request for proposals for the provision of professional ... · 8/3/2017 · section 1.4....
TRANSCRIPT
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REQUEST FOR PROPOSALS
FOR THE PROVISION OF PROFESSIONAL SERVICES
FOR
GENERAL COUNSEL BOND COUNSEL AND SPECIAL ENERGY COUNSEL
ISSUE DATE August 3 2017
DUE DATE Aug 17 2017
Issued by
Morris County Improvement Authority
NOTE The Morris County Improvement Authority will consider proposals only from firms or
organizations that have demonstrated the capability and willingness to provide high quality services
in the manner described in this Request for Proposals
ARTICLE I
INTRODUCTION AND GENERAL INFORMATION
Section 11 Introduction and Purpose
Formal Request for Proposals documents may be obtained by interested potential
respondents via written request to Mr John Bonanni Commissioner for the Morris County
Improvement Authority (the Authority) or may be downloaded via the Authorityrsquos website
(httpsimprovementmorriscountynjgov) Mr Bonanni may be contacted by email at
jbonannicomorrisnjus The Authority assumes no responsibility for potential respondents that
fail to obtain the proper documentation as instructed herein
The Authority created in 2002 by the Board of Chosen Freeholders of the County of Morris
(the County) New Jersey (the State) as a public body corporate and politic of the State
pursuant to and in accordance with the county improvement authorities law (codified at NJSA
4037A-44 et seq the Act) is soliciting responses to this Request for Proposals (each a
Proposal) from interested persons andor firms (each a Respondent) for the provision of
General Counsel Bond Counsel and Special Energy Counsel services (the Counsel Services) as
more fully described in Article II hereof Through a Request for Proposals process described
herein persons andor firms interested in assisting the Authority with the provision of such services
must prepare and submit a Proposal in accordance with the procedure and schedule in this Request
for Proposals (this RFP) The Authority will review Proposals only from those firms that submit
a Proposal which includes all the information required to be included as described herein (in the
sole judgment of the Authority)
Section 12 Procurement Process and Schedule
From all timely Proposals received the Authority intends first to review Respondent
qualifications for selection (referenced hereafter as Qualified Respondents) (i) that possess the
professional financial and administrative capabilities to provide the Counsel Services and (ii)
agree to be bound by and meet the other terms and conditions of the RFP as determined by the
Authority Once the Authority has selected the Qualified Respondents the Authority shall select
one or more of the Qualified Respondents to provide the Counsel Services (the Successful
Respondents) which award shall only be set forth in a services contract (Services Contract)
setting forth the terms of such Counsel Services which Services Contract shall be based on the
RFP and the Proposal of the Successful Respondents and which award shall not be effective until
such Services Contract shall be executed by authorized officers of both the Authority and the
respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-205 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post notice of the existence of this RFP on its website at least
Exhibit A
ten (10) days prior to receipt of Proposals Such notice shall be in the form set forth in Exhibit A
attached hereto
The Authority has structured this procurement process to ensure that each Respondent is
provided an equal opportunity to submit a Proposal in response to the RFP The Authority may
reject all Proposals waive any nonconformities to the RFP requirements andor take whatever
other action shall be available to the Authority at law or equity as the Authority in its sole
discretion deems to be in the best interests of the Authority The Proposals will be evaluated in
accordance with the criteria set forth in Section IV of this RFP which will be applied in the same
manner to each Proposal received
In order to review or obtain a copy of this RFP and to be considered a Qualified
Respondent all potential Respondents must provide Mr John Bonanni Commissioner for the
Authority with the name address e-mail address and phone number of their designated contact
person (the Contact Person) Mr Bonanni may be contacted by email at
jbonannicomorrisnjus To the extent the Authority in its sole discretion determines to amend
modify supplement revoke or alter any material term or condition of this RFP including without
limitation the procurement process or the criteria for qualification or award which rights are
hereby expressly reserved to the Authority the Authority will make all commercially reasonable
efforts to communicate any such change to each potential Respondent prior to the due date of this
RFP through e-mail or other notification distributed to the Contact Persons
Proposals will be reviewed and evaluated by certain officials of the Authority certain
officials of the County and certain advisors to the Authority andor County (collectively the
Review Team) The Proposals will be reviewed to determine if the Respondent has met the
minimum professional administrative and financial areas described in this RFP Under no
circumstances will a member of the review team review responses to an RFP for a job which they
or their firm submitted a response
Based upon the totality of the information contained in the Proposal including information
about the reputation and experience of each Respondent the Authority will (in its sole judgment)
determine which Respondents are qualified (from professional administrative and financial
standpoints) Each Respondent that meets the requirements of the RFP (in the sole judgment of
the Authority) will be designated as a Qualified Respondent and will be given the opportunity to
participate in the selection process determined by the Authority whereby the Authority shall select
one or more Successful Respondents to provide the Counsel Services which award shall only be
set forth in a Services Contract
The procurement process for the General Counsel Bond Counsel and Special Energy
Counsel commences with the issuance of this RFP The steps involved in the process and the
anticipated completion dates are set forth in the following Anticipated Procurement Schedule The
Authority reserves the right to among other things amend modify alter or terminate the
Anticipated Procurement Schedule whereupon the Authority shall provide notice of such action
to all Contact Persons on behalf of the Respondents
Exhibit A
ANTICIPATED PROCUREMENT SCHEDULE
Activity Date
Issuance of Request for Proposals August 3 2017
Receipt of Proposals August 17 2017 (400 pm)
All communications concerning this RFP or the RFP process shall be directed to John
Bonanni 10 Court Street Suite 517 Purchasing Division Morristown New Jersey 07963
jbonannicomorrisnjus with a copy to Matthew D Jessup Esq via e-mail at
mjessupmsbnjcom Please do not call the Authority for information as written questions that
the Authority determines to be of general application may be disseminated to all potential
Respondents Deadline for written questions is August 8 2017 at 300 PM
Section 13 Submission of Proposals
In order for a Respondents Proposal to be considered under this RFP procurement process
each such Respondent must comply with the following
(a) Each Proposal shall be fully authorized complete in accordance with the terms of
this RFP and executed by an authorized officer of the Respondent
(b) Each Proposal shall be timely submitted to and be received at the Authoritys
Office Attn John Bonanni 10 Court Street Suite 517 Purchasing Division Morristown New
Jersey 07963 via mail or hand delivery on or before 400 pm Eastern Standard Time on
August 17 2017 (the Proposal Submission Date) Proposals will not be accepted by facsimile
transmission or e-mail
(c) Each submittal shall include one set of original documents and two photo-copies
of the original documents and one digital set on CD Rom or Flash-drive enclosed in sealed
envelopes bearing the name and address of the Respondent (including multiple persons or firms
if applicable) the date of the submission of the Proposal and the informational heading Proposal
for General Counsel Bond Counsel and Special Energy Counsel Services submitted to Morris
County Improvement Authority all on the outside of any such sealed envelope
Section 14 Conditions Applicable to RFP
Upon submission of a Proposal in response to this RFP the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Proposal
(a) This document is an RFP and does not constitute a Request For Qualifications
(b) This RFP does not commit the Authority to issue any additional requests
(c) All costs incurred by the Respondent in connection with responding to this RFP
shall be borne solely by the Respondent
Exhibit A
(d) The Authority reserves the right (in its sole judgment) to reject for any reason any
and all Proposals and components thereof and to eliminate any and all Respondents responding to
this RFP from further consideration for this procurement
(e) The Authority reserves the right (in its sole judgment) to reject any Respondent that
submits incomplete responses to this RFP or a Proposal that is not responsive to the requirements
of this RFP
(f) The Authority reserves the right without prior notice to supplement amend or
otherwise modify this RFP or otherwise request additional information
(g) All Proposals shall become the property of the Authority and will not be returned
(h) All Proposals will be made available to the public at the appropriate time as
determined by the Authority (in the exercise of its sole discretion) in accordance with law
(i) The Authority may request Respondents to send representatives to the Authority
for interviews
(j) Any and all Proposals not received by the Authority by 400 pm Eastern Standard
Time on August 17 2017 will be rejected
(k) Neither the Authority nor their respective staffs consultants or advisors (including
but not limited to the Review Team) shall be liable for any claims or damages resulting from the
solicitation or preparation of the Proposals nor will there be any reimbursement to Respondents
for the cost of preparing and submitting a Proposal or for participating in this procurement process
Section 15 Rights of Authority
The Authority reserves holds and may exercise at its sole discretion the following rights
and options with regard to this RFP and the procurement process in accordance with the provisions
of applicable law
(a) To determine that any Proposal received complies or fails to comply with the terms
of this RFP
(b) To supplement amend or otherwise modify the RFP through issuance of addenda
to all prospective Respondents who have received a copy of this RFP
(c) To waive any technical non-conformance with the terms of this RFP
(d) 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
Exhibit A
(e) To conduct investigations of any or all of the Respondents as the Authority deems
necessary or convenient to clarify the information provided as part of the Proposal and to request
additional information to support the information included in any Proposal
(f) To suspend or terminate the procurement process described in this RFP at any time
(in its sole discretion) If terminated the Authority may determine to commence a new
procurement process or exercise any other rights provided under applicable law without any
obligation to the Respondents
The Authority shall be under no obligation to complete all or any portion of the procurement
process described in this RFP
Section 16 Addenda or Amendments to RFP
During the period provided for the preparation of responses to the RFP the Authority may
issue addenda amendments or answers to written inquiries Those addenda will be noticed by the
Authority and will constitute a part of the RFP All responses to the RFP shall be prepared with
full consideration of the addenda issued prior to the Proposal Submission Date
Section 17 Cost of Proposal Preparation
Each Proposal and all information required to be submitted pursuant to the RFP shall be
prepared at the sole cost and expense of the Respondent There shall be no claims whatsoever
against the Authority its staff or consultants for reimbursement for the payment of costs or
expenses incurred in the preparation of the Proposal or other information required by the RFP
Section 18 Proposal Format
Proposals should cover all information requested in this RFP Proposals which in the
judgment of the Authority fail to meet the requirements of the RFP or which are in any way
conditional incomplete obscure contain additions or deletions from requested information or
contain errors may be rejected
Exhibit A
ARTICLE II
SCOPE OF SERVICES
Section 21 Generally
It is the intent of the Authority to solicit Proposals from Respondents that have expertise
in the provision of General Counsel Bond Counsel and Special Energy Counsel services Firms
andor persons responding to this RFP shall be able to demonstrate that they will have the
continuing capabilities to perform these services The proposed term of the contract(s) will end on
July 31 2018 with an option by the Authority to exercise two (2) one-year extensions
Exhibit A
ARTICLE III
PROPOSAL SUBMISSION REQUIREMENTS
Section 31 General Requirements
(a) The Proposal submitted by a Respondent must meet or exceed the professional
administrative and financial qualifications set forth in this Article III and shall incorporate the
information requested below
(b) In addition to the information required as described below a Respondent may
submit supplemental information that it feels may be useful in evaluating its Proposal
Respondents are encouraged to be clear factual and concise in their presentation of information
Section 32 Content and Form of Proposal
(a) Proposal content and completeness are important criteria in the evaluation process
In order to streamline the evaluation process and ensure that all Proposals are evaluated on an
equal basis it is required that Proposals adhere to the standard format outlined below for
presentation of the requested information
Section Section Title
Cover (if applicable)
Proposal Cover Letter (Exhibit B to this RFP)
Table of Contents
1 IntroductionExecutive SummaryGeneral Information
2 Qualifications
3 Fee proposal for General Counsel Bond Counsel and Special Energy Counsel
Services
4 Supplemental Information if any
5 Document Checklist (Exhibit D)
(b)(i) Proposal Cover Letter
The Proposal Cover Letter must be executed by an authorized officer of the Respondent in
the form substantially set forth as Exhibit B hereto
(ii) IntroductionExecutive SummaryGeneral Information (Section 1 of the Proposal)
This section of the Proposal should contain a brief summary of both the background of the
Respondent and its key personnel highlighting the benefits the Respondent believes it can
contribute to the Authority and provide a list of the personnel the firm proposes to utilize to provide
the Counsel Services and identify their individual qualifications The following information with
respect to each Respondent (reference to Respondent shall also mean each subcontract and
subshyconsultant if any) should also be included in this section of the Proposal Principals shall
mean ten percent (10) or greater owners of Respondent or where applicable affiliates
Exhibit A
(A) Name address and telephone number of the Respondent submitting the Proposal pursuant to this
RFP and the contact information for the Contact Person going forward
(B) A description of the business organization (ie corporation partnership joint venture etc) of each
Respondent its ownership and its organizational structure
(C) The number of years Respondent has been in business under the present name and the number of
years it has been under current management
(D) Any judgments claims or suits pending or outstanding against Respondent or affiliates with
explanation of same
(E) A statement as to whether Respondent affiliates or any of their respective principals are now or
have in the past ten (10) years been the subject of any federal or State investigations or proceeding or any
Security and Exchange Authority regulatory investigation or proceeding and if so please indicate the
nature of that investigation or proceeding
(F) Whether Respondent affiliates or any of their respective principals are now or has been involved
in any bankruptcy or re-organization proceedings in the last ten (10) years If yes please explain
(G) Confirm appropriate federal if applicable and State licenses to perform the Counsel Services
(H) An executed Letter of Intent (See Exhibit C)
(I) A copy of Respondentrsquos current Business Registration Certificate
(J) A copy of Respondents Certificate of Liability Insurance
(K) Respondentrsquos completed C271 Political Contribution Disclosure Form
(L) Respondent Contact Data Sheet (See Exhibit D)
(M) Corporate Disclosure Statement (See Exhibit D)
(N) Non-Collusion Affidavit Form - sign and notarize (See Exhibit D)
(O) Mandatory Equal Employment Opportunity Language ndash read (See Exhibit D)
(P) Affirmative Action Language Acknowledgement Form ndash sign (See Exhibit D)
(Q) Americans with Disabilities Act of 1990 Language ndash read and sign (See Exhibit D)
(R) Disclosure of Investment Activities in Iran (See Exhibit D)
Exhibit A
(iii) Qualifications (Section 2 of the Proposal)
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFP At a minimum the information requested below should be included as
appropriate to the RFP
(A) For General Counsel Bond Counsel and Special Energy Counsel Respondent shall
submit the following
(1) Admission to the New Jersey Bar for a minimum of ten (10) years
(2) Describe the services that Respondent would perform directly
(3) Brief description of Respondentrsquos representative transactions during the last three (3) years
(4) A narrative statement of the Respondentrsquos understanding of the Authorityrsquos needs and
goals
(5) Describe those portions of the Respondentrsquos services if any that are subcontracted out
Identify all subcontractors the Respondent anticipates using in connection with the
provision of the Counsel Services
(6) Does the Respondent normally employ union or non-union employees
(7) Name address and contact information of references
(8) Resumes of key employees
(9) Commitment to quality management
(10) Organizational Chart
(11) List all immediate relatives of Principal(s) of Respondent who are Authority employees or
elected officials of the Authority For purposes of the above immediate relative means a
spouse parent stepparent brother sister child stepchild direct-line aunt or uncle
grandparent grandchild and in-laws by reason of relation
(B) Bond Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Has an experienced law practice in the area of public finance including but not
limited to the financing of capital projects through bond ordinances and the
issuance of bonds andor bond anticipation notes in the State of New Jersey for a
minimum of ten (10) years
(2) Firm through their representatives or individuals must be listed as Approved Bond
Counsel in the Bond Buyers Municipal Market Place Directory (the Red Book)
(3) Can demonstrate current knowledge and experience in appropriate State and federal
tax and securities laws as they relate to the Authority public finance matters
including as appropriate interaction with the New Jersey Department of
Community Affairs Division of Local Government Services Local Finance Board
Morris CountyAuthority cash management planinvestment strategies and inter-
municipality coordination of debt issues as they relate to Authority capital programs
and bond issues
Exhibit A
(4) Can demonstrate at least ten (10) years of experience in representation of New
Jersey governmental entities in all public finance related matters including but not
limited to competitive bond and note sales negotiations for noncompetitive bonds
and notes and procuring related financial services and activities
(C) Special Energy Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Knowledge and expertise of and experience with various types of renewable
energy including but not limited to solar energy
(2) Knowledge and expertise of and experience with New Jersey Renewable Energy
Rebates
(3) Knowledge and expertise of and experience with power purchase agreements for
renewable energy including but not limited to procurement issues
(4) Knowledge and expertise of and experience with incentives for renewable energy
programs including but not limited to solar energy
(5) Knowledge and expertise of and experience with different options available to the
Authority in developing and financing a Renewable Energy Program
(6) Knowledge and experience with Solar Renewable Energy Credits
(7) A listing of similar services performed by the submitting firm including a
description of the services performed and the address and telephone number of the
client contact person
(8) Can demonstrate current knowledge and experience in legal services necessary for
the development implementation and structuring of a Renewable Energy
Program including
(a) The negotiation issuance andor administration of bonds and notes for the
financing of renewable energy programs
(b) Providing advice and assistance with respect to the development
structuring and implementation of a renewable energy program to include
solar wind andor geothermal
(c) Providing advice and assistance with establishing criteria for the selection
and participation of renewable energy program participants including
municipalities school districts county and local authority participants as
well as renewable energy system installers operators and maintainers and
energy consultants
(d) Experience with financial environmental and other applicable local and
State law components and the impacts of such laws on renewable energy
programs including the federal tax State regulatory and other impacts
(e) Experience with laws rules or regulations of any governmental stakeholder
including the Department of Community affairs the Board of Public
Utilities and the Department of Education
Exhibit A
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
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bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
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_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 2: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/2.jpg)
ARTICLE I
INTRODUCTION AND GENERAL INFORMATION
Section 11 Introduction and Purpose
Formal Request for Proposals documents may be obtained by interested potential
respondents via written request to Mr John Bonanni Commissioner for the Morris County
Improvement Authority (the Authority) or may be downloaded via the Authorityrsquos website
(httpsimprovementmorriscountynjgov) Mr Bonanni may be contacted by email at
jbonannicomorrisnjus The Authority assumes no responsibility for potential respondents that
fail to obtain the proper documentation as instructed herein
The Authority created in 2002 by the Board of Chosen Freeholders of the County of Morris
(the County) New Jersey (the State) as a public body corporate and politic of the State
pursuant to and in accordance with the county improvement authorities law (codified at NJSA
4037A-44 et seq the Act) is soliciting responses to this Request for Proposals (each a
Proposal) from interested persons andor firms (each a Respondent) for the provision of
General Counsel Bond Counsel and Special Energy Counsel services (the Counsel Services) as
more fully described in Article II hereof Through a Request for Proposals process described
herein persons andor firms interested in assisting the Authority with the provision of such services
must prepare and submit a Proposal in accordance with the procedure and schedule in this Request
for Proposals (this RFP) The Authority will review Proposals only from those firms that submit
a Proposal which includes all the information required to be included as described herein (in the
sole judgment of the Authority)
Section 12 Procurement Process and Schedule
From all timely Proposals received the Authority intends first to review Respondent
qualifications for selection (referenced hereafter as Qualified Respondents) (i) that possess the
professional financial and administrative capabilities to provide the Counsel Services and (ii)
agree to be bound by and meet the other terms and conditions of the RFP as determined by the
Authority Once the Authority has selected the Qualified Respondents the Authority shall select
one or more of the Qualified Respondents to provide the Counsel Services (the Successful
Respondents) which award shall only be set forth in a services contract (Services Contract)
setting forth the terms of such Counsel Services which Services Contract shall be based on the
RFP and the Proposal of the Successful Respondents and which award shall not be effective until
such Services Contract shall be executed by authorized officers of both the Authority and the
respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-205 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post notice of the existence of this RFP on its website at least
Exhibit A
ten (10) days prior to receipt of Proposals Such notice shall be in the form set forth in Exhibit A
attached hereto
The Authority has structured this procurement process to ensure that each Respondent is
provided an equal opportunity to submit a Proposal in response to the RFP The Authority may
reject all Proposals waive any nonconformities to the RFP requirements andor take whatever
other action shall be available to the Authority at law or equity as the Authority in its sole
discretion deems to be in the best interests of the Authority The Proposals will be evaluated in
accordance with the criteria set forth in Section IV of this RFP which will be applied in the same
manner to each Proposal received
In order to review or obtain a copy of this RFP and to be considered a Qualified
Respondent all potential Respondents must provide Mr John Bonanni Commissioner for the
Authority with the name address e-mail address and phone number of their designated contact
person (the Contact Person) Mr Bonanni may be contacted by email at
jbonannicomorrisnjus To the extent the Authority in its sole discretion determines to amend
modify supplement revoke or alter any material term or condition of this RFP including without
limitation the procurement process or the criteria for qualification or award which rights are
hereby expressly reserved to the Authority the Authority will make all commercially reasonable
efforts to communicate any such change to each potential Respondent prior to the due date of this
RFP through e-mail or other notification distributed to the Contact Persons
Proposals will be reviewed and evaluated by certain officials of the Authority certain
officials of the County and certain advisors to the Authority andor County (collectively the
Review Team) The Proposals will be reviewed to determine if the Respondent has met the
minimum professional administrative and financial areas described in this RFP Under no
circumstances will a member of the review team review responses to an RFP for a job which they
or their firm submitted a response
Based upon the totality of the information contained in the Proposal including information
about the reputation and experience of each Respondent the Authority will (in its sole judgment)
determine which Respondents are qualified (from professional administrative and financial
standpoints) Each Respondent that meets the requirements of the RFP (in the sole judgment of
the Authority) will be designated as a Qualified Respondent and will be given the opportunity to
participate in the selection process determined by the Authority whereby the Authority shall select
one or more Successful Respondents to provide the Counsel Services which award shall only be
set forth in a Services Contract
The procurement process for the General Counsel Bond Counsel and Special Energy
Counsel commences with the issuance of this RFP The steps involved in the process and the
anticipated completion dates are set forth in the following Anticipated Procurement Schedule The
Authority reserves the right to among other things amend modify alter or terminate the
Anticipated Procurement Schedule whereupon the Authority shall provide notice of such action
to all Contact Persons on behalf of the Respondents
Exhibit A
ANTICIPATED PROCUREMENT SCHEDULE
Activity Date
Issuance of Request for Proposals August 3 2017
Receipt of Proposals August 17 2017 (400 pm)
All communications concerning this RFP or the RFP process shall be directed to John
Bonanni 10 Court Street Suite 517 Purchasing Division Morristown New Jersey 07963
jbonannicomorrisnjus with a copy to Matthew D Jessup Esq via e-mail at
mjessupmsbnjcom Please do not call the Authority for information as written questions that
the Authority determines to be of general application may be disseminated to all potential
Respondents Deadline for written questions is August 8 2017 at 300 PM
Section 13 Submission of Proposals
In order for a Respondents Proposal to be considered under this RFP procurement process
each such Respondent must comply with the following
(a) Each Proposal shall be fully authorized complete in accordance with the terms of
this RFP and executed by an authorized officer of the Respondent
(b) Each Proposal shall be timely submitted to and be received at the Authoritys
Office Attn John Bonanni 10 Court Street Suite 517 Purchasing Division Morristown New
Jersey 07963 via mail or hand delivery on or before 400 pm Eastern Standard Time on
August 17 2017 (the Proposal Submission Date) Proposals will not be accepted by facsimile
transmission or e-mail
(c) Each submittal shall include one set of original documents and two photo-copies
of the original documents and one digital set on CD Rom or Flash-drive enclosed in sealed
envelopes bearing the name and address of the Respondent (including multiple persons or firms
if applicable) the date of the submission of the Proposal and the informational heading Proposal
for General Counsel Bond Counsel and Special Energy Counsel Services submitted to Morris
County Improvement Authority all on the outside of any such sealed envelope
Section 14 Conditions Applicable to RFP
Upon submission of a Proposal in response to this RFP the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Proposal
(a) This document is an RFP and does not constitute a Request For Qualifications
(b) This RFP does not commit the Authority to issue any additional requests
(c) All costs incurred by the Respondent in connection with responding to this RFP
shall be borne solely by the Respondent
Exhibit A
(d) The Authority reserves the right (in its sole judgment) to reject for any reason any
and all Proposals and components thereof and to eliminate any and all Respondents responding to
this RFP from further consideration for this procurement
(e) The Authority reserves the right (in its sole judgment) to reject any Respondent that
submits incomplete responses to this RFP or a Proposal that is not responsive to the requirements
of this RFP
(f) The Authority reserves the right without prior notice to supplement amend or
otherwise modify this RFP or otherwise request additional information
(g) All Proposals shall become the property of the Authority and will not be returned
(h) All Proposals will be made available to the public at the appropriate time as
determined by the Authority (in the exercise of its sole discretion) in accordance with law
(i) The Authority may request Respondents to send representatives to the Authority
for interviews
(j) Any and all Proposals not received by the Authority by 400 pm Eastern Standard
Time on August 17 2017 will be rejected
(k) Neither the Authority nor their respective staffs consultants or advisors (including
but not limited to the Review Team) shall be liable for any claims or damages resulting from the
solicitation or preparation of the Proposals nor will there be any reimbursement to Respondents
for the cost of preparing and submitting a Proposal or for participating in this procurement process
Section 15 Rights of Authority
The Authority reserves holds and may exercise at its sole discretion the following rights
and options with regard to this RFP and the procurement process in accordance with the provisions
of applicable law
(a) To determine that any Proposal received complies or fails to comply with the terms
of this RFP
(b) To supplement amend or otherwise modify the RFP through issuance of addenda
to all prospective Respondents who have received a copy of this RFP
(c) To waive any technical non-conformance with the terms of this RFP
(d) 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
Exhibit A
(e) To conduct investigations of any or all of the Respondents as the Authority deems
necessary or convenient to clarify the information provided as part of the Proposal and to request
additional information to support the information included in any Proposal
(f) To suspend or terminate the procurement process described in this RFP at any time
(in its sole discretion) If terminated the Authority may determine to commence a new
procurement process or exercise any other rights provided under applicable law without any
obligation to the Respondents
The Authority shall be under no obligation to complete all or any portion of the procurement
process described in this RFP
Section 16 Addenda or Amendments to RFP
During the period provided for the preparation of responses to the RFP the Authority may
issue addenda amendments or answers to written inquiries Those addenda will be noticed by the
Authority and will constitute a part of the RFP All responses to the RFP shall be prepared with
full consideration of the addenda issued prior to the Proposal Submission Date
Section 17 Cost of Proposal Preparation
Each Proposal and all information required to be submitted pursuant to the RFP shall be
prepared at the sole cost and expense of the Respondent There shall be no claims whatsoever
against the Authority its staff or consultants for reimbursement for the payment of costs or
expenses incurred in the preparation of the Proposal or other information required by the RFP
Section 18 Proposal Format
Proposals should cover all information requested in this RFP Proposals which in the
judgment of the Authority fail to meet the requirements of the RFP or which are in any way
conditional incomplete obscure contain additions or deletions from requested information or
contain errors may be rejected
Exhibit A
ARTICLE II
SCOPE OF SERVICES
Section 21 Generally
It is the intent of the Authority to solicit Proposals from Respondents that have expertise
in the provision of General Counsel Bond Counsel and Special Energy Counsel services Firms
andor persons responding to this RFP shall be able to demonstrate that they will have the
continuing capabilities to perform these services The proposed term of the contract(s) will end on
July 31 2018 with an option by the Authority to exercise two (2) one-year extensions
Exhibit A
ARTICLE III
PROPOSAL SUBMISSION REQUIREMENTS
Section 31 General Requirements
(a) The Proposal submitted by a Respondent must meet or exceed the professional
administrative and financial qualifications set forth in this Article III and shall incorporate the
information requested below
(b) In addition to the information required as described below a Respondent may
submit supplemental information that it feels may be useful in evaluating its Proposal
Respondents are encouraged to be clear factual and concise in their presentation of information
Section 32 Content and Form of Proposal
(a) Proposal content and completeness are important criteria in the evaluation process
In order to streamline the evaluation process and ensure that all Proposals are evaluated on an
equal basis it is required that Proposals adhere to the standard format outlined below for
presentation of the requested information
Section Section Title
Cover (if applicable)
Proposal Cover Letter (Exhibit B to this RFP)
Table of Contents
1 IntroductionExecutive SummaryGeneral Information
2 Qualifications
3 Fee proposal for General Counsel Bond Counsel and Special Energy Counsel
Services
4 Supplemental Information if any
5 Document Checklist (Exhibit D)
(b)(i) Proposal Cover Letter
The Proposal Cover Letter must be executed by an authorized officer of the Respondent in
the form substantially set forth as Exhibit B hereto
(ii) IntroductionExecutive SummaryGeneral Information (Section 1 of the Proposal)
This section of the Proposal should contain a brief summary of both the background of the
Respondent and its key personnel highlighting the benefits the Respondent believes it can
contribute to the Authority and provide a list of the personnel the firm proposes to utilize to provide
the Counsel Services and identify their individual qualifications The following information with
respect to each Respondent (reference to Respondent shall also mean each subcontract and
subshyconsultant if any) should also be included in this section of the Proposal Principals shall
mean ten percent (10) or greater owners of Respondent or where applicable affiliates
Exhibit A
(A) Name address and telephone number of the Respondent submitting the Proposal pursuant to this
RFP and the contact information for the Contact Person going forward
(B) A description of the business organization (ie corporation partnership joint venture etc) of each
Respondent its ownership and its organizational structure
(C) The number of years Respondent has been in business under the present name and the number of
years it has been under current management
(D) Any judgments claims or suits pending or outstanding against Respondent or affiliates with
explanation of same
(E) A statement as to whether Respondent affiliates or any of their respective principals are now or
have in the past ten (10) years been the subject of any federal or State investigations or proceeding or any
Security and Exchange Authority regulatory investigation or proceeding and if so please indicate the
nature of that investigation or proceeding
(F) Whether Respondent affiliates or any of their respective principals are now or has been involved
in any bankruptcy or re-organization proceedings in the last ten (10) years If yes please explain
(G) Confirm appropriate federal if applicable and State licenses to perform the Counsel Services
(H) An executed Letter of Intent (See Exhibit C)
(I) A copy of Respondentrsquos current Business Registration Certificate
(J) A copy of Respondents Certificate of Liability Insurance
(K) Respondentrsquos completed C271 Political Contribution Disclosure Form
(L) Respondent Contact Data Sheet (See Exhibit D)
(M) Corporate Disclosure Statement (See Exhibit D)
(N) Non-Collusion Affidavit Form - sign and notarize (See Exhibit D)
(O) Mandatory Equal Employment Opportunity Language ndash read (See Exhibit D)
(P) Affirmative Action Language Acknowledgement Form ndash sign (See Exhibit D)
(Q) Americans with Disabilities Act of 1990 Language ndash read and sign (See Exhibit D)
(R) Disclosure of Investment Activities in Iran (See Exhibit D)
Exhibit A
(iii) Qualifications (Section 2 of the Proposal)
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFP At a minimum the information requested below should be included as
appropriate to the RFP
(A) For General Counsel Bond Counsel and Special Energy Counsel Respondent shall
submit the following
(1) Admission to the New Jersey Bar for a minimum of ten (10) years
(2) Describe the services that Respondent would perform directly
(3) Brief description of Respondentrsquos representative transactions during the last three (3) years
(4) A narrative statement of the Respondentrsquos understanding of the Authorityrsquos needs and
goals
(5) Describe those portions of the Respondentrsquos services if any that are subcontracted out
Identify all subcontractors the Respondent anticipates using in connection with the
provision of the Counsel Services
(6) Does the Respondent normally employ union or non-union employees
(7) Name address and contact information of references
(8) Resumes of key employees
(9) Commitment to quality management
(10) Organizational Chart
(11) List all immediate relatives of Principal(s) of Respondent who are Authority employees or
elected officials of the Authority For purposes of the above immediate relative means a
spouse parent stepparent brother sister child stepchild direct-line aunt or uncle
grandparent grandchild and in-laws by reason of relation
(B) Bond Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Has an experienced law practice in the area of public finance including but not
limited to the financing of capital projects through bond ordinances and the
issuance of bonds andor bond anticipation notes in the State of New Jersey for a
minimum of ten (10) years
(2) Firm through their representatives or individuals must be listed as Approved Bond
Counsel in the Bond Buyers Municipal Market Place Directory (the Red Book)
(3) Can demonstrate current knowledge and experience in appropriate State and federal
tax and securities laws as they relate to the Authority public finance matters
including as appropriate interaction with the New Jersey Department of
Community Affairs Division of Local Government Services Local Finance Board
Morris CountyAuthority cash management planinvestment strategies and inter-
municipality coordination of debt issues as they relate to Authority capital programs
and bond issues
Exhibit A
(4) Can demonstrate at least ten (10) years of experience in representation of New
Jersey governmental entities in all public finance related matters including but not
limited to competitive bond and note sales negotiations for noncompetitive bonds
and notes and procuring related financial services and activities
(C) Special Energy Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Knowledge and expertise of and experience with various types of renewable
energy including but not limited to solar energy
(2) Knowledge and expertise of and experience with New Jersey Renewable Energy
Rebates
(3) Knowledge and expertise of and experience with power purchase agreements for
renewable energy including but not limited to procurement issues
(4) Knowledge and expertise of and experience with incentives for renewable energy
programs including but not limited to solar energy
(5) Knowledge and expertise of and experience with different options available to the
Authority in developing and financing a Renewable Energy Program
(6) Knowledge and experience with Solar Renewable Energy Credits
(7) A listing of similar services performed by the submitting firm including a
description of the services performed and the address and telephone number of the
client contact person
(8) Can demonstrate current knowledge and experience in legal services necessary for
the development implementation and structuring of a Renewable Energy
Program including
(a) The negotiation issuance andor administration of bonds and notes for the
financing of renewable energy programs
(b) Providing advice and assistance with respect to the development
structuring and implementation of a renewable energy program to include
solar wind andor geothermal
(c) Providing advice and assistance with establishing criteria for the selection
and participation of renewable energy program participants including
municipalities school districts county and local authority participants as
well as renewable energy system installers operators and maintainers and
energy consultants
(d) Experience with financial environmental and other applicable local and
State law components and the impacts of such laws on renewable energy
programs including the federal tax State regulatory and other impacts
(e) Experience with laws rules or regulations of any governmental stakeholder
including the Department of Community affairs the Board of Public
Utilities and the Department of Education
Exhibit A
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
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abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
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Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 3: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/3.jpg)
ten (10) days prior to receipt of Proposals Such notice shall be in the form set forth in Exhibit A
attached hereto
The Authority has structured this procurement process to ensure that each Respondent is
provided an equal opportunity to submit a Proposal in response to the RFP The Authority may
reject all Proposals waive any nonconformities to the RFP requirements andor take whatever
other action shall be available to the Authority at law or equity as the Authority in its sole
discretion deems to be in the best interests of the Authority The Proposals will be evaluated in
accordance with the criteria set forth in Section IV of this RFP which will be applied in the same
manner to each Proposal received
In order to review or obtain a copy of this RFP and to be considered a Qualified
Respondent all potential Respondents must provide Mr John Bonanni Commissioner for the
Authority with the name address e-mail address and phone number of their designated contact
person (the Contact Person) Mr Bonanni may be contacted by email at
jbonannicomorrisnjus To the extent the Authority in its sole discretion determines to amend
modify supplement revoke or alter any material term or condition of this RFP including without
limitation the procurement process or the criteria for qualification or award which rights are
hereby expressly reserved to the Authority the Authority will make all commercially reasonable
efforts to communicate any such change to each potential Respondent prior to the due date of this
RFP through e-mail or other notification distributed to the Contact Persons
Proposals will be reviewed and evaluated by certain officials of the Authority certain
officials of the County and certain advisors to the Authority andor County (collectively the
Review Team) The Proposals will be reviewed to determine if the Respondent has met the
minimum professional administrative and financial areas described in this RFP Under no
circumstances will a member of the review team review responses to an RFP for a job which they
or their firm submitted a response
Based upon the totality of the information contained in the Proposal including information
about the reputation and experience of each Respondent the Authority will (in its sole judgment)
determine which Respondents are qualified (from professional administrative and financial
standpoints) Each Respondent that meets the requirements of the RFP (in the sole judgment of
the Authority) will be designated as a Qualified Respondent and will be given the opportunity to
participate in the selection process determined by the Authority whereby the Authority shall select
one or more Successful Respondents to provide the Counsel Services which award shall only be
set forth in a Services Contract
The procurement process for the General Counsel Bond Counsel and Special Energy
Counsel commences with the issuance of this RFP The steps involved in the process and the
anticipated completion dates are set forth in the following Anticipated Procurement Schedule The
Authority reserves the right to among other things amend modify alter or terminate the
Anticipated Procurement Schedule whereupon the Authority shall provide notice of such action
to all Contact Persons on behalf of the Respondents
Exhibit A
ANTICIPATED PROCUREMENT SCHEDULE
Activity Date
Issuance of Request for Proposals August 3 2017
Receipt of Proposals August 17 2017 (400 pm)
All communications concerning this RFP or the RFP process shall be directed to John
Bonanni 10 Court Street Suite 517 Purchasing Division Morristown New Jersey 07963
jbonannicomorrisnjus with a copy to Matthew D Jessup Esq via e-mail at
mjessupmsbnjcom Please do not call the Authority for information as written questions that
the Authority determines to be of general application may be disseminated to all potential
Respondents Deadline for written questions is August 8 2017 at 300 PM
Section 13 Submission of Proposals
In order for a Respondents Proposal to be considered under this RFP procurement process
each such Respondent must comply with the following
(a) Each Proposal shall be fully authorized complete in accordance with the terms of
this RFP and executed by an authorized officer of the Respondent
(b) Each Proposal shall be timely submitted to and be received at the Authoritys
Office Attn John Bonanni 10 Court Street Suite 517 Purchasing Division Morristown New
Jersey 07963 via mail or hand delivery on or before 400 pm Eastern Standard Time on
August 17 2017 (the Proposal Submission Date) Proposals will not be accepted by facsimile
transmission or e-mail
(c) Each submittal shall include one set of original documents and two photo-copies
of the original documents and one digital set on CD Rom or Flash-drive enclosed in sealed
envelopes bearing the name and address of the Respondent (including multiple persons or firms
if applicable) the date of the submission of the Proposal and the informational heading Proposal
for General Counsel Bond Counsel and Special Energy Counsel Services submitted to Morris
County Improvement Authority all on the outside of any such sealed envelope
Section 14 Conditions Applicable to RFP
Upon submission of a Proposal in response to this RFP the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Proposal
(a) This document is an RFP and does not constitute a Request For Qualifications
(b) This RFP does not commit the Authority to issue any additional requests
(c) All costs incurred by the Respondent in connection with responding to this RFP
shall be borne solely by the Respondent
Exhibit A
(d) The Authority reserves the right (in its sole judgment) to reject for any reason any
and all Proposals and components thereof and to eliminate any and all Respondents responding to
this RFP from further consideration for this procurement
(e) The Authority reserves the right (in its sole judgment) to reject any Respondent that
submits incomplete responses to this RFP or a Proposal that is not responsive to the requirements
of this RFP
(f) The Authority reserves the right without prior notice to supplement amend or
otherwise modify this RFP or otherwise request additional information
(g) All Proposals shall become the property of the Authority and will not be returned
(h) All Proposals will be made available to the public at the appropriate time as
determined by the Authority (in the exercise of its sole discretion) in accordance with law
(i) The Authority may request Respondents to send representatives to the Authority
for interviews
(j) Any and all Proposals not received by the Authority by 400 pm Eastern Standard
Time on August 17 2017 will be rejected
(k) Neither the Authority nor their respective staffs consultants or advisors (including
but not limited to the Review Team) shall be liable for any claims or damages resulting from the
solicitation or preparation of the Proposals nor will there be any reimbursement to Respondents
for the cost of preparing and submitting a Proposal or for participating in this procurement process
Section 15 Rights of Authority
The Authority reserves holds and may exercise at its sole discretion the following rights
and options with regard to this RFP and the procurement process in accordance with the provisions
of applicable law
(a) To determine that any Proposal received complies or fails to comply with the terms
of this RFP
(b) To supplement amend or otherwise modify the RFP through issuance of addenda
to all prospective Respondents who have received a copy of this RFP
(c) To waive any technical non-conformance with the terms of this RFP
(d) 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
Exhibit A
(e) To conduct investigations of any or all of the Respondents as the Authority deems
necessary or convenient to clarify the information provided as part of the Proposal and to request
additional information to support the information included in any Proposal
(f) To suspend or terminate the procurement process described in this RFP at any time
(in its sole discretion) If terminated the Authority may determine to commence a new
procurement process or exercise any other rights provided under applicable law without any
obligation to the Respondents
The Authority shall be under no obligation to complete all or any portion of the procurement
process described in this RFP
Section 16 Addenda or Amendments to RFP
During the period provided for the preparation of responses to the RFP the Authority may
issue addenda amendments or answers to written inquiries Those addenda will be noticed by the
Authority and will constitute a part of the RFP All responses to the RFP shall be prepared with
full consideration of the addenda issued prior to the Proposal Submission Date
Section 17 Cost of Proposal Preparation
Each Proposal and all information required to be submitted pursuant to the RFP shall be
prepared at the sole cost and expense of the Respondent There shall be no claims whatsoever
against the Authority its staff or consultants for reimbursement for the payment of costs or
expenses incurred in the preparation of the Proposal or other information required by the RFP
Section 18 Proposal Format
Proposals should cover all information requested in this RFP Proposals which in the
judgment of the Authority fail to meet the requirements of the RFP or which are in any way
conditional incomplete obscure contain additions or deletions from requested information or
contain errors may be rejected
Exhibit A
ARTICLE II
SCOPE OF SERVICES
Section 21 Generally
It is the intent of the Authority to solicit Proposals from Respondents that have expertise
in the provision of General Counsel Bond Counsel and Special Energy Counsel services Firms
andor persons responding to this RFP shall be able to demonstrate that they will have the
continuing capabilities to perform these services The proposed term of the contract(s) will end on
July 31 2018 with an option by the Authority to exercise two (2) one-year extensions
Exhibit A
ARTICLE III
PROPOSAL SUBMISSION REQUIREMENTS
Section 31 General Requirements
(a) The Proposal submitted by a Respondent must meet or exceed the professional
administrative and financial qualifications set forth in this Article III and shall incorporate the
information requested below
(b) In addition to the information required as described below a Respondent may
submit supplemental information that it feels may be useful in evaluating its Proposal
Respondents are encouraged to be clear factual and concise in their presentation of information
Section 32 Content and Form of Proposal
(a) Proposal content and completeness are important criteria in the evaluation process
In order to streamline the evaluation process and ensure that all Proposals are evaluated on an
equal basis it is required that Proposals adhere to the standard format outlined below for
presentation of the requested information
Section Section Title
Cover (if applicable)
Proposal Cover Letter (Exhibit B to this RFP)
Table of Contents
1 IntroductionExecutive SummaryGeneral Information
2 Qualifications
3 Fee proposal for General Counsel Bond Counsel and Special Energy Counsel
Services
4 Supplemental Information if any
5 Document Checklist (Exhibit D)
(b)(i) Proposal Cover Letter
The Proposal Cover Letter must be executed by an authorized officer of the Respondent in
the form substantially set forth as Exhibit B hereto
(ii) IntroductionExecutive SummaryGeneral Information (Section 1 of the Proposal)
This section of the Proposal should contain a brief summary of both the background of the
Respondent and its key personnel highlighting the benefits the Respondent believes it can
contribute to the Authority and provide a list of the personnel the firm proposes to utilize to provide
the Counsel Services and identify their individual qualifications The following information with
respect to each Respondent (reference to Respondent shall also mean each subcontract and
subshyconsultant if any) should also be included in this section of the Proposal Principals shall
mean ten percent (10) or greater owners of Respondent or where applicable affiliates
Exhibit A
(A) Name address and telephone number of the Respondent submitting the Proposal pursuant to this
RFP and the contact information for the Contact Person going forward
(B) A description of the business organization (ie corporation partnership joint venture etc) of each
Respondent its ownership and its organizational structure
(C) The number of years Respondent has been in business under the present name and the number of
years it has been under current management
(D) Any judgments claims or suits pending or outstanding against Respondent or affiliates with
explanation of same
(E) A statement as to whether Respondent affiliates or any of their respective principals are now or
have in the past ten (10) years been the subject of any federal or State investigations or proceeding or any
Security and Exchange Authority regulatory investigation or proceeding and if so please indicate the
nature of that investigation or proceeding
(F) Whether Respondent affiliates or any of their respective principals are now or has been involved
in any bankruptcy or re-organization proceedings in the last ten (10) years If yes please explain
(G) Confirm appropriate federal if applicable and State licenses to perform the Counsel Services
(H) An executed Letter of Intent (See Exhibit C)
(I) A copy of Respondentrsquos current Business Registration Certificate
(J) A copy of Respondents Certificate of Liability Insurance
(K) Respondentrsquos completed C271 Political Contribution Disclosure Form
(L) Respondent Contact Data Sheet (See Exhibit D)
(M) Corporate Disclosure Statement (See Exhibit D)
(N) Non-Collusion Affidavit Form - sign and notarize (See Exhibit D)
(O) Mandatory Equal Employment Opportunity Language ndash read (See Exhibit D)
(P) Affirmative Action Language Acknowledgement Form ndash sign (See Exhibit D)
(Q) Americans with Disabilities Act of 1990 Language ndash read and sign (See Exhibit D)
(R) Disclosure of Investment Activities in Iran (See Exhibit D)
Exhibit A
(iii) Qualifications (Section 2 of the Proposal)
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFP At a minimum the information requested below should be included as
appropriate to the RFP
(A) For General Counsel Bond Counsel and Special Energy Counsel Respondent shall
submit the following
(1) Admission to the New Jersey Bar for a minimum of ten (10) years
(2) Describe the services that Respondent would perform directly
(3) Brief description of Respondentrsquos representative transactions during the last three (3) years
(4) A narrative statement of the Respondentrsquos understanding of the Authorityrsquos needs and
goals
(5) Describe those portions of the Respondentrsquos services if any that are subcontracted out
Identify all subcontractors the Respondent anticipates using in connection with the
provision of the Counsel Services
(6) Does the Respondent normally employ union or non-union employees
(7) Name address and contact information of references
(8) Resumes of key employees
(9) Commitment to quality management
(10) Organizational Chart
(11) List all immediate relatives of Principal(s) of Respondent who are Authority employees or
elected officials of the Authority For purposes of the above immediate relative means a
spouse parent stepparent brother sister child stepchild direct-line aunt or uncle
grandparent grandchild and in-laws by reason of relation
(B) Bond Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Has an experienced law practice in the area of public finance including but not
limited to the financing of capital projects through bond ordinances and the
issuance of bonds andor bond anticipation notes in the State of New Jersey for a
minimum of ten (10) years
(2) Firm through their representatives or individuals must be listed as Approved Bond
Counsel in the Bond Buyers Municipal Market Place Directory (the Red Book)
(3) Can demonstrate current knowledge and experience in appropriate State and federal
tax and securities laws as they relate to the Authority public finance matters
including as appropriate interaction with the New Jersey Department of
Community Affairs Division of Local Government Services Local Finance Board
Morris CountyAuthority cash management planinvestment strategies and inter-
municipality coordination of debt issues as they relate to Authority capital programs
and bond issues
Exhibit A
(4) Can demonstrate at least ten (10) years of experience in representation of New
Jersey governmental entities in all public finance related matters including but not
limited to competitive bond and note sales negotiations for noncompetitive bonds
and notes and procuring related financial services and activities
(C) Special Energy Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Knowledge and expertise of and experience with various types of renewable
energy including but not limited to solar energy
(2) Knowledge and expertise of and experience with New Jersey Renewable Energy
Rebates
(3) Knowledge and expertise of and experience with power purchase agreements for
renewable energy including but not limited to procurement issues
(4) Knowledge and expertise of and experience with incentives for renewable energy
programs including but not limited to solar energy
(5) Knowledge and expertise of and experience with different options available to the
Authority in developing and financing a Renewable Energy Program
(6) Knowledge and experience with Solar Renewable Energy Credits
(7) A listing of similar services performed by the submitting firm including a
description of the services performed and the address and telephone number of the
client contact person
(8) Can demonstrate current knowledge and experience in legal services necessary for
the development implementation and structuring of a Renewable Energy
Program including
(a) The negotiation issuance andor administration of bonds and notes for the
financing of renewable energy programs
(b) Providing advice and assistance with respect to the development
structuring and implementation of a renewable energy program to include
solar wind andor geothermal
(c) Providing advice and assistance with establishing criteria for the selection
and participation of renewable energy program participants including
municipalities school districts county and local authority participants as
well as renewable energy system installers operators and maintainers and
energy consultants
(d) Experience with financial environmental and other applicable local and
State law components and the impacts of such laws on renewable energy
programs including the federal tax State regulatory and other impacts
(e) Experience with laws rules or regulations of any governmental stakeholder
including the Department of Community affairs the Board of Public
Utilities and the Department of Education
Exhibit A
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 4: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/4.jpg)
ANTICIPATED PROCUREMENT SCHEDULE
Activity Date
Issuance of Request for Proposals August 3 2017
Receipt of Proposals August 17 2017 (400 pm)
All communications concerning this RFP or the RFP process shall be directed to John
Bonanni 10 Court Street Suite 517 Purchasing Division Morristown New Jersey 07963
jbonannicomorrisnjus with a copy to Matthew D Jessup Esq via e-mail at
mjessupmsbnjcom Please do not call the Authority for information as written questions that
the Authority determines to be of general application may be disseminated to all potential
Respondents Deadline for written questions is August 8 2017 at 300 PM
Section 13 Submission of Proposals
In order for a Respondents Proposal to be considered under this RFP procurement process
each such Respondent must comply with the following
(a) Each Proposal shall be fully authorized complete in accordance with the terms of
this RFP and executed by an authorized officer of the Respondent
(b) Each Proposal shall be timely submitted to and be received at the Authoritys
Office Attn John Bonanni 10 Court Street Suite 517 Purchasing Division Morristown New
Jersey 07963 via mail or hand delivery on or before 400 pm Eastern Standard Time on
August 17 2017 (the Proposal Submission Date) Proposals will not be accepted by facsimile
transmission or e-mail
(c) Each submittal shall include one set of original documents and two photo-copies
of the original documents and one digital set on CD Rom or Flash-drive enclosed in sealed
envelopes bearing the name and address of the Respondent (including multiple persons or firms
if applicable) the date of the submission of the Proposal and the informational heading Proposal
for General Counsel Bond Counsel and Special Energy Counsel Services submitted to Morris
County Improvement Authority all on the outside of any such sealed envelope
Section 14 Conditions Applicable to RFP
Upon submission of a Proposal in response to this RFP the Respondent acknowledges and
consents to the following conditions relative to the submission and review and consideration of its
Proposal
(a) This document is an RFP and does not constitute a Request For Qualifications
(b) This RFP does not commit the Authority to issue any additional requests
(c) All costs incurred by the Respondent in connection with responding to this RFP
shall be borne solely by the Respondent
Exhibit A
(d) The Authority reserves the right (in its sole judgment) to reject for any reason any
and all Proposals and components thereof and to eliminate any and all Respondents responding to
this RFP from further consideration for this procurement
(e) The Authority reserves the right (in its sole judgment) to reject any Respondent that
submits incomplete responses to this RFP or a Proposal that is not responsive to the requirements
of this RFP
(f) The Authority reserves the right without prior notice to supplement amend or
otherwise modify this RFP or otherwise request additional information
(g) All Proposals shall become the property of the Authority and will not be returned
(h) All Proposals will be made available to the public at the appropriate time as
determined by the Authority (in the exercise of its sole discretion) in accordance with law
(i) The Authority may request Respondents to send representatives to the Authority
for interviews
(j) Any and all Proposals not received by the Authority by 400 pm Eastern Standard
Time on August 17 2017 will be rejected
(k) Neither the Authority nor their respective staffs consultants or advisors (including
but not limited to the Review Team) shall be liable for any claims or damages resulting from the
solicitation or preparation of the Proposals nor will there be any reimbursement to Respondents
for the cost of preparing and submitting a Proposal or for participating in this procurement process
Section 15 Rights of Authority
The Authority reserves holds and may exercise at its sole discretion the following rights
and options with regard to this RFP and the procurement process in accordance with the provisions
of applicable law
(a) To determine that any Proposal received complies or fails to comply with the terms
of this RFP
(b) To supplement amend or otherwise modify the RFP through issuance of addenda
to all prospective Respondents who have received a copy of this RFP
(c) To waive any technical non-conformance with the terms of this RFP
(d) 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
Exhibit A
(e) To conduct investigations of any or all of the Respondents as the Authority deems
necessary or convenient to clarify the information provided as part of the Proposal and to request
additional information to support the information included in any Proposal
(f) To suspend or terminate the procurement process described in this RFP at any time
(in its sole discretion) If terminated the Authority may determine to commence a new
procurement process or exercise any other rights provided under applicable law without any
obligation to the Respondents
The Authority shall be under no obligation to complete all or any portion of the procurement
process described in this RFP
Section 16 Addenda or Amendments to RFP
During the period provided for the preparation of responses to the RFP the Authority may
issue addenda amendments or answers to written inquiries Those addenda will be noticed by the
Authority and will constitute a part of the RFP All responses to the RFP shall be prepared with
full consideration of the addenda issued prior to the Proposal Submission Date
Section 17 Cost of Proposal Preparation
Each Proposal and all information required to be submitted pursuant to the RFP shall be
prepared at the sole cost and expense of the Respondent There shall be no claims whatsoever
against the Authority its staff or consultants for reimbursement for the payment of costs or
expenses incurred in the preparation of the Proposal or other information required by the RFP
Section 18 Proposal Format
Proposals should cover all information requested in this RFP Proposals which in the
judgment of the Authority fail to meet the requirements of the RFP or which are in any way
conditional incomplete obscure contain additions or deletions from requested information or
contain errors may be rejected
Exhibit A
ARTICLE II
SCOPE OF SERVICES
Section 21 Generally
It is the intent of the Authority to solicit Proposals from Respondents that have expertise
in the provision of General Counsel Bond Counsel and Special Energy Counsel services Firms
andor persons responding to this RFP shall be able to demonstrate that they will have the
continuing capabilities to perform these services The proposed term of the contract(s) will end on
July 31 2018 with an option by the Authority to exercise two (2) one-year extensions
Exhibit A
ARTICLE III
PROPOSAL SUBMISSION REQUIREMENTS
Section 31 General Requirements
(a) The Proposal submitted by a Respondent must meet or exceed the professional
administrative and financial qualifications set forth in this Article III and shall incorporate the
information requested below
(b) In addition to the information required as described below a Respondent may
submit supplemental information that it feels may be useful in evaluating its Proposal
Respondents are encouraged to be clear factual and concise in their presentation of information
Section 32 Content and Form of Proposal
(a) Proposal content and completeness are important criteria in the evaluation process
In order to streamline the evaluation process and ensure that all Proposals are evaluated on an
equal basis it is required that Proposals adhere to the standard format outlined below for
presentation of the requested information
Section Section Title
Cover (if applicable)
Proposal Cover Letter (Exhibit B to this RFP)
Table of Contents
1 IntroductionExecutive SummaryGeneral Information
2 Qualifications
3 Fee proposal for General Counsel Bond Counsel and Special Energy Counsel
Services
4 Supplemental Information if any
5 Document Checklist (Exhibit D)
(b)(i) Proposal Cover Letter
The Proposal Cover Letter must be executed by an authorized officer of the Respondent in
the form substantially set forth as Exhibit B hereto
(ii) IntroductionExecutive SummaryGeneral Information (Section 1 of the Proposal)
This section of the Proposal should contain a brief summary of both the background of the
Respondent and its key personnel highlighting the benefits the Respondent believes it can
contribute to the Authority and provide a list of the personnel the firm proposes to utilize to provide
the Counsel Services and identify their individual qualifications The following information with
respect to each Respondent (reference to Respondent shall also mean each subcontract and
subshyconsultant if any) should also be included in this section of the Proposal Principals shall
mean ten percent (10) or greater owners of Respondent or where applicable affiliates
Exhibit A
(A) Name address and telephone number of the Respondent submitting the Proposal pursuant to this
RFP and the contact information for the Contact Person going forward
(B) A description of the business organization (ie corporation partnership joint venture etc) of each
Respondent its ownership and its organizational structure
(C) The number of years Respondent has been in business under the present name and the number of
years it has been under current management
(D) Any judgments claims or suits pending or outstanding against Respondent or affiliates with
explanation of same
(E) A statement as to whether Respondent affiliates or any of their respective principals are now or
have in the past ten (10) years been the subject of any federal or State investigations or proceeding or any
Security and Exchange Authority regulatory investigation or proceeding and if so please indicate the
nature of that investigation or proceeding
(F) Whether Respondent affiliates or any of their respective principals are now or has been involved
in any bankruptcy or re-organization proceedings in the last ten (10) years If yes please explain
(G) Confirm appropriate federal if applicable and State licenses to perform the Counsel Services
(H) An executed Letter of Intent (See Exhibit C)
(I) A copy of Respondentrsquos current Business Registration Certificate
(J) A copy of Respondents Certificate of Liability Insurance
(K) Respondentrsquos completed C271 Political Contribution Disclosure Form
(L) Respondent Contact Data Sheet (See Exhibit D)
(M) Corporate Disclosure Statement (See Exhibit D)
(N) Non-Collusion Affidavit Form - sign and notarize (See Exhibit D)
(O) Mandatory Equal Employment Opportunity Language ndash read (See Exhibit D)
(P) Affirmative Action Language Acknowledgement Form ndash sign (See Exhibit D)
(Q) Americans with Disabilities Act of 1990 Language ndash read and sign (See Exhibit D)
(R) Disclosure of Investment Activities in Iran (See Exhibit D)
Exhibit A
(iii) Qualifications (Section 2 of the Proposal)
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFP At a minimum the information requested below should be included as
appropriate to the RFP
(A) For General Counsel Bond Counsel and Special Energy Counsel Respondent shall
submit the following
(1) Admission to the New Jersey Bar for a minimum of ten (10) years
(2) Describe the services that Respondent would perform directly
(3) Brief description of Respondentrsquos representative transactions during the last three (3) years
(4) A narrative statement of the Respondentrsquos understanding of the Authorityrsquos needs and
goals
(5) Describe those portions of the Respondentrsquos services if any that are subcontracted out
Identify all subcontractors the Respondent anticipates using in connection with the
provision of the Counsel Services
(6) Does the Respondent normally employ union or non-union employees
(7) Name address and contact information of references
(8) Resumes of key employees
(9) Commitment to quality management
(10) Organizational Chart
(11) List all immediate relatives of Principal(s) of Respondent who are Authority employees or
elected officials of the Authority For purposes of the above immediate relative means a
spouse parent stepparent brother sister child stepchild direct-line aunt or uncle
grandparent grandchild and in-laws by reason of relation
(B) Bond Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Has an experienced law practice in the area of public finance including but not
limited to the financing of capital projects through bond ordinances and the
issuance of bonds andor bond anticipation notes in the State of New Jersey for a
minimum of ten (10) years
(2) Firm through their representatives or individuals must be listed as Approved Bond
Counsel in the Bond Buyers Municipal Market Place Directory (the Red Book)
(3) Can demonstrate current knowledge and experience in appropriate State and federal
tax and securities laws as they relate to the Authority public finance matters
including as appropriate interaction with the New Jersey Department of
Community Affairs Division of Local Government Services Local Finance Board
Morris CountyAuthority cash management planinvestment strategies and inter-
municipality coordination of debt issues as they relate to Authority capital programs
and bond issues
Exhibit A
(4) Can demonstrate at least ten (10) years of experience in representation of New
Jersey governmental entities in all public finance related matters including but not
limited to competitive bond and note sales negotiations for noncompetitive bonds
and notes and procuring related financial services and activities
(C) Special Energy Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Knowledge and expertise of and experience with various types of renewable
energy including but not limited to solar energy
(2) Knowledge and expertise of and experience with New Jersey Renewable Energy
Rebates
(3) Knowledge and expertise of and experience with power purchase agreements for
renewable energy including but not limited to procurement issues
(4) Knowledge and expertise of and experience with incentives for renewable energy
programs including but not limited to solar energy
(5) Knowledge and expertise of and experience with different options available to the
Authority in developing and financing a Renewable Energy Program
(6) Knowledge and experience with Solar Renewable Energy Credits
(7) A listing of similar services performed by the submitting firm including a
description of the services performed and the address and telephone number of the
client contact person
(8) Can demonstrate current knowledge and experience in legal services necessary for
the development implementation and structuring of a Renewable Energy
Program including
(a) The negotiation issuance andor administration of bonds and notes for the
financing of renewable energy programs
(b) Providing advice and assistance with respect to the development
structuring and implementation of a renewable energy program to include
solar wind andor geothermal
(c) Providing advice and assistance with establishing criteria for the selection
and participation of renewable energy program participants including
municipalities school districts county and local authority participants as
well as renewable energy system installers operators and maintainers and
energy consultants
(d) Experience with financial environmental and other applicable local and
State law components and the impacts of such laws on renewable energy
programs including the federal tax State regulatory and other impacts
(e) Experience with laws rules or regulations of any governmental stakeholder
including the Department of Community affairs the Board of Public
Utilities and the Department of Education
Exhibit A
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
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Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 5: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/5.jpg)
(d) The Authority reserves the right (in its sole judgment) to reject for any reason any
and all Proposals and components thereof and to eliminate any and all Respondents responding to
this RFP from further consideration for this procurement
(e) The Authority reserves the right (in its sole judgment) to reject any Respondent that
submits incomplete responses to this RFP or a Proposal that is not responsive to the requirements
of this RFP
(f) The Authority reserves the right without prior notice to supplement amend or
otherwise modify this RFP or otherwise request additional information
(g) All Proposals shall become the property of the Authority and will not be returned
(h) All Proposals will be made available to the public at the appropriate time as
determined by the Authority (in the exercise of its sole discretion) in accordance with law
(i) The Authority may request Respondents to send representatives to the Authority
for interviews
(j) Any and all Proposals not received by the Authority by 400 pm Eastern Standard
Time on August 17 2017 will be rejected
(k) Neither the Authority nor their respective staffs consultants or advisors (including
but not limited to the Review Team) shall be liable for any claims or damages resulting from the
solicitation or preparation of the Proposals nor will there be any reimbursement to Respondents
for the cost of preparing and submitting a Proposal or for participating in this procurement process
Section 15 Rights of Authority
The Authority reserves holds and may exercise at its sole discretion the following rights
and options with regard to this RFP and the procurement process in accordance with the provisions
of applicable law
(a) To determine that any Proposal received complies or fails to comply with the terms
of this RFP
(b) To supplement amend or otherwise modify the RFP through issuance of addenda
to all prospective Respondents who have received a copy of this RFP
(c) To waive any technical non-conformance with the terms of this RFP
(d) 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
Exhibit A
(e) To conduct investigations of any or all of the Respondents as the Authority deems
necessary or convenient to clarify the information provided as part of the Proposal and to request
additional information to support the information included in any Proposal
(f) To suspend or terminate the procurement process described in this RFP at any time
(in its sole discretion) If terminated the Authority may determine to commence a new
procurement process or exercise any other rights provided under applicable law without any
obligation to the Respondents
The Authority shall be under no obligation to complete all or any portion of the procurement
process described in this RFP
Section 16 Addenda or Amendments to RFP
During the period provided for the preparation of responses to the RFP the Authority may
issue addenda amendments or answers to written inquiries Those addenda will be noticed by the
Authority and will constitute a part of the RFP All responses to the RFP shall be prepared with
full consideration of the addenda issued prior to the Proposal Submission Date
Section 17 Cost of Proposal Preparation
Each Proposal and all information required to be submitted pursuant to the RFP shall be
prepared at the sole cost and expense of the Respondent There shall be no claims whatsoever
against the Authority its staff or consultants for reimbursement for the payment of costs or
expenses incurred in the preparation of the Proposal or other information required by the RFP
Section 18 Proposal Format
Proposals should cover all information requested in this RFP Proposals which in the
judgment of the Authority fail to meet the requirements of the RFP or which are in any way
conditional incomplete obscure contain additions or deletions from requested information or
contain errors may be rejected
Exhibit A
ARTICLE II
SCOPE OF SERVICES
Section 21 Generally
It is the intent of the Authority to solicit Proposals from Respondents that have expertise
in the provision of General Counsel Bond Counsel and Special Energy Counsel services Firms
andor persons responding to this RFP shall be able to demonstrate that they will have the
continuing capabilities to perform these services The proposed term of the contract(s) will end on
July 31 2018 with an option by the Authority to exercise two (2) one-year extensions
Exhibit A
ARTICLE III
PROPOSAL SUBMISSION REQUIREMENTS
Section 31 General Requirements
(a) The Proposal submitted by a Respondent must meet or exceed the professional
administrative and financial qualifications set forth in this Article III and shall incorporate the
information requested below
(b) In addition to the information required as described below a Respondent may
submit supplemental information that it feels may be useful in evaluating its Proposal
Respondents are encouraged to be clear factual and concise in their presentation of information
Section 32 Content and Form of Proposal
(a) Proposal content and completeness are important criteria in the evaluation process
In order to streamline the evaluation process and ensure that all Proposals are evaluated on an
equal basis it is required that Proposals adhere to the standard format outlined below for
presentation of the requested information
Section Section Title
Cover (if applicable)
Proposal Cover Letter (Exhibit B to this RFP)
Table of Contents
1 IntroductionExecutive SummaryGeneral Information
2 Qualifications
3 Fee proposal for General Counsel Bond Counsel and Special Energy Counsel
Services
4 Supplemental Information if any
5 Document Checklist (Exhibit D)
(b)(i) Proposal Cover Letter
The Proposal Cover Letter must be executed by an authorized officer of the Respondent in
the form substantially set forth as Exhibit B hereto
(ii) IntroductionExecutive SummaryGeneral Information (Section 1 of the Proposal)
This section of the Proposal should contain a brief summary of both the background of the
Respondent and its key personnel highlighting the benefits the Respondent believes it can
contribute to the Authority and provide a list of the personnel the firm proposes to utilize to provide
the Counsel Services and identify their individual qualifications The following information with
respect to each Respondent (reference to Respondent shall also mean each subcontract and
subshyconsultant if any) should also be included in this section of the Proposal Principals shall
mean ten percent (10) or greater owners of Respondent or where applicable affiliates
Exhibit A
(A) Name address and telephone number of the Respondent submitting the Proposal pursuant to this
RFP and the contact information for the Contact Person going forward
(B) A description of the business organization (ie corporation partnership joint venture etc) of each
Respondent its ownership and its organizational structure
(C) The number of years Respondent has been in business under the present name and the number of
years it has been under current management
(D) Any judgments claims or suits pending or outstanding against Respondent or affiliates with
explanation of same
(E) A statement as to whether Respondent affiliates or any of their respective principals are now or
have in the past ten (10) years been the subject of any federal or State investigations or proceeding or any
Security and Exchange Authority regulatory investigation or proceeding and if so please indicate the
nature of that investigation or proceeding
(F) Whether Respondent affiliates or any of their respective principals are now or has been involved
in any bankruptcy or re-organization proceedings in the last ten (10) years If yes please explain
(G) Confirm appropriate federal if applicable and State licenses to perform the Counsel Services
(H) An executed Letter of Intent (See Exhibit C)
(I) A copy of Respondentrsquos current Business Registration Certificate
(J) A copy of Respondents Certificate of Liability Insurance
(K) Respondentrsquos completed C271 Political Contribution Disclosure Form
(L) Respondent Contact Data Sheet (See Exhibit D)
(M) Corporate Disclosure Statement (See Exhibit D)
(N) Non-Collusion Affidavit Form - sign and notarize (See Exhibit D)
(O) Mandatory Equal Employment Opportunity Language ndash read (See Exhibit D)
(P) Affirmative Action Language Acknowledgement Form ndash sign (See Exhibit D)
(Q) Americans with Disabilities Act of 1990 Language ndash read and sign (See Exhibit D)
(R) Disclosure of Investment Activities in Iran (See Exhibit D)
Exhibit A
(iii) Qualifications (Section 2 of the Proposal)
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFP At a minimum the information requested below should be included as
appropriate to the RFP
(A) For General Counsel Bond Counsel and Special Energy Counsel Respondent shall
submit the following
(1) Admission to the New Jersey Bar for a minimum of ten (10) years
(2) Describe the services that Respondent would perform directly
(3) Brief description of Respondentrsquos representative transactions during the last three (3) years
(4) A narrative statement of the Respondentrsquos understanding of the Authorityrsquos needs and
goals
(5) Describe those portions of the Respondentrsquos services if any that are subcontracted out
Identify all subcontractors the Respondent anticipates using in connection with the
provision of the Counsel Services
(6) Does the Respondent normally employ union or non-union employees
(7) Name address and contact information of references
(8) Resumes of key employees
(9) Commitment to quality management
(10) Organizational Chart
(11) List all immediate relatives of Principal(s) of Respondent who are Authority employees or
elected officials of the Authority For purposes of the above immediate relative means a
spouse parent stepparent brother sister child stepchild direct-line aunt or uncle
grandparent grandchild and in-laws by reason of relation
(B) Bond Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Has an experienced law practice in the area of public finance including but not
limited to the financing of capital projects through bond ordinances and the
issuance of bonds andor bond anticipation notes in the State of New Jersey for a
minimum of ten (10) years
(2) Firm through their representatives or individuals must be listed as Approved Bond
Counsel in the Bond Buyers Municipal Market Place Directory (the Red Book)
(3) Can demonstrate current knowledge and experience in appropriate State and federal
tax and securities laws as they relate to the Authority public finance matters
including as appropriate interaction with the New Jersey Department of
Community Affairs Division of Local Government Services Local Finance Board
Morris CountyAuthority cash management planinvestment strategies and inter-
municipality coordination of debt issues as they relate to Authority capital programs
and bond issues
Exhibit A
(4) Can demonstrate at least ten (10) years of experience in representation of New
Jersey governmental entities in all public finance related matters including but not
limited to competitive bond and note sales negotiations for noncompetitive bonds
and notes and procuring related financial services and activities
(C) Special Energy Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Knowledge and expertise of and experience with various types of renewable
energy including but not limited to solar energy
(2) Knowledge and expertise of and experience with New Jersey Renewable Energy
Rebates
(3) Knowledge and expertise of and experience with power purchase agreements for
renewable energy including but not limited to procurement issues
(4) Knowledge and expertise of and experience with incentives for renewable energy
programs including but not limited to solar energy
(5) Knowledge and expertise of and experience with different options available to the
Authority in developing and financing a Renewable Energy Program
(6) Knowledge and experience with Solar Renewable Energy Credits
(7) A listing of similar services performed by the submitting firm including a
description of the services performed and the address and telephone number of the
client contact person
(8) Can demonstrate current knowledge and experience in legal services necessary for
the development implementation and structuring of a Renewable Energy
Program including
(a) The negotiation issuance andor administration of bonds and notes for the
financing of renewable energy programs
(b) Providing advice and assistance with respect to the development
structuring and implementation of a renewable energy program to include
solar wind andor geothermal
(c) Providing advice and assistance with establishing criteria for the selection
and participation of renewable energy program participants including
municipalities school districts county and local authority participants as
well as renewable energy system installers operators and maintainers and
energy consultants
(d) Experience with financial environmental and other applicable local and
State law components and the impacts of such laws on renewable energy
programs including the federal tax State regulatory and other impacts
(e) Experience with laws rules or regulations of any governmental stakeholder
including the Department of Community affairs the Board of Public
Utilities and the Department of Education
Exhibit A
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 6: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/6.jpg)
(e) To conduct investigations of any or all of the Respondents as the Authority deems
necessary or convenient to clarify the information provided as part of the Proposal and to request
additional information to support the information included in any Proposal
(f) To suspend or terminate the procurement process described in this RFP at any time
(in its sole discretion) If terminated the Authority may determine to commence a new
procurement process or exercise any other rights provided under applicable law without any
obligation to the Respondents
The Authority shall be under no obligation to complete all or any portion of the procurement
process described in this RFP
Section 16 Addenda or Amendments to RFP
During the period provided for the preparation of responses to the RFP the Authority may
issue addenda amendments or answers to written inquiries Those addenda will be noticed by the
Authority and will constitute a part of the RFP All responses to the RFP shall be prepared with
full consideration of the addenda issued prior to the Proposal Submission Date
Section 17 Cost of Proposal Preparation
Each Proposal and all information required to be submitted pursuant to the RFP shall be
prepared at the sole cost and expense of the Respondent There shall be no claims whatsoever
against the Authority its staff or consultants for reimbursement for the payment of costs or
expenses incurred in the preparation of the Proposal or other information required by the RFP
Section 18 Proposal Format
Proposals should cover all information requested in this RFP Proposals which in the
judgment of the Authority fail to meet the requirements of the RFP or which are in any way
conditional incomplete obscure contain additions or deletions from requested information or
contain errors may be rejected
Exhibit A
ARTICLE II
SCOPE OF SERVICES
Section 21 Generally
It is the intent of the Authority to solicit Proposals from Respondents that have expertise
in the provision of General Counsel Bond Counsel and Special Energy Counsel services Firms
andor persons responding to this RFP shall be able to demonstrate that they will have the
continuing capabilities to perform these services The proposed term of the contract(s) will end on
July 31 2018 with an option by the Authority to exercise two (2) one-year extensions
Exhibit A
ARTICLE III
PROPOSAL SUBMISSION REQUIREMENTS
Section 31 General Requirements
(a) The Proposal submitted by a Respondent must meet or exceed the professional
administrative and financial qualifications set forth in this Article III and shall incorporate the
information requested below
(b) In addition to the information required as described below a Respondent may
submit supplemental information that it feels may be useful in evaluating its Proposal
Respondents are encouraged to be clear factual and concise in their presentation of information
Section 32 Content and Form of Proposal
(a) Proposal content and completeness are important criteria in the evaluation process
In order to streamline the evaluation process and ensure that all Proposals are evaluated on an
equal basis it is required that Proposals adhere to the standard format outlined below for
presentation of the requested information
Section Section Title
Cover (if applicable)
Proposal Cover Letter (Exhibit B to this RFP)
Table of Contents
1 IntroductionExecutive SummaryGeneral Information
2 Qualifications
3 Fee proposal for General Counsel Bond Counsel and Special Energy Counsel
Services
4 Supplemental Information if any
5 Document Checklist (Exhibit D)
(b)(i) Proposal Cover Letter
The Proposal Cover Letter must be executed by an authorized officer of the Respondent in
the form substantially set forth as Exhibit B hereto
(ii) IntroductionExecutive SummaryGeneral Information (Section 1 of the Proposal)
This section of the Proposal should contain a brief summary of both the background of the
Respondent and its key personnel highlighting the benefits the Respondent believes it can
contribute to the Authority and provide a list of the personnel the firm proposes to utilize to provide
the Counsel Services and identify their individual qualifications The following information with
respect to each Respondent (reference to Respondent shall also mean each subcontract and
subshyconsultant if any) should also be included in this section of the Proposal Principals shall
mean ten percent (10) or greater owners of Respondent or where applicable affiliates
Exhibit A
(A) Name address and telephone number of the Respondent submitting the Proposal pursuant to this
RFP and the contact information for the Contact Person going forward
(B) A description of the business organization (ie corporation partnership joint venture etc) of each
Respondent its ownership and its organizational structure
(C) The number of years Respondent has been in business under the present name and the number of
years it has been under current management
(D) Any judgments claims or suits pending or outstanding against Respondent or affiliates with
explanation of same
(E) A statement as to whether Respondent affiliates or any of their respective principals are now or
have in the past ten (10) years been the subject of any federal or State investigations or proceeding or any
Security and Exchange Authority regulatory investigation or proceeding and if so please indicate the
nature of that investigation or proceeding
(F) Whether Respondent affiliates or any of their respective principals are now or has been involved
in any bankruptcy or re-organization proceedings in the last ten (10) years If yes please explain
(G) Confirm appropriate federal if applicable and State licenses to perform the Counsel Services
(H) An executed Letter of Intent (See Exhibit C)
(I) A copy of Respondentrsquos current Business Registration Certificate
(J) A copy of Respondents Certificate of Liability Insurance
(K) Respondentrsquos completed C271 Political Contribution Disclosure Form
(L) Respondent Contact Data Sheet (See Exhibit D)
(M) Corporate Disclosure Statement (See Exhibit D)
(N) Non-Collusion Affidavit Form - sign and notarize (See Exhibit D)
(O) Mandatory Equal Employment Opportunity Language ndash read (See Exhibit D)
(P) Affirmative Action Language Acknowledgement Form ndash sign (See Exhibit D)
(Q) Americans with Disabilities Act of 1990 Language ndash read and sign (See Exhibit D)
(R) Disclosure of Investment Activities in Iran (See Exhibit D)
Exhibit A
(iii) Qualifications (Section 2 of the Proposal)
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFP At a minimum the information requested below should be included as
appropriate to the RFP
(A) For General Counsel Bond Counsel and Special Energy Counsel Respondent shall
submit the following
(1) Admission to the New Jersey Bar for a minimum of ten (10) years
(2) Describe the services that Respondent would perform directly
(3) Brief description of Respondentrsquos representative transactions during the last three (3) years
(4) A narrative statement of the Respondentrsquos understanding of the Authorityrsquos needs and
goals
(5) Describe those portions of the Respondentrsquos services if any that are subcontracted out
Identify all subcontractors the Respondent anticipates using in connection with the
provision of the Counsel Services
(6) Does the Respondent normally employ union or non-union employees
(7) Name address and contact information of references
(8) Resumes of key employees
(9) Commitment to quality management
(10) Organizational Chart
(11) List all immediate relatives of Principal(s) of Respondent who are Authority employees or
elected officials of the Authority For purposes of the above immediate relative means a
spouse parent stepparent brother sister child stepchild direct-line aunt or uncle
grandparent grandchild and in-laws by reason of relation
(B) Bond Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Has an experienced law practice in the area of public finance including but not
limited to the financing of capital projects through bond ordinances and the
issuance of bonds andor bond anticipation notes in the State of New Jersey for a
minimum of ten (10) years
(2) Firm through their representatives or individuals must be listed as Approved Bond
Counsel in the Bond Buyers Municipal Market Place Directory (the Red Book)
(3) Can demonstrate current knowledge and experience in appropriate State and federal
tax and securities laws as they relate to the Authority public finance matters
including as appropriate interaction with the New Jersey Department of
Community Affairs Division of Local Government Services Local Finance Board
Morris CountyAuthority cash management planinvestment strategies and inter-
municipality coordination of debt issues as they relate to Authority capital programs
and bond issues
Exhibit A
(4) Can demonstrate at least ten (10) years of experience in representation of New
Jersey governmental entities in all public finance related matters including but not
limited to competitive bond and note sales negotiations for noncompetitive bonds
and notes and procuring related financial services and activities
(C) Special Energy Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Knowledge and expertise of and experience with various types of renewable
energy including but not limited to solar energy
(2) Knowledge and expertise of and experience with New Jersey Renewable Energy
Rebates
(3) Knowledge and expertise of and experience with power purchase agreements for
renewable energy including but not limited to procurement issues
(4) Knowledge and expertise of and experience with incentives for renewable energy
programs including but not limited to solar energy
(5) Knowledge and expertise of and experience with different options available to the
Authority in developing and financing a Renewable Energy Program
(6) Knowledge and experience with Solar Renewable Energy Credits
(7) A listing of similar services performed by the submitting firm including a
description of the services performed and the address and telephone number of the
client contact person
(8) Can demonstrate current knowledge and experience in legal services necessary for
the development implementation and structuring of a Renewable Energy
Program including
(a) The negotiation issuance andor administration of bonds and notes for the
financing of renewable energy programs
(b) Providing advice and assistance with respect to the development
structuring and implementation of a renewable energy program to include
solar wind andor geothermal
(c) Providing advice and assistance with establishing criteria for the selection
and participation of renewable energy program participants including
municipalities school districts county and local authority participants as
well as renewable energy system installers operators and maintainers and
energy consultants
(d) Experience with financial environmental and other applicable local and
State law components and the impacts of such laws on renewable energy
programs including the federal tax State regulatory and other impacts
(e) Experience with laws rules or regulations of any governmental stakeholder
including the Department of Community affairs the Board of Public
Utilities and the Department of Education
Exhibit A
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
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bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 7: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/7.jpg)
ARTICLE II
SCOPE OF SERVICES
Section 21 Generally
It is the intent of the Authority to solicit Proposals from Respondents that have expertise
in the provision of General Counsel Bond Counsel and Special Energy Counsel services Firms
andor persons responding to this RFP shall be able to demonstrate that they will have the
continuing capabilities to perform these services The proposed term of the contract(s) will end on
July 31 2018 with an option by the Authority to exercise two (2) one-year extensions
Exhibit A
ARTICLE III
PROPOSAL SUBMISSION REQUIREMENTS
Section 31 General Requirements
(a) The Proposal submitted by a Respondent must meet or exceed the professional
administrative and financial qualifications set forth in this Article III and shall incorporate the
information requested below
(b) In addition to the information required as described below a Respondent may
submit supplemental information that it feels may be useful in evaluating its Proposal
Respondents are encouraged to be clear factual and concise in their presentation of information
Section 32 Content and Form of Proposal
(a) Proposal content and completeness are important criteria in the evaluation process
In order to streamline the evaluation process and ensure that all Proposals are evaluated on an
equal basis it is required that Proposals adhere to the standard format outlined below for
presentation of the requested information
Section Section Title
Cover (if applicable)
Proposal Cover Letter (Exhibit B to this RFP)
Table of Contents
1 IntroductionExecutive SummaryGeneral Information
2 Qualifications
3 Fee proposal for General Counsel Bond Counsel and Special Energy Counsel
Services
4 Supplemental Information if any
5 Document Checklist (Exhibit D)
(b)(i) Proposal Cover Letter
The Proposal Cover Letter must be executed by an authorized officer of the Respondent in
the form substantially set forth as Exhibit B hereto
(ii) IntroductionExecutive SummaryGeneral Information (Section 1 of the Proposal)
This section of the Proposal should contain a brief summary of both the background of the
Respondent and its key personnel highlighting the benefits the Respondent believes it can
contribute to the Authority and provide a list of the personnel the firm proposes to utilize to provide
the Counsel Services and identify their individual qualifications The following information with
respect to each Respondent (reference to Respondent shall also mean each subcontract and
subshyconsultant if any) should also be included in this section of the Proposal Principals shall
mean ten percent (10) or greater owners of Respondent or where applicable affiliates
Exhibit A
(A) Name address and telephone number of the Respondent submitting the Proposal pursuant to this
RFP and the contact information for the Contact Person going forward
(B) A description of the business organization (ie corporation partnership joint venture etc) of each
Respondent its ownership and its organizational structure
(C) The number of years Respondent has been in business under the present name and the number of
years it has been under current management
(D) Any judgments claims or suits pending or outstanding against Respondent or affiliates with
explanation of same
(E) A statement as to whether Respondent affiliates or any of their respective principals are now or
have in the past ten (10) years been the subject of any federal or State investigations or proceeding or any
Security and Exchange Authority regulatory investigation or proceeding and if so please indicate the
nature of that investigation or proceeding
(F) Whether Respondent affiliates or any of their respective principals are now or has been involved
in any bankruptcy or re-organization proceedings in the last ten (10) years If yes please explain
(G) Confirm appropriate federal if applicable and State licenses to perform the Counsel Services
(H) An executed Letter of Intent (See Exhibit C)
(I) A copy of Respondentrsquos current Business Registration Certificate
(J) A copy of Respondents Certificate of Liability Insurance
(K) Respondentrsquos completed C271 Political Contribution Disclosure Form
(L) Respondent Contact Data Sheet (See Exhibit D)
(M) Corporate Disclosure Statement (See Exhibit D)
(N) Non-Collusion Affidavit Form - sign and notarize (See Exhibit D)
(O) Mandatory Equal Employment Opportunity Language ndash read (See Exhibit D)
(P) Affirmative Action Language Acknowledgement Form ndash sign (See Exhibit D)
(Q) Americans with Disabilities Act of 1990 Language ndash read and sign (See Exhibit D)
(R) Disclosure of Investment Activities in Iran (See Exhibit D)
Exhibit A
(iii) Qualifications (Section 2 of the Proposal)
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFP At a minimum the information requested below should be included as
appropriate to the RFP
(A) For General Counsel Bond Counsel and Special Energy Counsel Respondent shall
submit the following
(1) Admission to the New Jersey Bar for a minimum of ten (10) years
(2) Describe the services that Respondent would perform directly
(3) Brief description of Respondentrsquos representative transactions during the last three (3) years
(4) A narrative statement of the Respondentrsquos understanding of the Authorityrsquos needs and
goals
(5) Describe those portions of the Respondentrsquos services if any that are subcontracted out
Identify all subcontractors the Respondent anticipates using in connection with the
provision of the Counsel Services
(6) Does the Respondent normally employ union or non-union employees
(7) Name address and contact information of references
(8) Resumes of key employees
(9) Commitment to quality management
(10) Organizational Chart
(11) List all immediate relatives of Principal(s) of Respondent who are Authority employees or
elected officials of the Authority For purposes of the above immediate relative means a
spouse parent stepparent brother sister child stepchild direct-line aunt or uncle
grandparent grandchild and in-laws by reason of relation
(B) Bond Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Has an experienced law practice in the area of public finance including but not
limited to the financing of capital projects through bond ordinances and the
issuance of bonds andor bond anticipation notes in the State of New Jersey for a
minimum of ten (10) years
(2) Firm through their representatives or individuals must be listed as Approved Bond
Counsel in the Bond Buyers Municipal Market Place Directory (the Red Book)
(3) Can demonstrate current knowledge and experience in appropriate State and federal
tax and securities laws as they relate to the Authority public finance matters
including as appropriate interaction with the New Jersey Department of
Community Affairs Division of Local Government Services Local Finance Board
Morris CountyAuthority cash management planinvestment strategies and inter-
municipality coordination of debt issues as they relate to Authority capital programs
and bond issues
Exhibit A
(4) Can demonstrate at least ten (10) years of experience in representation of New
Jersey governmental entities in all public finance related matters including but not
limited to competitive bond and note sales negotiations for noncompetitive bonds
and notes and procuring related financial services and activities
(C) Special Energy Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Knowledge and expertise of and experience with various types of renewable
energy including but not limited to solar energy
(2) Knowledge and expertise of and experience with New Jersey Renewable Energy
Rebates
(3) Knowledge and expertise of and experience with power purchase agreements for
renewable energy including but not limited to procurement issues
(4) Knowledge and expertise of and experience with incentives for renewable energy
programs including but not limited to solar energy
(5) Knowledge and expertise of and experience with different options available to the
Authority in developing and financing a Renewable Energy Program
(6) Knowledge and experience with Solar Renewable Energy Credits
(7) A listing of similar services performed by the submitting firm including a
description of the services performed and the address and telephone number of the
client contact person
(8) Can demonstrate current knowledge and experience in legal services necessary for
the development implementation and structuring of a Renewable Energy
Program including
(a) The negotiation issuance andor administration of bonds and notes for the
financing of renewable energy programs
(b) Providing advice and assistance with respect to the development
structuring and implementation of a renewable energy program to include
solar wind andor geothermal
(c) Providing advice and assistance with establishing criteria for the selection
and participation of renewable energy program participants including
municipalities school districts county and local authority participants as
well as renewable energy system installers operators and maintainers and
energy consultants
(d) Experience with financial environmental and other applicable local and
State law components and the impacts of such laws on renewable energy
programs including the federal tax State regulatory and other impacts
(e) Experience with laws rules or regulations of any governmental stakeholder
including the Department of Community affairs the Board of Public
Utilities and the Department of Education
Exhibit A
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
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_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 8: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/8.jpg)
ARTICLE III
PROPOSAL SUBMISSION REQUIREMENTS
Section 31 General Requirements
(a) The Proposal submitted by a Respondent must meet or exceed the professional
administrative and financial qualifications set forth in this Article III and shall incorporate the
information requested below
(b) In addition to the information required as described below a Respondent may
submit supplemental information that it feels may be useful in evaluating its Proposal
Respondents are encouraged to be clear factual and concise in their presentation of information
Section 32 Content and Form of Proposal
(a) Proposal content and completeness are important criteria in the evaluation process
In order to streamline the evaluation process and ensure that all Proposals are evaluated on an
equal basis it is required that Proposals adhere to the standard format outlined below for
presentation of the requested information
Section Section Title
Cover (if applicable)
Proposal Cover Letter (Exhibit B to this RFP)
Table of Contents
1 IntroductionExecutive SummaryGeneral Information
2 Qualifications
3 Fee proposal for General Counsel Bond Counsel and Special Energy Counsel
Services
4 Supplemental Information if any
5 Document Checklist (Exhibit D)
(b)(i) Proposal Cover Letter
The Proposal Cover Letter must be executed by an authorized officer of the Respondent in
the form substantially set forth as Exhibit B hereto
(ii) IntroductionExecutive SummaryGeneral Information (Section 1 of the Proposal)
This section of the Proposal should contain a brief summary of both the background of the
Respondent and its key personnel highlighting the benefits the Respondent believes it can
contribute to the Authority and provide a list of the personnel the firm proposes to utilize to provide
the Counsel Services and identify their individual qualifications The following information with
respect to each Respondent (reference to Respondent shall also mean each subcontract and
subshyconsultant if any) should also be included in this section of the Proposal Principals shall
mean ten percent (10) or greater owners of Respondent or where applicable affiliates
Exhibit A
(A) Name address and telephone number of the Respondent submitting the Proposal pursuant to this
RFP and the contact information for the Contact Person going forward
(B) A description of the business organization (ie corporation partnership joint venture etc) of each
Respondent its ownership and its organizational structure
(C) The number of years Respondent has been in business under the present name and the number of
years it has been under current management
(D) Any judgments claims or suits pending or outstanding against Respondent or affiliates with
explanation of same
(E) A statement as to whether Respondent affiliates or any of their respective principals are now or
have in the past ten (10) years been the subject of any federal or State investigations or proceeding or any
Security and Exchange Authority regulatory investigation or proceeding and if so please indicate the
nature of that investigation or proceeding
(F) Whether Respondent affiliates or any of their respective principals are now or has been involved
in any bankruptcy or re-organization proceedings in the last ten (10) years If yes please explain
(G) Confirm appropriate federal if applicable and State licenses to perform the Counsel Services
(H) An executed Letter of Intent (See Exhibit C)
(I) A copy of Respondentrsquos current Business Registration Certificate
(J) A copy of Respondents Certificate of Liability Insurance
(K) Respondentrsquos completed C271 Political Contribution Disclosure Form
(L) Respondent Contact Data Sheet (See Exhibit D)
(M) Corporate Disclosure Statement (See Exhibit D)
(N) Non-Collusion Affidavit Form - sign and notarize (See Exhibit D)
(O) Mandatory Equal Employment Opportunity Language ndash read (See Exhibit D)
(P) Affirmative Action Language Acknowledgement Form ndash sign (See Exhibit D)
(Q) Americans with Disabilities Act of 1990 Language ndash read and sign (See Exhibit D)
(R) Disclosure of Investment Activities in Iran (See Exhibit D)
Exhibit A
(iii) Qualifications (Section 2 of the Proposal)
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFP At a minimum the information requested below should be included as
appropriate to the RFP
(A) For General Counsel Bond Counsel and Special Energy Counsel Respondent shall
submit the following
(1) Admission to the New Jersey Bar for a minimum of ten (10) years
(2) Describe the services that Respondent would perform directly
(3) Brief description of Respondentrsquos representative transactions during the last three (3) years
(4) A narrative statement of the Respondentrsquos understanding of the Authorityrsquos needs and
goals
(5) Describe those portions of the Respondentrsquos services if any that are subcontracted out
Identify all subcontractors the Respondent anticipates using in connection with the
provision of the Counsel Services
(6) Does the Respondent normally employ union or non-union employees
(7) Name address and contact information of references
(8) Resumes of key employees
(9) Commitment to quality management
(10) Organizational Chart
(11) List all immediate relatives of Principal(s) of Respondent who are Authority employees or
elected officials of the Authority For purposes of the above immediate relative means a
spouse parent stepparent brother sister child stepchild direct-line aunt or uncle
grandparent grandchild and in-laws by reason of relation
(B) Bond Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Has an experienced law practice in the area of public finance including but not
limited to the financing of capital projects through bond ordinances and the
issuance of bonds andor bond anticipation notes in the State of New Jersey for a
minimum of ten (10) years
(2) Firm through their representatives or individuals must be listed as Approved Bond
Counsel in the Bond Buyers Municipal Market Place Directory (the Red Book)
(3) Can demonstrate current knowledge and experience in appropriate State and federal
tax and securities laws as they relate to the Authority public finance matters
including as appropriate interaction with the New Jersey Department of
Community Affairs Division of Local Government Services Local Finance Board
Morris CountyAuthority cash management planinvestment strategies and inter-
municipality coordination of debt issues as they relate to Authority capital programs
and bond issues
Exhibit A
(4) Can demonstrate at least ten (10) years of experience in representation of New
Jersey governmental entities in all public finance related matters including but not
limited to competitive bond and note sales negotiations for noncompetitive bonds
and notes and procuring related financial services and activities
(C) Special Energy Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Knowledge and expertise of and experience with various types of renewable
energy including but not limited to solar energy
(2) Knowledge and expertise of and experience with New Jersey Renewable Energy
Rebates
(3) Knowledge and expertise of and experience with power purchase agreements for
renewable energy including but not limited to procurement issues
(4) Knowledge and expertise of and experience with incentives for renewable energy
programs including but not limited to solar energy
(5) Knowledge and expertise of and experience with different options available to the
Authority in developing and financing a Renewable Energy Program
(6) Knowledge and experience with Solar Renewable Energy Credits
(7) A listing of similar services performed by the submitting firm including a
description of the services performed and the address and telephone number of the
client contact person
(8) Can demonstrate current knowledge and experience in legal services necessary for
the development implementation and structuring of a Renewable Energy
Program including
(a) The negotiation issuance andor administration of bonds and notes for the
financing of renewable energy programs
(b) Providing advice and assistance with respect to the development
structuring and implementation of a renewable energy program to include
solar wind andor geothermal
(c) Providing advice and assistance with establishing criteria for the selection
and participation of renewable energy program participants including
municipalities school districts county and local authority participants as
well as renewable energy system installers operators and maintainers and
energy consultants
(d) Experience with financial environmental and other applicable local and
State law components and the impacts of such laws on renewable energy
programs including the federal tax State regulatory and other impacts
(e) Experience with laws rules or regulations of any governmental stakeholder
including the Department of Community affairs the Board of Public
Utilities and the Department of Education
Exhibit A
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 9: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/9.jpg)
(A) Name address and telephone number of the Respondent submitting the Proposal pursuant to this
RFP and the contact information for the Contact Person going forward
(B) A description of the business organization (ie corporation partnership joint venture etc) of each
Respondent its ownership and its organizational structure
(C) The number of years Respondent has been in business under the present name and the number of
years it has been under current management
(D) Any judgments claims or suits pending or outstanding against Respondent or affiliates with
explanation of same
(E) A statement as to whether Respondent affiliates or any of their respective principals are now or
have in the past ten (10) years been the subject of any federal or State investigations or proceeding or any
Security and Exchange Authority regulatory investigation or proceeding and if so please indicate the
nature of that investigation or proceeding
(F) Whether Respondent affiliates or any of their respective principals are now or has been involved
in any bankruptcy or re-organization proceedings in the last ten (10) years If yes please explain
(G) Confirm appropriate federal if applicable and State licenses to perform the Counsel Services
(H) An executed Letter of Intent (See Exhibit C)
(I) A copy of Respondentrsquos current Business Registration Certificate
(J) A copy of Respondents Certificate of Liability Insurance
(K) Respondentrsquos completed C271 Political Contribution Disclosure Form
(L) Respondent Contact Data Sheet (See Exhibit D)
(M) Corporate Disclosure Statement (See Exhibit D)
(N) Non-Collusion Affidavit Form - sign and notarize (See Exhibit D)
(O) Mandatory Equal Employment Opportunity Language ndash read (See Exhibit D)
(P) Affirmative Action Language Acknowledgement Form ndash sign (See Exhibit D)
(Q) Americans with Disabilities Act of 1990 Language ndash read and sign (See Exhibit D)
(R) Disclosure of Investment Activities in Iran (See Exhibit D)
Exhibit A
(iii) Qualifications (Section 2 of the Proposal)
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFP At a minimum the information requested below should be included as
appropriate to the RFP
(A) For General Counsel Bond Counsel and Special Energy Counsel Respondent shall
submit the following
(1) Admission to the New Jersey Bar for a minimum of ten (10) years
(2) Describe the services that Respondent would perform directly
(3) Brief description of Respondentrsquos representative transactions during the last three (3) years
(4) A narrative statement of the Respondentrsquos understanding of the Authorityrsquos needs and
goals
(5) Describe those portions of the Respondentrsquos services if any that are subcontracted out
Identify all subcontractors the Respondent anticipates using in connection with the
provision of the Counsel Services
(6) Does the Respondent normally employ union or non-union employees
(7) Name address and contact information of references
(8) Resumes of key employees
(9) Commitment to quality management
(10) Organizational Chart
(11) List all immediate relatives of Principal(s) of Respondent who are Authority employees or
elected officials of the Authority For purposes of the above immediate relative means a
spouse parent stepparent brother sister child stepchild direct-line aunt or uncle
grandparent grandchild and in-laws by reason of relation
(B) Bond Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Has an experienced law practice in the area of public finance including but not
limited to the financing of capital projects through bond ordinances and the
issuance of bonds andor bond anticipation notes in the State of New Jersey for a
minimum of ten (10) years
(2) Firm through their representatives or individuals must be listed as Approved Bond
Counsel in the Bond Buyers Municipal Market Place Directory (the Red Book)
(3) Can demonstrate current knowledge and experience in appropriate State and federal
tax and securities laws as they relate to the Authority public finance matters
including as appropriate interaction with the New Jersey Department of
Community Affairs Division of Local Government Services Local Finance Board
Morris CountyAuthority cash management planinvestment strategies and inter-
municipality coordination of debt issues as they relate to Authority capital programs
and bond issues
Exhibit A
(4) Can demonstrate at least ten (10) years of experience in representation of New
Jersey governmental entities in all public finance related matters including but not
limited to competitive bond and note sales negotiations for noncompetitive bonds
and notes and procuring related financial services and activities
(C) Special Energy Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Knowledge and expertise of and experience with various types of renewable
energy including but not limited to solar energy
(2) Knowledge and expertise of and experience with New Jersey Renewable Energy
Rebates
(3) Knowledge and expertise of and experience with power purchase agreements for
renewable energy including but not limited to procurement issues
(4) Knowledge and expertise of and experience with incentives for renewable energy
programs including but not limited to solar energy
(5) Knowledge and expertise of and experience with different options available to the
Authority in developing and financing a Renewable Energy Program
(6) Knowledge and experience with Solar Renewable Energy Credits
(7) A listing of similar services performed by the submitting firm including a
description of the services performed and the address and telephone number of the
client contact person
(8) Can demonstrate current knowledge and experience in legal services necessary for
the development implementation and structuring of a Renewable Energy
Program including
(a) The negotiation issuance andor administration of bonds and notes for the
financing of renewable energy programs
(b) Providing advice and assistance with respect to the development
structuring and implementation of a renewable energy program to include
solar wind andor geothermal
(c) Providing advice and assistance with establishing criteria for the selection
and participation of renewable energy program participants including
municipalities school districts county and local authority participants as
well as renewable energy system installers operators and maintainers and
energy consultants
(d) Experience with financial environmental and other applicable local and
State law components and the impacts of such laws on renewable energy
programs including the federal tax State regulatory and other impacts
(e) Experience with laws rules or regulations of any governmental stakeholder
including the Department of Community affairs the Board of Public
Utilities and the Department of Education
Exhibit A
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
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bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 10: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/10.jpg)
(iii) Qualifications (Section 2 of the Proposal)
Respondent shall submit a description of its overall experience in providing the type of
services sought in the RFP At a minimum the information requested below should be included as
appropriate to the RFP
(A) For General Counsel Bond Counsel and Special Energy Counsel Respondent shall
submit the following
(1) Admission to the New Jersey Bar for a minimum of ten (10) years
(2) Describe the services that Respondent would perform directly
(3) Brief description of Respondentrsquos representative transactions during the last three (3) years
(4) A narrative statement of the Respondentrsquos understanding of the Authorityrsquos needs and
goals
(5) Describe those portions of the Respondentrsquos services if any that are subcontracted out
Identify all subcontractors the Respondent anticipates using in connection with the
provision of the Counsel Services
(6) Does the Respondent normally employ union or non-union employees
(7) Name address and contact information of references
(8) Resumes of key employees
(9) Commitment to quality management
(10) Organizational Chart
(11) List all immediate relatives of Principal(s) of Respondent who are Authority employees or
elected officials of the Authority For purposes of the above immediate relative means a
spouse parent stepparent brother sister child stepchild direct-line aunt or uncle
grandparent grandchild and in-laws by reason of relation
(B) Bond Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Has an experienced law practice in the area of public finance including but not
limited to the financing of capital projects through bond ordinances and the
issuance of bonds andor bond anticipation notes in the State of New Jersey for a
minimum of ten (10) years
(2) Firm through their representatives or individuals must be listed as Approved Bond
Counsel in the Bond Buyers Municipal Market Place Directory (the Red Book)
(3) Can demonstrate current knowledge and experience in appropriate State and federal
tax and securities laws as they relate to the Authority public finance matters
including as appropriate interaction with the New Jersey Department of
Community Affairs Division of Local Government Services Local Finance Board
Morris CountyAuthority cash management planinvestment strategies and inter-
municipality coordination of debt issues as they relate to Authority capital programs
and bond issues
Exhibit A
(4) Can demonstrate at least ten (10) years of experience in representation of New
Jersey governmental entities in all public finance related matters including but not
limited to competitive bond and note sales negotiations for noncompetitive bonds
and notes and procuring related financial services and activities
(C) Special Energy Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Knowledge and expertise of and experience with various types of renewable
energy including but not limited to solar energy
(2) Knowledge and expertise of and experience with New Jersey Renewable Energy
Rebates
(3) Knowledge and expertise of and experience with power purchase agreements for
renewable energy including but not limited to procurement issues
(4) Knowledge and expertise of and experience with incentives for renewable energy
programs including but not limited to solar energy
(5) Knowledge and expertise of and experience with different options available to the
Authority in developing and financing a Renewable Energy Program
(6) Knowledge and experience with Solar Renewable Energy Credits
(7) A listing of similar services performed by the submitting firm including a
description of the services performed and the address and telephone number of the
client contact person
(8) Can demonstrate current knowledge and experience in legal services necessary for
the development implementation and structuring of a Renewable Energy
Program including
(a) The negotiation issuance andor administration of bonds and notes for the
financing of renewable energy programs
(b) Providing advice and assistance with respect to the development
structuring and implementation of a renewable energy program to include
solar wind andor geothermal
(c) Providing advice and assistance with establishing criteria for the selection
and participation of renewable energy program participants including
municipalities school districts county and local authority participants as
well as renewable energy system installers operators and maintainers and
energy consultants
(d) Experience with financial environmental and other applicable local and
State law components and the impacts of such laws on renewable energy
programs including the federal tax State regulatory and other impacts
(e) Experience with laws rules or regulations of any governmental stakeholder
including the Department of Community affairs the Board of Public
Utilities and the Department of Education
Exhibit A
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
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_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
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Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 11: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/11.jpg)
(4) Can demonstrate at least ten (10) years of experience in representation of New
Jersey governmental entities in all public finance related matters including but not
limited to competitive bond and note sales negotiations for noncompetitive bonds
and notes and procuring related financial services and activities
(C) Special Energy Counsel
In addition to the requirements under Section 32(b)(iii)(A) the following are the
minimum threshold requirements for persons andor firms to be considered for the above
(1) Knowledge and expertise of and experience with various types of renewable
energy including but not limited to solar energy
(2) Knowledge and expertise of and experience with New Jersey Renewable Energy
Rebates
(3) Knowledge and expertise of and experience with power purchase agreements for
renewable energy including but not limited to procurement issues
(4) Knowledge and expertise of and experience with incentives for renewable energy
programs including but not limited to solar energy
(5) Knowledge and expertise of and experience with different options available to the
Authority in developing and financing a Renewable Energy Program
(6) Knowledge and experience with Solar Renewable Energy Credits
(7) A listing of similar services performed by the submitting firm including a
description of the services performed and the address and telephone number of the
client contact person
(8) Can demonstrate current knowledge and experience in legal services necessary for
the development implementation and structuring of a Renewable Energy
Program including
(a) The negotiation issuance andor administration of bonds and notes for the
financing of renewable energy programs
(b) Providing advice and assistance with respect to the development
structuring and implementation of a renewable energy program to include
solar wind andor geothermal
(c) Providing advice and assistance with establishing criteria for the selection
and participation of renewable energy program participants including
municipalities school districts county and local authority participants as
well as renewable energy system installers operators and maintainers and
energy consultants
(d) Experience with financial environmental and other applicable local and
State law components and the impacts of such laws on renewable energy
programs including the federal tax State regulatory and other impacts
(e) Experience with laws rules or regulations of any governmental stakeholder
including the Department of Community affairs the Board of Public
Utilities and the Department of Education
Exhibit A
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
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_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 12: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/12.jpg)
(iv) Fee Proposal(Section 3 of the Proposal)
Fees for General Counsel Bond and Special Energy Counsel and retention as a Successful
Respondent pursuant hereto shall be as set forth below
(A) General Counsel
Successful Respondents shall be paid for General Counsel Services on an hourly rate basis
payable monthly on the basis of a detailed invoice outlining the services rendered the person(s)
rendering each service the time required for each task and the applicable rate for each person up
to the maximum rate of $135 per hour as such rate may be adjusted from time to time by resolution
of the Authority Board All time shall be calculated on the basis of increments of one-tenth of an
hour The invoice shall also include all reimbursable out of pocket expenses incurred calculated
without markup or overhead charges and substantiated to the reasonable satisfaction of the
Authority
(B) Bond Counsel
Successful Respondents shall be paid for Bond Counsel services on a per Bond transaction
basis payable at or around the closing of the Bond transaction based on a fee agreed to by Bond
Counsel and the Authority as early in the process of the Bond transaction as possible and practical
(eg once the size structure and scope of the Bond transaction have been formulated) and
approved by a majority vote of the Authority Board This fee shall be a capped or not to exceed
fee based on all factors involving Bond Counsel services including without limitation the amount
of work necessary to bring the Bond transaction to a successful closing based on the principal
amount of the proposed Bonds the risk involved in the Bond transaction legal financial or
otherwise the recoupment of program development costs and an estimated amount for out of
pocket disbursements calculated as set forth above for General Counsel services The actual fee
paid to the Qualified Respondent shall only be increased beyond the capped fee to another higher
agreed upon fee by the Authority for unforeseen or other extraordinary reasons as the Authority
in its sole discretion may determine may determine to warrant a higher capped fee To the greatest
extent possible fees for Bond Counsel services shall be paid from the proceeds of Bond
transactions To the extent Bond transactions do not close regardless of the reason the Bond
Counsel services shall be reimbursed at the maximum rate of $210 per hour calculated on the
basis of increments of one-tenth of an hour plus reasonable out of pocket disbursements and
expense calculated in accordance with the payment of General Counsel services set forth above
(C) Special Energy Counsel
Successful Respondents shall be paid for Special Energy Counsel services in connection
with the structuring development implementation monitoring operation and maintenance of the
Authorityrsquos renewable energy programs on an hourly rate basis payable monthly on the basis of
a detailed invoice outlining the services rendered the person(s) rendering each service the time
required for each task and the applicable rate for each person up to the maximum rate of $225 per
hour as such rate may be adjusted from time to time by resolution of the Authority Board
Exhibit A
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
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_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
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Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 13: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/13.jpg)
All time shall be calculated on the basis of increments of one-tenth of an hour The invoice shall
also include all reimbursable out of packet expenses incurred calculated without markup or
overhead charges and substantiated to the reasonable satisfaction of the Authority Qualified
Respondents and the Authority hereby agree that together with all other soft costs of the
Authorityrsquos renewable energy programs Special Energy Counsel services payable to the Qualified
Respondents shall not exceed the greater of any available amounts so appropriated by the
Authority as the Authorityrsquos sole discretion
(D) General
(1) Successful Respondents shall be reimbursed for Counsel Services performed by
partners associates law clerks and paralegals of the Qualified Respondent but
shall not be reimbursed for any Counsel Services performed by secretaries of other
office personnel For partners associates law clerks and paralegals performing
Counsel Services to be paid at such personsrsquo standard hourly rates up to the
maximum rates set forth in this RFP Qualified Respondents shall supply the
Authority with a schedule of such standard rates upon request of the Authority
(2) Respondents must acknowledge and accept the fees set forth herein for General
Counsel Bond Counsel and Special Energy Counsel to be paid as a result of the
designation as a Qualified Respondent pursuant hereto
(v) Supplemental Information if any (Section 4 of the Proposal)
Respondents should feel free to concisely set forth any other relevant information not
required by this RFP of which the Authority should be made aware in selecting one or more
General Counsel Bond Counsel and Special Energy Counsel Services contemplated in this RFP
(vi) Completed Document Checklist (Section 5 of the Proposal)
Respondents should complete the Document Checklist attached hereto as Exhibit D
Exhibit A
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
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_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 14: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/14.jpg)
ARTICLE IV
CRITERIA FOR EVALUATION
Section 41 Generally
In order to submit a successful Proposal Respondents shall demonstrate that they are
capable of providing General Counsel Bond Counsel and Special Energy Counsel services
Respondents will need to demonstrate that they have the continuing capabilities to perform these
General Counsel Bond Counsel and Special Energy Counsel Services
Section 42 Criteria for Award
(a) In determining which Respondents shall be deemed Qualified Respondents and
Successful Respondents which determination each Respondent acknowledges shall be in the sole
discretion of the Authority the Authority may utilize the following criteria weighted as the
Authority determines The Authority shall not be obligated to reveal to any third party including
Respondents any of its deliberations in reaching a decision on the designation of Qualified
Respondents andor Successful Respondents although the Authority shall deliberate in good faith
(b) The qualifications expertise and experience of the Respondents including the
staffing and ability to utilize key personnel of the Respondents to perform the Counsel Services
contemplated by this RFP
(c) The fee quotes of the Respondents in accordance with Article III of this RFP
(d) Any prior positive experience of the Authority the County the Morris County
Local Units or their professionals with the Respondent If no prior experience exists the
Authoritys determination of whether the Respondent shall constitute a service friendly partner and
shall read the scope and underlying purpose of this RFP broadly to assist and otherwise serve the
best interests of the Authority the County and the Morris County Local Units
(e) The completeness of the Proposal
(f) Any problematic ancillary issues that may arise in the Proposal or subsequent
thereto such as potential conflicts
(g) Any other factors that the Authority in its sole discretion shall determine to be in
the best interests of the Authority the County and the Authorityrsquos renewable energy programs
Exhibit A
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
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abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
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Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 15: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/15.jpg)
EXHIBIT A
NOTICE IS HEREBY GIVEN that sealed submissions will be received by John
Bonanni Commissioner for the Morris County Improvement Authority (Authority) no later
than 400 PM on August 17 2017 Eastern Standard Time All proposals must be delivered to
John Bonanni Commissioner 10 Court Street Suite 517 Purchasing Division Morristown
New Jersey 07963
The Request for Proposal documents will become available on August 3 2017 at 1100
am Eastern Standard Time Formal Request for Proposal documents may be obtained by
interested potential respondents via written request to Mr John Bonanni Commissioner for the
Authority Mr Bonanni may be contacted by email at jbonannicomorrisnjus The Authority
assumes no responsibility for potential respondents that fail to obtain the proper documentation as
instructed herein
In order to review or obtain a copy of this RFP and to be considered a Qualified Respondent
all potential Respondents must provide Mr John Bonanni Commissioner for the Authority with
the name address e-mail address and phone number of their designated contact person (the
Contact Person) Mr Bonanni may be contacted by email at jbonannicomorrisnjus To the
extent the Authority in its sole discretion determines to amend modify supplement revoke or
alter any other material term or condition of the RFP including without limitation the
procurement process or the criteria for qualification or award which rights are hereby expressly
reserved to the Authority the Authority will make all commercially reasonable efforts to
communicate any such change to each potential Respondent prior to the due date of the RFP
through e-mail or other notification distributed to the Contact Persons
From all timely Proposals received the Authority intends first to qualify Respondents (i)
that possess the professional financial and administrative capabilities to provide General Counsel
Bond Counsel and Special Energy Counsel Services as described in the Request for Proposals (the
RFP) and (ii) agree to be bound by and meet the other terms and conditions of the RFP as
determined by the Authority Once the Authority has qualified Respondents (the Qualified
Respondents) the Authority shall select one or more Respondents to provide General Counsel
Bond Counsel and Special Energy Counsel Services (the Successful Respondents) which award
shall only be set forth in a services contract (Services Contract) setting forth the terms of such
General Counsel Bond Counsel and Special Energy Counsel Services which Services Contract
shall be based on the RFP and the Proposals of the Qualified Respondents and which award shall
not be effective until such Services Contract shall be executed by authorized officers of both the
Authority and the respective Successful Respondents
The selection of Qualified Respondents and Successful Respondents is not subject to the
bidding provisions of the Local Public Contracts Law NJSA 40A 11-1 et seq or any other
applicable bidding law provided however that the selection is subject to the New Jersey Local
Unit Pay-to-Play Law NJSA 1944A-204 et seq According to such New Jersey Local Unit
Pay-to-Play Law the Authority shall post this notice of the existence of the RFP on its website at
least ten (10) days prior to receipt of the Proposals The Authority has structured this procurement
process to ensure that each Respondent is provided an equal opportunity to submit a Proposal in
response to the RFP The Authority may reject all Proposals waive any nonconformities to the
Exhibit A
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 16: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/16.jpg)
RFP requirements andor take whatever other action shall be available to the Authority at law or
equity as the Authority in its sole discretion deems to be in the best interests of the Authority and
the Renewable Energy Program described under the RFP
By submitting a Proposal each such Respondent without any other act acknowledges and
agrees to comply with each of the terms and conditions of the RFP and further agrees to abide by
without protest or cause of action any determination made by the Authority hereunder including
the qualification and award determinations made hereunder
In order for a Respondent to be considered under the RFP procurement process a
Respondents fully authorized complete and executed Proposal must be timely submitted to and
be received by John Bonanni Commissioner for the Authority 10 Court Street Suite 517
Purchasing Division Morristown New Jersey 07963 on or before 400 pm Eastern Standard
Time on August 17 2017 All Proposals shall be dated and addressed to the Authority
Any inconsistency between this notice and the RFP shall be governed by the terms of the
RFP
Proposals will not be accepted by facsimile transmission or e-mail
Exhibit A
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 17: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/17.jpg)
EXHIBIT B
PROPOSAL COVER LETTER
(Note To be typed on Respondents Letterhead No modifications may be made to this
letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned an authorized officer of the Respondent having reviewed the
Respondents Proposal submitted in response to the Request for Proposals dated August __ 2017
(the RFP) issued by the Morris County Improvement Authority (the Authority) for General
Counsel Bond Counsel and Special Energy Counsel Services (capitalized terms not defined in this
letter shall have the respective meanings ascribed to such terms in the RFP) and having reviewed
the RFP HEREBY CERTIFIES on behalf of the Respondent intending the Respondent to be
legally bound thereby to the Authority as follows
1 The Respondent affirms that the contents of its Proposal (which Proposal is
incorporated herein by reference) are accurate factual and complete to the best of Respondents
knowledge and belief and that the Proposal is submitted in good faith upon the express
understanding that any material false or misleading statement or material omission may in and
of itself result in the disqualification of Respondent
2 By submitting its Proposal the Respondent accepts and agrees to be bound by all
of the terms and conditions of the RFP including the terms and conditions for award of General
Counsel Bond Counsel and Special Energy Counsel Services and makes all of the representations
warranties and covenants of the Respondent contained therein without any further act of the
Respondent
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate
officers of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
Exhibit B
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 18: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/18.jpg)
EXHIBIT C
LETTER OF INTENT
(Note To be typed on Respondents Letterhead No modifications may be made to this letter)
August ___ 2017 [no later than XX]
John Bonanni
Commissioner
Morris County Improvement Authority
10 Court Street
Suite 517
Purchasing Division
Morristown New Jersey 07963
Dear Sir
The undersigned as Respondent(s) has (have) submitted the attached Proposal in response to a
Request for Proposals (RFP) issued by the Morris County Improvement Authority (the Authority)
dated August ____ 2017 in connection with the Authorityrsquos need for General Counsel Bond Counsel
and Special Energy Counsel Services
The Respondent HEREBY STATES
1 The Proposal contains accurate factual and complete information
2 The Respondent agrees to participate in good faith in the procurement process as described
in the RFP and to adhere to the Authoritys procurement schedule
3 The Respondent acknowledges that all costs incurred by it in connection with the
preparation and submission of the Proposal prepared and submitted in response to the RFP or any
negotiation which results therefrom shall be borne exclusively by the Respondent
4 The Respondent hereby declares that the only persons participating in this Proposal as
Principals are named herein and that no person other than those herein mentioned has any participation in
this Proposal or in any contract to be entered into with respect thereto Additional persons may
subsequently be included as participating Principals but only if acceptable to the Authority The
Respondent declares that this Proposal is made without connection with any other person firm or parties
who has submitted a Proposal except as expressly set forth below and that it has been prepared and has
been submitted in good faith and without collusion or fraud
5 The Respondent acknowledges and agrees that the Authority may modify amend suspend
andor terminate the procurement process in its sole judgment In any case the Authority shall not have
any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement
activities described in this RFP
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 19: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/19.jpg)
6 The Respondent acknowledges that any contract executed with respect to the provision of
the General Counsel Bond Counsel and Special Energy Counsel Services must comply with all applicable
affirmative action and similar laws The Respondent hereby agrees to take such actions as are required in
order to comply with such applicable laws
(Respondent shall sign and complete the spaces provided below If a joint venture appropriate officers
of each company shall sign)
(Signature of Chief Executive Officer) (Signature of Chief Financial Officer)
(Typed Name and Title) (Typed Name and Title)
(Typed Name of Firm) (Typed Name of Firm)
Dated__________________ Dated__________________
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 20: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/20.jpg)
EXHIBIT D BEFORE YOU MAIL YOUR QUALIFICATIONS BE SURE TO CHECK (initial each box)
DOCUMENT CHECKLIST
Respondent Contact Data Sheet ndash signed
Corporate Disclosure Statement ndash sign
Ownership Statement (Stockholder Disclosure) ndash sign
Non-Collusion Affidavit Form - sign and notarize
Mandatory Equal Employment Opportunity Language - read
Affirmative Action Language Acknowledgement Form - sign
Americans with Disabilities Act of 1990 Language ndash read and sign
Disclosure of Investment Activities in Iran
- Means Respondent to read the item(s)
- Means Respondent to provide the required form(s) executed
NOTE
1) The required forms when not properly executed and returned can result in rejection of this
proposal
2) Respondent understands that the specifications herein are incorporated into and fully part of any
contract or lease as may be awarded as result of this proposal submittal
3) All questions pertaining to this request must be submitted in writing to the Morris County
Improvement Authority Commissioner via email at jBonannicomorrisnjus or via fax to
(973) -829-0304 NO LATER than 300 PM on August 8 2017
4) IMPORTANT FORMS REQUIRED HEREIN SHALL NOT BE SUBMITTED DOUBLE
SIDED
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 21: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/21.jpg)
RESPONDENT CONTACT DATA SHEET
FirmCompany Name ____________________________________________________________
Authorized Signature ____________________________________ Date _________________
Print Name ____________________________________ Title ___________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
ALTERNATE CONTACT PERSON
Print Name ___________________________________ Title _________________________
Address _____________________________________________________________
Phone _____________________________________________________________
Contact Person _____________________________________________________________
Email address ______________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 22: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/22.jpg)
____________________________________________________________________________
____________________________________________________________________________
__________________________________ ________________________________________
CORPORATE DISCLOSURE STATEMENT
The undersigned is an - Individual - Partnership - Corporation
(Please indicate with circle)
Under the laws of the State of_____________________________________________________
Having principal offices at _______________________________________________________
RESPECTFULLY SUBMITTED BY ____________________________________________
(Name of Corporation Partnership or Individual)
WITNESS ADDRESS _____________________________
TELEPHONE____________________________
S________________________________ SIGNATURE____________________________
POSITION_______________________ POSITION_______________________________
SSAN (If Individual)_______________________
FED ID (IF Incorporated)___________________
DATE_______________________ DATE _____________________________
NOTE If Contractor is a CORPORATION this QUALIFICATIONS must be executed by its president
attested to by its secretary or assistant secretary with the corporate seal affixed thereto This
QUALIFICATIONS may be executed and attested to by other than the aforesaid corporate officers if they
have been duly authorized to so act in behalf of the Contractor pursuant to a resolution of the Corporate
Board of Directors or other authorization equivalent thereto In that event a certified copy of said
resolution or authorization shall be attached to this QUALIFICATIONS
If Bidder is a PARTNERSHIP then this QUALIFICATIONS must be signed by at least one partner
If Bidder is an INDIVIDUAL please indicate Social Security Number in space provided above
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 23: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/23.jpg)
_______________________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________ ______________
___________________________________________ ______________________________________
OWNERSHIP DISCLOSURE STATEMENT
INSERT LEGAL NAME OF BIDDERRESPONDENT _______________________________________________________ List the names and addresses of all stockholders who own ten (10) percent or more of the above companyrsquos stock and if there are No Stockholders of 10 or More check the second box below If one or more such stockholders or partner is itself a corporation or partnership the stockholders holding 10 or more of that corporations stock or the individual partners owning 10 of that corporations stock or the individual partners owning 10 or greater interest in that partnership as the case may be must also be listed If submittal is for a non-profit 501(c)(3) or similar non-profit organization supply copy of the IRS notice
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder or individual partner exceeding the 10 ownership criteria established in this act has been listed in full compliance with Chapter 33 of the New Jersey Public Laws of 1977
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE ORGANIZATIONAL DESIGNATION
Partnership- Corporation Limited Liability Corporation Limited Partnership Sole Proprietorship-
Limited Liability Partnership Subchapter S Corporation- 501(c)(3) or Other please list _________________
BIDDERRESPONDENT MUST CHECK THE APPROPRIATE BOX
I certify that the list below contains the names and addresses of all stockholders holding 10 or more of the issued and outstanding stock of the undersigned
I certify that no one stockholder owns 10 or more of the issued and outstanding stock of the undersigned
Publicly Traded - For publicly traded entities to comply with NJSA 5225-242 they may submit the name and address of each publicly traded entity and the name and address of each person holding 10 or more beneficial interest in the publicly traded entity as of the last the last annual filling with the Security Exchange Commission (SEC) or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing or foreign equivalent
The requested information is available on the following page number(s) of the SEC or foreign equivalent filing
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________ (Note Attach additional pages if necessary)
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 bidderproposer
(RespondentRespondent Authorized Signature) (Date)
(Print name of authorized signatory) (Title)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 24: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/24.jpg)
_________________________________________
_________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY) )ss
COUNTY OF )
I in the County of of the City of of full age being duly sworn according to law on my oath depose and say that
I am of the firm of the respondent making the Proposal for the above named project and that I executed the said Proposal with full authority to do so that said respondent has not directly or indirectly entered into an agreement participated in any collusion or otherwise taken any action in restraint of free competitive proposing in connection with the above named project and that all statements contained in said Proposal and in this affidavit are true and correct and made with full knowledge that the State of New Jersey andor the County of Morris relies upon 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 established commercial or selling agencies maintained by
____________________________________ (Name of Contractor)
(NJSA 5234-15)
Subscribed and sworn to before me this day of 20
(Also type or print name of affiant under signature)
Notary Public of My commission expires 20
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 25: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/25.jpg)
EEOAFFIRMATIVE ACTION COMPLIANCE NOTICE NJSA 105-31 and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County
and Division of Public Contracts Equal Employment Opportunity Compliance During a review Division
representatives will review the County files to determine whether the affirmative action evidence has been submitted
by the vendorcontractor Specifically each vendorcontractor shall submit to the County prior to execution of the
contract one of the following documents
Goods and General Service Vendors
1 Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned
affirmative action program A copy of the approval letter is to be provided by the vendor to the County and the
Division This approval letter is valid for one year from the date of issuance
Do you have a federally-approved or sanctioned EEOAA program Yes No
If yes please submit a photocopy of such approval
2 A Certificate of Employee Information Report (hereafter Certificate) issued in accordance with NJAC
1727-11 et seq The vendor must provide a copy of the Certificate to the County as evidence of its compliance
with the regulations The Certificate represents the review and approval of the vendorrsquos Employee Information
Report Form AA-302 by the Division The period of validity of the Certificate is indicated on its face Certificates
must be renewed prior to their expiration date in order to remain valid
Do you have a State Certificate of Employee Information Report Approval Yes No
If yes please submit a photocopy of such approval
3 The successful vendor shall complete an Initial Employee Report Form AA-302 and submit it to the Division
with $15000 Fee and forward a copy of the Form to the County Upon submission and review by the Division this
report shall constitute evidence of compliance with the regulations Prior to execution of the contract the EEOAA
evidence must be submitted
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division
website wwwstatenjustreasurycontract_compliance
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment
Opportunity Compliance with a copy to Public Agency
The undersigned vendor certifies that heshe is aware of the commitment to comply with the
requirements of NJSA 105-31 and NJAC 1727 and agrees to furnish the required forms of
evidence
The undersigned vendor further understands that hisher bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of NJSA 105-31 and NJAC 1727
COMPANY ____________________________ SIGNATURE __________________________
PRINT NAME __________________________TITLE ________________________________
DATE __________________
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 26: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/26.jpg)
PLACE HERE
A COPY OF THE
CERTIFICATE OF
EMPLOYEE INFORMATION
REPORT
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 27: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/27.jpg)
M-J I Ill
STATbull Of NCW JCUIIY afll~ c- 00 __
XU 1Nf08MAJIQM BEPOftT
o~~~ o
-middot-
bull w bull bullbullbull middotmiddotmiddotmiddotmiddot - ~
m
--middot-- -+--~--+--+--bull-+-- - - ---- ------1--+--- bull--+---+ --l--+---t --+---+--+-1---- ---=- I Fl IW--~__~~--~---~--~_-e--~~~~~~__~--~--~~___~~-~-L~~- ___ I ~- 1 - __ _--~ I 11--~~~~~~~~~~~~~~~I~~~
_ _______ ___ _____---~--------__ __ ___ - bull bullbullbull _J bullbullbullbullbull bullbullbull ldll
abull-- c middot~ o __ - bullbullbullbull-rw11bull --- r- 11121 middot-middot ___1
rt vbulle1bull bullbullbull11_
bull bull _ -~ ~ _
Sample AA302 Form
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 28: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/28.jpg)
(REVISED 410)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE NJSA 105-31 et seq (PL 1975 C 127) and NJAC 1727
GOODS PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract the contractor agrees as follows The contractor or subcontractor where applicable will not discriminate against any employee or applicant for employment because of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Except with respect to affectional or sexual orientation and gender identity or expression the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment and that employees are treated during employment without regard to their age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex Such equal employment opportunity shall include but not be limited to the following employment upgrading demotion or transfer recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause
The contractor or subcontractor where applicable will in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex The contractor or subcontractor will send to each labor union with which it has a collective bargaining agreement a notice to be provided by the agency contracting officer advising the labor union of the contractors commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment The contractor or subcontractor where applicable agrees to comply with any regulations promulgated by the Treasurer pursuant to NJSA 105-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with NJAC l727-52
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including but not limited to employment agencies placement bureaus colleges universities and labor unions that it does not discriminate on the basis of age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices The contractor or subcontractor agrees to revise any of its testing procedures if necessary to assure that all personnel testing conforms with the principles of job1049346related testing as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions
In conforming with the targeted employment goals the contractor or subcontractor agrees to review all procedures relating to transfer upgrading downgrading and layoff to ensure that all such actions are taken without regard to age race creed color national origin ancestry marital status affectional or sexual orientation gender identity or expression disability nationality or sex consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions
The contractor shall submit to the public agency after notification of award but prior to execution of a goods and services contract one of the following three documents
Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisionrsquos website at wwwstatenjustreasurycontract_compliance
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase amp Property CCAU EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations and public agencies shall furnish such information as may be requested by the Division of Purchase amp Property CCAU EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at NJAC 1727
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 29: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/29.jpg)
AMERICANS WITH DISABILITIES ACT
Equal Opportunity for Individuals with Disabilities
The Contractor and the County of Morris do hereby agree that the provisions of Title II of the Americans
With Disabilities Act of 1990 (the Act) (42 USC 12101 et seq) which prohibits discrimination on the basis
of disability by public entities in all services programs and activities provided or made available by public
entities and the rules and regulations promulgated pursuant thereunto are made a part of this contract In
providing any aid benefit or service on behalf of the County pursuant to this contract the Contractor agrees that
the performance shall be in strict compliance with the Act In the event that the Contractor its agents servants
employees or subcontractors violate or are alleged to have violated the Act during the performance of this
contract the Contractor shall defend the County in any action or administrative proceeding commenced pursuant
to this Act The Contractor shall indemnify protect and save harmless the County its agents servants and
employees from and against any and all suits claims losses demands or damages of whatever kind or nature
arising out of or claimed to arise out of the alleged violation The Contractor shall at its own expense appear
defend and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith In any and all complaints brought
pursuant to the Countyrsquos grievance procedure the Contractor agrees to abide by any decision of the County which
is rendered pursuant to said grievance procedure If any action or administrative proceeding results in an award
of damages against the County or if the County incurs any expense to cure a violation of the ADA which has been
brought pursuant to its grievance procedure the Contractor shall satisfy and discharge the same at its own
expense
The County shall as soon as practicable after a claim has been made against it give written notice thereof
to the Contractor along with full and complete particulars of the claim If any action or administrative proceeding
is brought against the County or any of its agents servants and employees the County shall expeditiously forward
or have forwarded to the Contractor every demand complaint notice summons pleading or other process
received by the County or its representatives
It is expressly agreed and understood that any approval by the County of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and
to defend indemnify protect and save harmless the County pursuant to this paragraph
It is further agreed and understood that the County assumes no obligation to indemnify or save harmless
the Contractor its agents servants employees and subcontractors for any claim which may arise out of their
performance of this Agreement Furthermore the Contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the Contractorrsquos obligations assumed in this Agreement nor
shall they be construed to relieve the Contractor from any liability nor preclude the County from taking any other
actions available to it under any other provisions of this Agreement or otherwise at law
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________
![Page 30: Request for Proposals for the Provision of Professional ... · 8/3/2017 · Section 1.4. Conditions Applicable to RFP. Upon submission of a Proposal in response to this RFP, the](https://reader033.vdocuments.net/reader033/viewer/2022051322/603ae8ae2aa1676c3b567423/html5/thumbnails/30.jpg)
COUNTY OF MORRIS County of Morris New Jersey Division of Purchasing DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation (RFP) Number ____________Respondent _________________________________________________ Pursuant to Public Law 2012 c 25 any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest under penalty of perjury that the person or entity or one of the person or entityrsquos parents subsidiaries or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran If the Director finds a person or entity to be in violation of the principles which are the subject of this law she shall take action as may be appropriate and provided by law rule or contract including but not limited to imposing sanctions seeking compliance recovering damages declaring the party in default and seeking debarment or suspension of the person or entity
I certify pursuant to Public Law 2012 c 25 that neither the bidder listed above nor any of the bidders parents subsidiaries or affiliates is listed on the NJ Department of the Treasuryrsquos list of entities determined to be engaged in prohibited activities in Iran pursuant to PL 2012 c 25 (Chapter 25 List) I further certify that I am the person listed above or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf I will skip Part 2 and sign and complete the Certification below
- OR -
I am unable to certify as above because the bidder andor one or more of its parents subsidiaries or affiliates is listed on the Departments Chapter 25 list I will provide a detailed accurate and precise description of the activities in Part 2 below and sign and complete the Certification below Failure to provide such will result in the proposal being rendered as non- responsive and appropriate penalties fines andor sanctions will be assessed as provided by law In the event that a person or entity is unable to make the above certification because it or one of its parents subsidiaries or affiliates has engaged in the above-referenced activities a detailed accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties fines andor sanctions will be assessed as provided by law PART 2 PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide accurate and precise description of the activities of the bidding personentity or one of its parents subsidiaries or affiliates engaging in the investment activities in Iran outlined above by completing the boxes below
NAME_______________________________________________ Relationship to Respondent _______________________________
Description of Activities________________________________________________________________________________________
Duration of Engagement_________________________________________ Anticipated Cessation Date _______________________
RespondentOfferor Contact Name________________________________ Contact Phone Number___________________________
Certification I being duly sworn upon my oath hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity I acknowledge that Morris County is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification and if I do so I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with Morris County New Jersey and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable
Full Name (Print) ___________________________________ Signature _________________________________________
Title______________________________________________ Date _____________________________________________