request for proposals for the provision of professional ... · 8/3/2017  · section 1.4....

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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.

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Page 1: 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

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

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 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

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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--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

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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 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

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

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 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 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

(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

(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 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

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 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

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

(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 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

(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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--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

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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

(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 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

(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 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

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 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

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 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

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

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

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

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

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

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

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

____________________________________________________________________________

____________________________________________________________________________

__________________________________ ________________________________________

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

_______________________________________________________________________________________________________

______________________________________________________________________________________________

___________________________________________________________ ______________

___________________________________________ ______________________________________

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

_________________________________________

_________________________________________

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

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

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

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

(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

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

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 _____________________________________________