sixty (60) day period following the deadline for proposal submission as defined in the Schedule of Events and proposer agrees in submitting the proposal.

3.14. Pay-to-Play Disclosure.

Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.

19:44A-20.27, if they receive contracts in excess of $50,000.00 from public entities in a calendar year.

Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or www.elec.state.nj.us.

3.15. Submitting a Proposal.

A. Content of Proposal. Proposer should address all requests for information and qualifications set forth in this RFP.

B. Failure to Comply with Instructions. Proposers failing to comply with the instructions in this RFP may be subject to point deductions.

C. Copies Required and Deadline for Receipt of Proposals. Proposers must submit one (1) proposal to the City via the e-Procurement Portal prior to 10:15 am on Thursday, May 9, 2024.

D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the proposer’s sole risk to assure submission by the designated time. Late proposals will not be accepted in ProcureNow system.

3.16. Cost of Preparing a Proposal.

A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the proposer. The City is not liable for any expense incurred by the proposer in the preparation and presentation of their proposal or any other costs incurred by the proposer prior to execution of a contract.

B. All Timely Submitted Materials Become City Property. All materials submitted in response to this

RFP becomes the property of the City.

4. RFP Standard Information

4.1. Authority

This RFP is issued under the authority of the City of Newark. The RFP process is a procurement option allowing the award to be based on the attached Evaluation Criteria. No other evaluation criteria, other than as outlined in the RFP, will be used.

4.2. Proposer Competition

The City encourages free and open competition among proposers. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies.

4.3. Public Information

All information received in response to this RFP, including copyrighted material, subject to public disclosure and may be made available for public viewing after the time for receipt of proposals has passed with the following four exceptions: (1) bona fide trade secrets meeting the requirements of the

Uniform Trade Secrets Act, Title 30, chapter 14, part 4, MCA, that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City; (3) any company financial information requested by the City to determine vendor responsibility, unless prior written consent has been given by the proposer and (4) other constitutional protections, or as otherwise not subject to disclosure according to OPRA guidelines.

4.4. Purchasing Agent Review of Proposals

Upon opening the proposals received in response to this RFP, the Purchasing Agent in charge of the solicitation will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2.1 above, providing the following conditions have been met:

• Confidential information is clearly marked and separated from the rest of the proposal.

• The proposal does not contain confidential material in the cost or price section.

• An affidavit from a proposer’s legal counsel attesting to and explaining the validity of any trade secret claim asserted by the proposer.

Information separated out under this process will be available for review only by the Purchasing Agent, the evaluation committee members, and limited other designees. Proposers must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of an open public records request from another party.

4.5. Initial Classification of Proposals as Responsive or Non-Responsive

All proposals will initially be classified as either “responsive” or “non-responsive.” Proposals may be found non-responsive any time during the evaluation process if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by attached

Evaluation Criteria; or the proposal is not within the plans and specifications described and required in the RFP. If a proposal is found to be non-responsive, it may be subject to point deductions.

4.6. Determination of Responsibility

The City will determine whether a proposer has met the standards of responsibility. Such a determination may be made at any time during the evaluation process if information surfaces that would result in a determination of non-responsibility. If a proposer is found non-responsive, the determination must be in writing, made a part of the procurement file and mailed to the affected proposer.

4.7. Evaluation of Proposals

The City will evaluate the proposals and recommend whether to award the contract to the firm determined to best meet the needs of the City or, if necessary, to seek discussion in order to determine the firm to be selected. All responsive proposals will be evaluated based on stated evaluation criteria.

The City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing quality and contractual factors. These will be used to determine the most advantageous offering to the City.

4.8. Completeness of Proposals

Selection and award will be based on the proposer’s proposal and other items outlined in this RFP.

Submitted responses may not include references to information located elsewhere, such as internet websites or libraries, unless specifically requested. Information or materials presented by proposers outside the formal response or subsequent discussion may not be considered.

4.9. Opportunity for Discussion and/or Oral Presentation/Product Demonstration

After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more proposers should clarification be necessary. Proposers may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, proposers should be prepared to send qualified personnel to the City of Newark to discuss technical and contractual aspects of the proposal. Oral presentations/demonstrations, if requested, shall be at the proposer’s expense.

4.10. Contract Award

Contract awards, if any, will be made to the proposer who the City determines who best can provide the services required and provides all required documents. Formal contracts incorporating this RFP, including attachments hereto, and the selected proposals, will be executed by all parties

4.11. Termination of Contract

The City reserves the right to terminate any contract entered into as a result of this RFP provided written notice has been given to the proposer at least thirty (30) days prior to such proposed termination date.

4.12. Excise and Sales Tax

The prices herein shall not include any Federal or Excise Taxes of Sales Tax imposed by any state or municipal government. All taxes must be deducted from prices quoted and must be shown separately under items where applicable. The City will not furnish Federal Tax Exemption certificates unless the tax is shown separately. The City's purchase order (Vendor's Copy) will serve as the State Tax Exemptions

Form.

4.13. Statutes and Ordinance

No officer, or employee, elected or appointed in any municipality shall be interested directly, or indirectly, in any contract or job for work or materials, or the profits thereof, or services to be furnished or performed for such municipality (R.S. 40:69A 163 Chap.210--P.L. 1950).

Pursuant to P.L. 1971, c. 198 (40A:11-18) the proposer must agree to comply with the provision of

American goods and products to be used where possible.

On all contracts for public works, the respondent must comply with the provisions of R.S. 34:11-56, et.

seq., which law provides that laborers, workers and mechanics while engaged on work under the contract shall work not more than eight hours in any one day, except as otherwise provided for in said statute, and that the prevailing rate of daily wages in the locality where the work is performed shall be paid to the mechanics, workmen and laborers engaged in the work under the contract. It is understood and agreed by the Contractor that, in addition to the abovementioned provision, the said Contractor will obey and comply with the Laws of the State of New Jersey, and in the event said Contractor shall violate the provisions of New Jersey State Statutes Annotated, R.S. 34:11-56, and Chapter 213, Public Laws of the State of New Jersey 1962, or any other statutes of the State of New Jersey, then this contract shall be voided at the option of the City of Newark. The Contractor shall pay to all mechanics, workmen and laborers employed in the work contained under this contract the prevailing rate of wages pursuant to the provisions of New Jersey Statutes Annotated; R.S. 34:11-56 and shall further comply with all of the provisions of New Jersey Statutes Annotated; R.S. 34:11-56. The Contractor further agrees that he shall comply with Chapter 213, Public Laws of the State of New Jersey 1962. The provisions of same shall be considered part of these specifications. It is further understood and agreed that all labor employed by the Contractor on this project shall be such as will work with other trades employed on the project so that there will be no dissension between trades. All labor employed on this project shall conform to local labor Union practices.

Pursuant to Revised Statutes 10:2-1 et seq., Respondent agrees that:

• In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates.

• No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex.

• There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $ 50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract.

• This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

• This contract may be canceled or terminated by the City of Newark, and all money due or becomes due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract.

All contracts and purchases of materials and supplies are subject to the provisions of Section 2:4-14 of the City Administration Code, Revised Ordinances of the City of Newark, New Jersey, which follows:

(a) All contracts hereafter made by or on behalf of the City of Newark or any of its departments or subdivisions with any corporation, person or persons for the performance of any kind of work or the sale, furnishing or delivery of any material or supplies of any nature shall contain a provision that the laborers, workers and mechanics engaged in said work or in the manufacture, sale or delivery of said material or supplies shall not work more than eight hours in any one day while so engaged; and that the said laborers, workers and mechanics shall be paid the prevailing rate of wages for the type of work to be done in the territory in which it is to be performed; and shall contain a further provision that the violation of the foregoing provision shall constitute a breach of the Contract, and that the said foregoing provision shall be considered to be a contractor for the benefit of said workers, laborers and mechanics upon which said laborers, workers and mechanics shall have the right to maintain action for the difference between the prevailing rate of wages and the wages actually received by them; and all such contracts shall contain the further provision that in case any dispute arises as to the amount of the prevailing rate of wage, said dispute shall be referred to the Commissioner of Labor of the State or to such person as will be designated by said Commissioner of Labor as an arbitrator to settle said dispute, the parties to be bound by decision of such arbitrator.

(b) All advertisements for Request for Proposals and all specifications in pursuance of any law requiring the advertisement for Request for Proposals shall include specific reference to this section.

4.14. City’s Rights Reserved

While the City has every intention to award contracts as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City to award and execute any contract. Upon a determination that such action would be in its best interest, the City, in its sole discretion, reserves the right to cancel or terminate this RFP; reject any or all proposals received in response to this RFP; waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal; not award if it is in the best interest of the City not to proceed with contract execution; or if awarded, terminate any contract if the City determines adequate funds are not available.

4.15. Non-Discrimination in Employment

The proposer shall agree to comply with all Federal and State legislation and regulations governing Fair

Employment Practice, including but not limited to Title VI of the Civil Rights Acts of 1964, Executive

Order 11246 September 1965 and the rules, regulations and relevant orders of the Secretary of Labor.

No employee of the City of Newark or a member of the immediate family of an employee of the City of

Newark may submit a proposal for this contract, nor should an employee of the City of Newark be an employee of the contractor submitting a proposal on this contract.

4.16. Indemnification and Insurance

The proposer shall indemnify, defend and hold harmless all City members and agents of the City against claims, demands, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) without limitation, and claims of personal or bodily injury or death. The proposer shall maintain for the duration of the contract, at its own expense, insurance as required in the Scope of Work.

4.17. Primary Insurance

The bidder’s insurance coverage shall be primary insurance with respect to the City of Newark, its officers, officials, employees, volunteers and program participants and shall apply separately to each project or location. Any insurance or self-insurance maintained by the city of Newark, its officers, officials, employees, volunteers and program participants shall be excess of the bidder/vendor’s insurance.

4.18. Additional Insured Status

The City of Newark is to be listed as additional insured for liability arising out of activities performed by or on behalf of the bidder/vendor. This can be achieved by providing (A) and (B) below:

A. The following language on the face of the insurance certificate: The City of Newark is included as additional insured.

B. Provide the City with a copy of the Additional Insured Broad Endorsement Form.

4.19. Worker’s Compensation Insurance

Workers Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and

N.J.A.C. 12:235-1.6.

4.20. General Liability Insurance

General liability insurance shall be provided with limits of not less than $200,000.00 any one person and

$300,000 any one accident for bodily injury and $100,000 aggregate for property damage, and shall be maintained in full force during the life of the contract.

4.21. Other Provisions

1. Both parties agree to comply with all requirements of the Federal Health Insurance Portability and

Accountability act of 1996 (“HIPPA”) as may be amended from time to time, and the corresponding

HIPPA regulations for the confidentiality and security of medical information. If awarded the bid, the contract shall:

• Not share or disclose protected health information other than as permitted or required by law

• Use appropriate safeguards to protect the confidentiality of the information

• Report any use or disclosure not permitted

Proposer, by execution of the contract, shall thereby indemnify and hold the City of Newark harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the contractor to comply with the requirements of HIPPA or any other statute or case law protecting the privacy of persons using its services.

2. The City of Newark shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the City to the successful proposer (contractor) for the purpose of assisting the contractor in the performance of the contract. None of the documents and/or property shall, without the written consent of the City, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.

3. Award of any contract pursuant to these specifications shall in all cases be subject to availability of funds duly appropriated for these purposes. Any contract as awarded shall immediately cease to be in effect at such time as funds cease to be available for these purposes.

4. Proposers shall comply with the applicable regulations of the Secretary of Labor, United States

Department of Labor, made pursuant to the so-called "Anti- Kickback Act" of June 13, 1934 (48 Stat.

948:62 State. 862; title 18 U.S.C., Sec 874; and Title 40 U.S.C. Section 276c) and any amendments or modifications thereto.

5. Proof of licensure for any activity regulated by the State of New Jersey and required to do the work required under this specification, for either the firm or the person responsible for the work, shall be provided as required by the City of Newark.

4.22. Payment Terms

Although total contract costs will not be the determining factor, budget or allocations of funds will be considered.

• For the Services set forth in the Scope of Work, the Proposer shall submit a Rate Schedule for services related to the Proposal (cost details), including the hourly rate of each of the individuals who will be performing the services.

• The Proposer shall be paid hourly rates for typical classification of personnel for the program.

The Proposer shall provide with its statement of qualifications a list of all persons anticipated to provide work on the contract and their job classifications.

• The Proposer shall submit a detailed invoice, including hours of work performed, rates and disbursements, including incidental costs. Proposer shall execute the standard City purchase order as a requirement for payment.

5. Project Details

5.1. Important Instructions for Electronic Submittal

The City of Newark is accepting electronic bid submissions. Bidders shall create a FREE account with

ProcureNow by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

5.2. Scope of Work or Project Details

( 1. EXPECTATIONS 1.1. PROPOSAL RESPONDENT EXPECTATIONS

• Proposal respondents may include but are not limited to public or not-for-profit corporations, local educational agencies, private for-profit corporations, community-based organizations, labor organizations, public agencies and government units.

• Proposal respondents must be able to demonstrate the necessary administrative capability and fiscal responsibility needed to operate the proposed program(s).

• Proposal respondents must have an ability to implement and configure required system specifications within the timeframe permitted to be live by June 1, 2024.

• Proposal respondents must be capable of supporting their own operation; no advance payments will be made by NewarkWORKS or the NWDB in relation to services of this RFP.

• Proposal respondents may be subject to a pre-award survey. This may include but not be limited to a review of proposer’s recordkeeping procedures, management systems, accounting and administrative systems, training facilities and curriculum.

• Proposal respondents shall enable the NWDB staff to maintain regular, continuing personal conduct and communication with agency staff at all program sites.

1.2. SERVICE PROVIDER EXPECTATIONS

The primary goal of this RFP is to successfully pay youth program participants and assigned staff on time and accurately. The RFP has been separated into two parts (part A and part B). Part A relates to the collection of participant data for enrollment then program matriculation (including timesheet reporting). Part B relates to the processing, calculating, and remittance of payroll wages to participants and taxes to the appropriate tax authorities. Respondents can submit responses to either part separately or both parts combined. All responses to this RFP should clearly demonstrate the proposer’s capacity to achieve either or both parts. The successful vendor will also be expected to meet the following standards in providing the services listed above:

• Provide a platform for the collection, aggregation, and reporting of participant data for enrollment participant (PART A) https://secure.procurenow.com/signup

• Provide a platform for the collection and aggregation of participant program matriculation (i.e.

timesheet reporting) for participant payment purposes. (PART A)

• Timely, accurate processing of payroll so that all participants are paid on time and according to hours worked. (PART B)

• Effective coordination and communication with the selected bank to set up the participant’s bank debit card accounts. (PART B)

• Timely, accurate processing of all necessary reports. (PARTS A and B)

• Ensuring strict security measures are taken to ensure the privacy of all data, i.e., use of encrypted systems, etc. (PARTS A and B)

• Effective coordination with NewarkWORKS Program and Fiscal staff to ensure that all necessary documentation (including information for files and timesheets) is obtained for accurate, timely payroll processing and development of reports. (PARTS A and B)

• Responsive customer service to address any issues/problems. (PARTS A and B)

1.3. PAYROLL SYSTEM SECURITY EXPECATIONS

• The payroll processing system shall be encrypted in accordance with industry standards and shall employ a hierarchical password protected system for defining and restricting access,

• The password protected system employed by the Vendor shall assign each NewarkWORKS and work site end-user (as necessary) an individual password, entry of which will be required before access to the payroll processing system is granted.

• The hierarchical password protected system for defining and restricting access rights to the

Vendor’s payroll system shall at minimum include but not be limited to the following access levels:

o NewarkWORKS Level Access shall permit access to:

▪ View payroll data before the processing by Vendor of each payroll, input timesheet and/or payroll information in the payroll processing system for all program participants, and override and/or grant overrides of weekly and pay cycled (biweekly) per youth work hour maximums specified below.

▪ Work site Level Access shall permit the designated staff person at each access to view payroll data before the processing by the Vendor for each payroll.

• Access shall be provided to NewarkWORKS and work site end-users, to view payroll data before the processing by Vendor of each payroll.

1.4. PAYROLL PROCESSING EXPECTATIONS

• The payroll application must calculate the gross pay of each participant based upon hours worked for the particular pay cycle.

• The payroll application must calculate the net pay of each participant based upon each participant’s applicable federal, state and local tax withholding rate as well as other mandated withholding categories.

• The payroll application must report and deposit appropriate withholding to the applicable entity.

• The payroll application must generate, process and submit all required tax reporting documentation, transmit federal tax withholding deposits, when due, to the IRS, and to deliver

W-2 forms for tax reporting to the participants within the mandatory timeframe;

• Required tax reporting documentation shall include but not be limited to complete quarterly “941” tax returns and “W-2” end of year statements.

• The processing and submitting of required tax reporting documentation, transmittal of federal tax withholding deposits to the IRS, and W-2 form delivery to participants shall include all submissions or resubmissions necessary to correct inaccuracies or errors in prior submissions and transmissions to the IRS or other governmental agency as directed by NewarkWORKS.

• The application shall, when necessary generate corrected W-2 forms for employed participants, transmit the same to the IRS or other governmental agency as directed by NewarkWORKS and deliver the same to the participants within the mandatory timeframe.

• The payroll application must allow for programmatic changes due to legislative and funding changes (such as increasing the length of the programs, addition of new program, etc.).

• The application shall pay current period earnings and allowable arrears payments per pay cycle to each participant.

• The application should allow for off-cycle processing as needed to process participant payroll adjustments

• Except as indicated herein, the payroll application shall not make payments to any participant for work hours credited to such participant where such hours exceed weekly and/or pay cycle per participant work hour maximums. The maximum calculated payable hours at any scheduled point in the program shall be calculated commencing at the start date of any such pay cycle.

• The payroll application must allow NewarkWORKS to grant work sites, for specified periods, overrides of the weekly and pay cycle maximum work hours per youth payment parameters set forth herein to permit work sites to make arrears payments by adding hours to said maximums.

In addition to standard payroll processing, the NWBD Fiscal Agent will provide the Vendor with a list of exceptions to regular payroll processing that are consistent with common payroll errors, which may constitute approximately 10-15 percent of each payroll.

• The Vendor shall resolve such exceptions by appropriately adjusting the payroll in the next payroll cycle so that payroll for such next cycle properly accounts for such exceptions.

• The Vendor shall resolve exceptions to payroll processing that arise during Supplemental Payroll

Cycles that cause underpayment to program participants by generating for issue to such participants paper checks in the amounts necessary to resolve such exceptions. For payments to resolve exceptions that cause underpayments to participants that occur during Supplemental

Payroll Cycles or later:

• The Vendor…