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Cherry Hill Telecom Consultant RFP 2024

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0% found this document useful (0 votes)
20 views37 pages

Cherry Hill Telecom Consultant RFP 2024

RFp

Uploaded by

justinv.ceragon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

REQUEST FOR PROPOSAL

PROFESSIONAL SERVICES CONTRACTS TO BE AWARDED BY


ESTABLISHED QUALIFICATION CRITERIA FOR

TELECOMMUNICATIONS CONSULTANT - POOL

Notice is hereby given that sealed proposals addressed to Patti Chacker, Township Clerk, will be
received up to 11:00 A.M. prevailing time on September 24, 2024 at which time they will be
opened and read by the Purchasing Agent of the Township of Cherry Hill, at the Municipal
Building, 820 Mercer Street, Purchasing Department, Room 102, Cherry Hill, New Jersey.

Proposal Forms, Instructions to Bidders, Specifications and other Bidding documents may be
reviewed and obtained by downloading from the Cherry Hill Township Purchasing website
[Link]

Directions to download documents - Purchasing website click on bid specialty and bid title. At
bottom left side of description click “View Documents” and register. After registering, you may
download documents from bottom left side of page. Please be accurate in completing the
registration details. This information will ensure receipt of any/all addenda, if issued.

Pursuant to N.J.S.A. 40A:11-23c, addenda may be issued for bids.

It is the sole responsibility of the person submitting the proposal to be knowledgeable of all
addenda related to this procurement. If bidders obtain a Bid/RFP/RFQ from the website, it is the
responsibility of the person submitting the bid to check prior to the bid opening to see if addenda
have been issued. Copies of addenda or notice of same will be made available on the Township
Purchasing Website listed above and will be sent to registered bidders.

The Township of Cherry Hill is soliciting proposals through a fair and open process in accordance
with N.J.S.A. 19:44A-20.5 et seq., P.L. 2004, Chapter 19 (as amended by P.L. 2005, c.51),
Resolutions 2006-1-51 and 2008-10-10. Cherry Hill Township is soliciting Requests for
Proposal/Statements of Qualification for applicants for professional service position appointments.
Any vendor which enters into a contract or agreement with the Township of Cherry Hill or any
department or agency thereof shall file a disclosure statement identifying all reportable
contributions required to be reported pursuant to N.J.S.A. 19:44A-1, et seq.

Responses to the above referenced professional position should address the general criteria and
mandatory minimum criteria for the position sought. All responses will be reviewed as required
by law.

One (1) or more bidders will be awarded for the specialty “Telecommunications Consultant.”
Appointment shall be for the calendar year of 2025, price and other factors considered.

The applicant/proposer shall submit one (1) original with original signatures marked
“ORIGINAL” and should submit two (2) complete and exact copies of the original marked
“COPY” of his/her proposal and should submit an electronic copy on a flash drive.
As used herein, the term Township shall include all Cherry Hill Township Departments and
affiliated agencies including, but not limited to, the Cherry Hill Public Library.

The Township Council reserves the right to reject all proposals pursuant to N.J.S.A. 40A:11-13.2
(Rejection of Bids) and to waive such minor informalities as may be permitted by law.

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C.
17:27-1 et seq., Affirmative Action requirements.

Bidders are also required to comply with N.J.S.A. 19:44A-20.5 et seq., P.L. 2004, Chapter 19 (as
amended by P.L. 2005, c.51).

By order of the Township Council


Patti Chacker, RMC
Township Clerk
August 29, 2024
1. INTRODUCTION
The Township of Cherry Hill (hereinafter the “Township” or “Owner”) is soliciting proposals
from qualified firms interested in performing the duties and functions for the specialty of
“Telecommunications Consultant” and intends to award professional a services contract for the
defined scope of work in accordance with N.J.S.A. 19:44A-20.5 et seq. (Fair and Open process).

One (1) or more bidders will be awarded for the specialty “Telecommunications Consultant.”

Appointment shall be for the calendar year of 2025, price and other factors considered.

As used herein, the term Township shall include all Cherry Hill Township Departments and
affiliated agencies including, but not limited to, the Cherry Hill Public Library.

2. ADMINISTRATIVE CONDITIONS AND REQUIREMENTS

The following items express the administrative conditions and requirements of this RFP/RFQ.
Together with the other RFP/RFQ sections, they will apply to the RFP/RFQ process, the
subsequent contract, and project production. Any proposed change, modification, or exception to
these conditions and requirements may be the basis for the Township, hereinafter referred to as
owner, to determine the proposal as non-responsive to the RFP/RFQ and will be a factor in the
determination of an award of a contract. The contents of the proposal of the successful
Respondent, as accepted by the owner, will become part of any contract awarded as a result of
this RFP/RFQ.

2.1 Proposal Submission Information

Submission Date and Time: September 24, 2024, 11:00 A.M. prevailing time.

The applicant/proposer shall submit one (1) original with original signatures marked
“ORIGINAL” and should submit two (2) complete and exact copies of the original marked
“COPY” of his/her proposal and should submit an electronic copy on a flash drive.

Submission Office:

Township of Cherry Hill


Patti Chacker, Township Clerk
820 Mercer Street, Room 107
Cherry Hill, New Jersey 08002

Sealed bids addressed to Patti Chacker, Township Clerk, Room 107 will be received up to 11:00
a.m. prevailing time on September 24, 2024 at which time they will be publicly opened and read
by the Purchasing Agent of the Township of Cherry Hill, 820 Mercer Street, Room 102, Cherry
Hill, New Jersey.

Responses delivered before the submission date and time specified above may be withdrawn
upon written application of the Bidder who shall be required to produce evidence showing that
the individual is or represents the principal or principals involved in the proposal. After the
submission date and time specified, responses must remain firm for a period of sixty (60) days.
Clearly mark the submittal package with the title of this RFP/RFQ and the name of the responding
firm, addressed to the Township Clerk. The original proposal shall be marked to distinguish it from
the two copies. Only those RFP/RFQ responses received prior to or on the submission date will be
considered. Any submission(s) received after the specified time and location will be returned
unopened. Responses delivered before the submission date and time specified above may be
withdrawn upon written application of the respondent who shall be required to produce evidence
showing that the individual is or represents the principal or principals involved in the proposal.
After the submission date and time specified above, responses must remain firm for a period of
sixty (60) days.

2.2 Township Representative for this Solicitation

Please direct all questions in writing to:

Alvina Plodizyn, Purchasing Agent (QPA)


Township of Cherry Hill
820 Mercer Street, Room 102
Cherry Hill, New Jersey 08002

Voice: 856 488-7848


Email: aplodizyn@[Link]

2.3 Interpretations and Addenda

Respondents are expected to examine the RFP/RFQ with care and observe all its requirements.
All questions about the meaning or intent of this RFP/RFQ, all interpretations and clarifications
considered necessary by the owner’s representative in response to such comments and questions
will be issued by Addenda. Only comments and questions responded to by formal written Addenda
will be binding. Questions may be emailed to aplodizyn@[Link] . In order to be given
consideration, written requests for interpretation must be received no later than September 9, 2024,
10:00 a.m. It is recommended that any questions emailed should be followed up with a telephone
call to 856-488-7848 OR 856-432-8733 to ensure receipt of all questions; please leave a voicemail
as we are not in the office every day. Oral interpretations, statements or clarifications are without
legal effect. It is the sole responsibility of the person submitting the bid to be knowledgeable of
all addenda related to this procurement. If bidders obtain a Bid/RFP/RFQ from the website, it is
the responsibility of the person submitting the bid to check prior to the bid opening to see if
addenda have been issued. Copies of addenda or notice of same will be made available on the
Township Purchasing Website listed above and will be sent to registered bidders. Bidders who
have registered with the Purchasing Department will automatically receive copies of addenda.

2.4 Assign, Sublet or Transfer Any Rights/Interests

Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interests in this
Agreement without the prior written consent of the other party. Unless specifically stated to the
contrary, in writing, prior to any assignment, no assignment will release or discharge the assignor
from any duty or responsibility under this Agreement. Nothing herein shall be construed to give
any rights or benefits to any other than the owner and the Contractor.
2.5 Cost Liability and Additional Costs

The owner assumes no responsibility and liability for costs incurred by the Respondents prior to
the issuance of any/all agreements. The liability of the owner shall be limited to the terms and
conditions of the contract.

2.6 Statutory and Other Requirements

a. Compliance with Laws

Any contract entered into between the contractor and the owner must be in accordance
with and subject to compliance by both parties with the New Jersey Local Public
Contracts Law. The contractor must agree to comply with the non-discrimination
provisions and all other laws and regulations applicable to the performance of services
there under. The respondent shall sign and acknowledge such forms and certificates as
may be required by this section.

b. Mandatory EEO/Affirmative Action Compliance

No firm shall be issued a contract unless it complies with the EEO/Affirmative Action
requirements of P. L. 1975, C. 127 and N.J.A.C. 17:27 et seq as identified in the
documents attached hereto. The form shall be properly executed.

c. Americans with Disabilities Act of 1990

Discrimination on the basis of disability in contracting for the delivery of services is


prohibited. Respondents are required to read American with Disabilities language that
is part of the documents attached hereto and agree that the provisions of Title II of the
Act are made part of the contract. The contractor is obligated to comply with the Act
and hold the owner harmless.

d. Statement of Ownership

N.J.S.A. 52:25-24.2 provides that no business organization, regardless of form of


ownership shall be awarded any contract for the performance of any work or the
furnishing of any goods and services, including construction bids, unless, prior to the
receipt of the bid or accompanying the bid of said business organization, bidders shall
submit a statement setting forth the names and addresses of all persons and entities that
own ten percent or more of its stock or interest of any type at all levels of ownership. The
disclosure shall be continued until names and addresses of every non-corporate
stockholder, and individual partner, and member, exceeding the ten percent ownership,
has been listed. Disclosure must also be provided for individual stockholders who own
more than 10 percent, if the business is owned by a publicly owned corporation. In this
case, disclosure is met by providing a web link or reference to a US Security Exchange
Commission (or similar foreign regulator for a non-US corporation) ownership filing
statement. Mandatory/statutory item. This form MUST be completed in its entirety,
signed, and included with bid submission.
e. Non-Collusion Affidavit

The Non-Collusion Affidavit, which is part of this RFP/RFQ, shall be properly executed
and submitted with the RFP/RFQ response.

f. N.J. Business Registration Certificate

Certificate required pursuant to C57, PL2004. Failure to submit certificate by contract


award will be cause for rejection. Entities or individuals that need to file for a certificate
may do so on-line through the NJ Division of Local Government Services at the
following link: [Link] .

The New Jersey State Contractor Business Registration Program to local government
contracts requires any “Business Organization” (meaning individual, partnership,
association, joint stock company, trust, corporation, or other legal business entity or
successor thereof) to submit a copy of their Business Registration Certificate when
submitting a bid or proposal OR prior to award. BRC MUST have been issued prior to
receipt of bids pursuant to P.L. 2009, C.315 (A557/S2366)

FAILURE TO DO SO IS A FATAL DEFECT THAT CANNOT BE CURED

GOODS AND SERVICES CONTRACTS: N.J.S.A. 52:32-44 imposes the following


requirements on contractors and all subcontractors that knowingly provide goods or
perform services for a contractor fulfilling this contract:
1. the contractor shall provide written notice to its subcontractors to submit proof of
business registration to the contractor;
2. prior to receipt of final payment from a contracting agency, a contractor must submit
to the contracting agency an accurate list of all subcontractors or attest that none was
used;
3. during the term of this contract, the contractor and its affiliates shall collect and remit,
and shall notify all subcontractors and their affiliates that they must collect and remit to
the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and
Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property
delivered into this State.

A contractor, subcontractor or supplier who fails to provide proof of business registration


or provides false business registration information shall be liable to a penalty of $25 for
each day of violation, not to exceed $50,000 for each business registration not properly
provided or maintained under a contract with a contracting agency. Information on the
law and its requirements is available by calling (609) 292-9292.

EITHER
CERTIFICATE IS
ACCEPTABLE
g. Investment Activities in Iran and Certifications o Prohibited Activities in Russia
or Belarus.

IRAN: Pursuant to P.L. 2012 c.25 prohibited state and local public contracts with persons
or entities engaging in certain investment activities in energy of financial sectors of Iran.

RUSSIA/BELARUS: Pursuant to N.J.S.A. 40A:11-2.2, when a contract is awarded,


renewed, amended, or extended, a contracting unit shall now 1) require a vendor or
contractor to certify, using the Treasury vendor certification as a template, that the vendor
or contractor is no identified on the OFAC list due to activity related to Russia and/or
Belarus.

Pursuant to N.J.S.A. 40A:11-2.1 the owner is required to notify the New Jersey Attorney
General if it determines a false certification has been submitted.

h. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271,


Section 3 Reporting (N.J.S.A. 19:44A – 20.27)

(1) Any business entity that has received $50,000 or more in contracts from government entities
in a calendar year is required to file an annual disclosure report with ELEC. The instructions and
form are available on the ELEC website.
(2) Annual Disclosures require submission by March 30th of each year covering contracts and
contributions for the prior calendar year.
(3) At a minimum, a list of all business entities that file an annual disclosure report will be listed
on ELEC’s website at [Link].
(4) If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or
609-292-8700

i. Insurance and Indemnification

If it becomes necessary for the contractor, either as principal or by agent or employee, to


enter upon the premises or property of the owner in order to construct, erect, inspect, make
delivery or remove property hereunder, the contractor hereby covenants and agrees to take
use, provide and make all proper, necessary and sufficient precautions, safeguards, and
protection against the occurrence of happenings of any accident, injuries, damages, or hurt
to person or property during the course of the work herein covered and be his/her sole
responsibility.

The contractor further covenants and agrees to indemnify and save harmless the owner
from the payment of all sums of money or any other consideration(s) by reason of any, or
all, such accidents, injuries, damages, or hurt that may happen or occur upon or about
such work and all fines, penalties and loss incurred for or by reason of the violation of
any owner regulation, ordinance or the laws of the State, or the United States while said
work is in progress. The contractor shall maintain sufficient insurance to protect against
all claims under Workers Compensation, General Liability and Automobile and shall be
subject to approval for adequacy of protection and certificates of such insurance shall be
provided.

The contractor, by execution of the contract, shall thereby indemnify and hold the
Township harmless from any and all liabilities, claims, actions, costs and penalties which
may be incurred as the result of the failure of the contractor to comply with the
requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any
other statute or case law protecting the privacy of persons using its services.

Successful bidder will indemnify and hold harmless the OWNER from all claims, suits or
actions and damages or costs of every name and description to which the OWNER may be
subjected or put by reason of injury to the person or property of another, or the property of
the OWNER, resulting from negligent acts or omissions on the part of the bidder, the
bidder's agents, servants or subcontractors in the delivery of materials and supplies, or in
the performance of the work under this agreement.

Certificates of the Required Insurance

Certificates as listed above shall be submitted along with the contract as evidence covering
Comprehensive General Liability, Comprehensive Automobile Liability, and where
applicable, necessary Worker's Compensation and Employer's Liability Insurance. Such
coverage shall be with acceptable insurance companies operating on an admitted basis in
the State of New Jersey and shall name the OWNER as an additional insured.

Insurance/Background Checks

The Consultant is responsible to conduct adequate background checks on all employees


and/or sub-contractors working at Township facilities. Consultants and/or sub-contractors
must be bonded, show proof of insurance coverage naming the Township as an additional
insured, and workers’ compensation insurance.

Insurance Requirements

The Consultant shall maintain during the life of the contract, insurance policies of the
type and with the minimum limits indicated below and in a form satisfactory to the
municipality. The Consultant shall provide a certified copy of the policies and/or
certificates of insurance satisfactory to the municipality prior to commencement of work.

1. Worker's Compensation and Employer's Liability Insurance


This insurance shall be maintained in force during the life of this contract by the
bidder covering all employees engaged in performance of this contract in
accordance with the applicable statute. Minimum Employer's Liability is
$500,000.00.

2. General Liability Insurance


This insurance shall have limits of not less than $1,000,000.00 any one person and
$1,000,000.00 any one accident for bodily injury and $3,000,000.00 aggregate for
property damage, and shall be maintained in force during the life of this contract
by the bidder.

3. Automobile Liability Insurance


This insurance covering bidder for claims arising from owned, hired and non-
owned vehicles with limits of not less than $1,000,000.00 any one person and
$1,000,000.00 any one accident for bodily injury and $1,000,000.00 each accident
for property damage, shall be maintained in force during the life of this contract
by the bidder.
4. Professional Liability
$1,000,000.00 errors and omissions/malpractice for occurrence.

j. HIPAA (if applicable)

Both parties agree to comply with all requirements of the Federal Health
Insurance Portability and Accountability Act of 1996 (‘HIPAA”) as may be
amended from time to time and the corresponding HIPAA regulations for the
confidentiality and security of medical information
.
The contractor shall:
• Not use or disclose protected health information other than as permitted or
required by law
• Use appropriate safeguards to protect the confidentiality of the I
information
• Report any use or disclosure not permitted

The contractor, by execution of the contract, shall thereby indemnify and hold the owner
harmless from any and all liabilities, claims, actions, costs and penalties which may be
incurred as the result of the failure of the contractor to comply with the requirements of
the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or
case law protecting the privacy of persons using its services.

k. Proof of Licensure

Proof of licensure for providing Professional Services in the State of New Jersey, for
either the firm or the person responsible for the work, shall be provided as required.

l. Public Emergency

In the event of a Public Emergency declared at the Local, State or Federal Level, if the
Township opts to extend terms and conditions of this RFP/RFQ, the contractor agrees to
extend the terms and conditions of this RFP/RFQ, whether existing, expiring or expired
no longer than six months, for goods and/or services for the duration of the emergency. In
the event the original contractor cannot meet this requirement, the Township may solicit
the goods and/or services from any respondent on this contract.

m. Multiple Proposals Not Accepted

More than one proposal from an individual, a firm or partnership, a corporation or


association under the same or different names shall not be considered.

n. Failure to Enter Contract


Should the respondent, to whom the contract is awarded, fail to enter into a contract
within twenty-one (21) days, Sundays and holidays excepted, the owner may then, at its
option, accept the proposal of another respondent.
o. Commencement of Work

The contractor agrees to commence work after the date of award by the Township and
upon notice from the using department.

p. Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner
obligations under the Contract or if the contractor violates any requirements of the
Contract, the owner shall thereupon have the right to terminate the Contract by giving
written notice to the contractor of such termination at least thirty (30) days prior to the
proposed effective date of the termination. Such termination shall relieve the owner of any
obligation for the balances to the contractor of any sum or sums set forth in the
Contract.

The contractor agrees to indemnify and hold the owner harmless from any liability to
subcontractors/suppliers concerning payment for work performed or goods supplied
arising out of the lawful termination of the Contract by the owner under this provision. In
case of default by the contractor, the owner may procure the articles or services from other
sources and hold the contractor responsible for any excess cost occasioned thereby.

q. Non-Allocation of Funding Termination

Each fiscal year payment obligation of the Owner is conditioned upon the availability of
Owner funds appropriated or allocated for the payment of such an obligation. If funds are
not allocated and available for the continuance of any services performed by the Contractor
hereunder, whether in whole or in part, the Owner at the end of any particular fiscal year
may terminate such services. The Owner will notify the Contractor in writing immediately
of any services that will be affected by a shortage of appropriated funds. This provision
shall not be construed so as to permit the Owner to terminate this Agreement during the
term, or any service hereunder, merely in order to acquire identical services from a third
party contractor.

r. Challenge of Specifications

Any respondent who wishes to challenge a specification shall file such challenge in
writing with the Purchasing Agent no less than three (3) business days prior to the
opening of the RFP/RFQ's. Challenges filed after that time shall be considered void
and having no impact on the owner or the award of contract.

s. Payment

Invoices shall specify, in detail, the period for which payment is claimed, the services
performed during the prescribed period, the amount claimed and correlation between the
services claimed and the Proposal Cost Form.

Payment will be made within sixty (60) days or less provided the vendor returns signed
purchase order with original signature and original invoice within specified time period.

The owner may withhold all or partial payments on account of subsequently discovered
evidence including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then
unpaid.

When the above grounds are removed, payment shall be made for amounts withheld
because of them.

t. Non-payment of Penalties and Interest on Overdue Bills

Public funds may be used to pay only for goods delivered or services rendered. The
Township will not pay penalties and/or interest on overdue bills. No employee is
authorized to sign a letter of credit or any other document that represents a legal
commitment on the part of the Township to pay additional fees.

u. Availability of Funds

Pursuant to statutory requirements, any contract resulting from this bid shall be subject to
the availability and appropriation of sufficient funds annually.

v. Ownership of Material

The owner shall retain all of its rights and interest in any and all documents and property
both hard copy and digital furnished by the owner to the contractor for the purpose of
assisting the contractor in the performance of this contract. All such items shall be returned
immediately to the owner at the expiration or termination of the contract or completion
of any related services, pursuant thereto, whichever comes first. None of the documents
and/or property shall, without the written consent of the owner, be disclosed to others or
used by the contractor or permitted by the contractor to be used by their parties at any time
except in the performance of the resulting contract.

Ownership of all data, materials and documentation originated and prepared for the owner
pursuant to this contract shall belong exclusively to the owner. All data, reports,
computerized information, programs and materials related to this project shall be
delivered to and become the property of the owner upon completion of the project. The
contractor shall not have the right to use, sell, or disclose the total of the interim or final
work products, or make available to third Parties, without the prior written consent of the
owner. All information supplied to the owner may be required to be supplied on CD-ROM
media compatible with the owner’s computer operating system, windows based, Microsoft
Office Suite 2007 or greater.

w. Altering Official Document


Respondents shall not write in any margins or alter the official content of Township’s
document.
x. W-9
Successful bidder/respondent shall complete W-9 Form and submit to Purchasing prior to
contract award. The form is available at the following link:
[Link]

2.7 Representations
The Vendor hereby represents as follows:
1. The Vendor is financially solvent, able to pay its debts as they become due and
possessed of sufficient working capital to complete the services required and perform its
obligations under this Agreement.
2. The Vendor is able to furnish the workplace, tools, materials, supplies, equipment
and labor necessary to complete the Services and perform all of its obligations under the
Contractual Documents, and has sufficient experience and competence to do so.
3. The Vendor is authorized to do business in the State of New Jersey and is
properly licensed by all necessary governmental and public and quasi-public authorities
having jurisdiction over the Vendor and the Services it will be performing.
4. The Vendor’s execution of and performance under this Agreement are within its
duly authorized powers.
5. The Vendor certifies that it has satisfied itself, from its own investigation, of the
conditions to be met, and that it fully understands its obligations and agrees that it will
not make any Claim for, or have right to, cancellation or relief from the Contractual
Documents without penalty because of its misunderstanding or lack of information.
6. The Vendor certifies that all representations made by it in any of the Contractual
Documents are true, subject to penalty of law. The Vendor understands and agrees that its
knowing or intentional violation of any statute or regulation related to public contracts
and/or its misrepresentation or concealment of any material fact may be cause for
termination of this Agreement. The Vendor understands and agrees that the Vendor’s
violation of any statute or regulation related to public contracts and/or its
misrepresentation or concealment of any material fact shall serve as a legal bar to the
Vendor’s enforcement of its rights under the Contractual Documents, including any and
all Claims at law or equity.
7. The Vendor and any firm it has subcontracted has provided to the Authority
proof of valid business registration with the Division of Revenue of the New Jersey
Department of the Treasury, pursuant to L. 2001, c. 134, as set forth in Appendix E, and
the Vendor shall not enter into any subcontract with a firm that has not provided it and
the Authority with proof of such valid business registration. State of New Jersey
Business Registration Certificate MUST be received by the Township prior to award of
contract and must have been issued prior to bid opening date/time pursuant to P.L.
2009, c.315 (A-557/S2366).
TELECOMMUNICATIONS CONSULTANT

PERIOD OF CONTRACT

This contract shall be for the 2025 calendar year.

DESCRIPTION OF REQUIRED SERVICES –


TELECOMMUNICATIONS CONSULTANT

GENERAL CRITERIA

Township of Cherry Hill and the Department of Community Development desires to appoint a
firm to provide consulting Telecommunications services to Township of Cherry Hill including,
but limited to, review of Small Cell Wireless Applications in accordance with applicable Township
Ordinances and Regulations, review and recommend revisions to local ordinances, assist with the
Township’s efforts to expand cellular service, and advise on other related telecommunication
matters. Applicants should demonstrate knowledge and experience with respect to all aspects of
telecommunication consulting services and related land use regulations required by a municipal
entity. Any experience or knowledge of matters that directly affect Township of Cherry Hill
should be addressed.

MANDATORY MINIMUM REQUIREMENTS

The proposal submitted by the Respondent must meet or exceed the professional, administrative
and financial qualifications and requirements as set forth in the RFP/RFQ and shall incorporate
the information requested 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.

1. Must be certified to provide Telecommunication Engineering, Planning, and/or


Consulting services in the State of New Jersey.

2. Telecommunications Consultant firm must be proficient in the design, install and


equipment used for transmitting wired phone, cellular, cable and broadband data. Firm
must be experienced in both wire and wireless technology, inclusive of 5G, cell tower,
small-cell tower and all applicable specialties.

3. Schedule of hourly rates for Telecommunication Consultant and support staff.


The fee proposal at the end of this section must be completed as outlined or the proposal
will be rejected.

4. Project Managers must have a minimum of five (5) years’ experience in providing
telecommunication consulting services to municipalities.

5. Must be experienced in obtaining permits and approvals from various federal


state, county and local regulatory agencies with specific experience related to
development of wireless systems.
6. Must maintain a staff of licensed or certified professionals sufficient to service
Township of Cherry Hill.

7. Must list past and present municipalities and/or Planning and Zoning Boards
served or presently providing expert testimony or service to these groups.

8. Please list office address. Must be able to respond to emergent matters promptly.

9. Key personnel must be able to attend work sessions and site visits, as may be
required.

10. Ability to advise staff with respect to how the application complies with local
ordinances, state law and FCC regulations. Must have a working knowledgeable of all
applicable federal, state, county and local statutes in regard to the telecommunications
field.

STANDARDS FOR DELIVERABLES

1. Except for appendices, all reports are to be presented for ease of readability by the
average citizen; include charts, graphs and other graphics as appropriate.

2. All reviews, reports should be provided in both paper and digital format (Adobe .PDF);

Any and all work and/or projects that are not specific to an application or subject to an escrow
agreement or considered de Minimis general municipal work, as determined by the Department
of Community Development, shall require the vendor to submit a scope of work to the
Township. The scope of work shall be inclusive of all activities necessary to complete a
proposed project and must receive written authorization by the Mayor and/or designee prior to
any commencement of work.

Proposal Requirements

FEE PROPOSAL TO PROVIDE THE SERVICES OUTLINED ABOVE

This fair and open process proposal is for the Request for Proposal/Request for Qualifications.
Contract award(s) shall be made with reasonable promptness by written notice to that responsible
bidder(s), whose bid proposal(s), conforming to this RFP/RFQ, is (are) most advantageous to the
Township, price, and other factors considered.

Proposal Requirements

Qualification Statement and Proposal

Respondents are requested to submit a Qualification Statement and Proposal. The Qualification
Statement and Proposal must contain all requirements of the RFP/RFQ and the following
information.

1. The address of the office in which the work will be performed.


2. The name and title of the individuals who will be assigned to the project(s).
3. A narrative demonstrating your understanding of all work necessary. The narrative must
detail your firm’s particular ability to perform the type of work. The narrative must indicate
the experience of your firm/staff for the type of work involved for the categories your firm
is preparing a response. The narrative should address the ability of your firm to
complete the required work in a professional and cost-effective manner.
4. Resumes of key personnel must be submitted along with your firms’ proposals. Each
resume must highlight education, professional credentials, and work performance on
projects similar to that described in this RFP/RFQ. A resume of the primary partner, as
well as the resume(s) of key personnel must be included.
5. It is anticipated that the Township will require monthly itemized statements for all
services and will subject these statements to audit at least annually. Describe how your
firm would provide for this reporting.
6. Please submit an example of a typical invoice your firm provides to a public agency.

Fee Schedule

Respondents shall submit a proposed hourly rate fee schedule for the contract year 2025.

Complete and sign the cost details page and include the signed fee
proposal with the submission.
The applicant/proposer shall submit one (1) original with original
signatures marked “ORIGINAL” and should submit two (2)
complete and exact copies of the original marked “COPY” of his/her
proposal and should submit an electronic copy on a flash drive.
References

Please provide a list of (3) three clients for whom similar services have been provided. Include
the following in your response:

1. Name of Client 4. Contact Person’s 7. Dates Worked


2. Address of Client 5. Telephone Number
3. Contact Person’s Name 6. E-mail address

Evaluation, Review and Selection Process

Proposals to Remain Subject to Acceptance

RFP/RFQ responses shall remain open for a period of sixty (60) calendar days from the stated
submittal date. The owner will either award the Contract within the applicable time period or reject
all proposals. The owner may extend the decision to award or reject all proposals beyond the sixty
(60) calendar days when the proposals of any respondents who consent thereto may, at the request
of the owner, be held for consideration for such longer period as may be agreed.
Rejection of Proposals

The owner reserves the right to reject any or all proposals, or to reject any proposals if the
evidence submitted by, or investigation of such respondent fails to satisfy the owner that such
respondent is properly qualified to carry out the obligations of the RFP/RFQ and to complete the
work contemplated therein. The owner reserves the right to waive any minor informality in the
RFP/RFQ. In the event that all proposals are rejected, the Township reserves the right to start
the process over from the beginning and re-solicit proposals.

If No Proposals Are Received

If no proposals are received after conducting the Fair and Open Process, the Committee will
make a recommendation for the appointment of a professional to the governing body as
permitted in N.J.S.A. 40A:11-6.1(a)(b). Notwithstanding the above, all professionals receiving
awards based on this sub-section must comply with the limitations per Pay to Play.

Evaluation Process

An evaluation team will review all proposals to determine if they satisfy the Proposal
Requirements, determine if a proposal should be rejected and evaluate the proposals based upon
the Evaluation Criteria. The highest-ranking respondent will then be recommended to the
governing body for award of contract, based on price and other factors.

Evaluation Criteria

The criteria considered in the evaluation of each proposal follows. The arrangement of the
criteria is not meant to imply order of importance in the selection process. All criteria will be
used to select the successful respondent.

1. Understanding of the Scope of Work


Completeness and responsive to the RFP/RFQ
Compliance with instructions & requests
Demonstrates clear understanding of Scope of Work

2. Knowledge and Technical Competence


Suitability to perform the required tasks
Technical processes & equipment
Process(es) used to measure & assure the quality of service

3. Management, Experience and Personnel Qualifications


Project management team & their qualifications
Education & training of employees
Additional resources available
Record of reliability & quality of service
Experience performing similar work
References – as required in RFP

4. Cost
Explanation of costs (on Cost Sheet)
Cost comparison
Miscellaneous additional services costs

Award
The Township reserves the right to conduct an interview or interviews with the prospective
professional to discuss the scope of the professional services as outlined in the Bidder’s
submission.

Term of Contract: Calendar year 2025

The Professional Services Committee will select the vendor(s) deemed most advantageous to the
Township, price and other factors considered. The Professional Services Committee’s selection
shall be forwarded to the governing body for approval. Once approved by the governing body
by resolution, the contract between the Township and the selected vendor(s) shall be prepared.

All awards are subject to availability of funds.

Notice of Award

The successful respondent will be notified of the award of contract upon a favorable decision by
the governing body. The Purchasing Agent may then send a Purchase Order/Voucher to the
contractor.

Payment

Payment will be made after a properly executed Township voucher has been received and formally
approved on the voucher list by the Township Council at its subsequent regular meeting. The
voucher will be certified correct by the department/division head who received the goods or
services.
Payment will be made within sixty (60) days or less provided the vendor returns signed purchase
order with original signature and original invoice within specified time period.

Open Public Records Act (OPRA)

All documents/information, except for OPRA’s Exemptions from Disclosure, submitted in


response to this solicitation shall be available to the general public as required by the New Jersey
Open Public Records Act N.J.S.A. 47:1A-1 et seq.

Any information deemed proprietary or confidential by vendor MUST be disclosed as such to the
Township. If not properly disclosed as proprietary or confidential information, said information
will be made available to the general public as required by the New Jersey Open Public Records
Act.

Please refer to the New Jersey Open Public Records Act N.J.S.A. 47:1A-1 et seq. for a list of
exceptions under the law.
COST DETAILS/ SIGNATURE PAGE

TELECOMMUNICATIONS CONSULTANT

NAME AND TITLE OF HOURLY RATES EXPENSES TIME ESTIMATE,


EMPLOYEE WHO WILL IF APPLICABLE
PERFORM SERVICES **

Travel Time

Fax

Postage

Copies

Other: please specify

Other: please specify


Please use additional sheet(s) if necessary.
Any fee or cost not specified in your proposal is to be included within the hourly
fee proposed.

TOTAL COST, where appropriate, total cost “not to exceed” amount

$___NOT APPLICABLE___________________________________

**Please include on a separate sheet for every title referenced the definition of the
title used. The definition should reference the level of experience, licensing,
and/or parameters of the job function.
The undersigned hereby declares that they have carefully examined the requirements of the specifications
contained herein and propose the following for the Consultant specialty bid and if awarded the contract,
they will provide services as specified by the Specifications. COMPLETE AND SIGN
BELOW

SIGNATURE:______________________________________________________________________

NAME PRINTED:___________________________________________________________________

COMPANY:________________________________________________________________________

ADDRESS:_________________________________________________________________________

TELEPHONE:_____________________________________ FAX:______________________________

EMAIL:_________________________________________ DATE:_____________________________

FEE PROPOSAL TO PROVIDE THE SERVICES OUTLINED ABOVE


This fair and open process proposal is for the Request for Proposal/Request for Qualifications. Contract
award(s) shall be made with reasonable promptness by written notice to that responsible bidder(s), whose
bid proposal(s), conforming to this RFP/RFQ, is (are) most advantageous to the Township, price and
other factors considered.

OFFICE LOCATION – Please list complete address of servicing location:

_____________________________________________________________________________________

_____________________________________________________________________________________

Conflict of Interest
Indicate and disclose below any potential conflicts of interest that the Consultant(s) may have in
performing these services for the Township of Cherry Hill.

Conflict of Interest Yes___________ No____________


If answered “yes”, please explain below or on separate sheet(s)

__________________________________________________________________________
_________________________________________________________________________

__________________________________________________________________________
_________________________________________________________________________
REFERENCES: Please provide a minimum of three (3) references below or you may use separate
sheet(s). Please include contact name, title, client name and address, telephone number, email address
and dates worked. You may also include additional references if desired.

1.___________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

2.___________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

3.___________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________
TOWNSHIP OF CHERRY HILL
BID DOCUMENT CHECKLIST
___________________________________________________________________________
FAILURE TO SUBMIT THE TWO (2) CHECKED” REQUIRED ITEMS WILL
RESULT IN REJECTION OF YOUR BID

Required Read, Signed


with &Submitted
Bid
Bidder’s initial

_√_ Ownership Disclosure Certification – Statutory (N.J.S.A. 40a:11-23.2) ___________


_√_ Acknowledgement of Receipt of Addenda (complete enclosed form
AND enclose signed copies of any/all Addenda with bid submission
– Statutory (N.J.S.A. 40a:11-23.2) ____________

The following checklist is for your reference only and is strictly to guide vendors with required
documentation; however, it may not include all specification requirements and does not relieve
the bidder of the need to read and comply with the specifications.

_√_ Non-Collusion Affidavit


_√_ Required Evidence EEO/Affirmative Action Regulations Certificate of Questionnaire
_√_ Certificate of Insurance naming Owner as additionally insured (from awarded vendor
with executed contracts)
_√_ C.271 Political Contribution Disclosure Form
_√_ License(s) and/or Certification(s) if required by the specifications
_√_ Past and present public entities represented
_√_ Office Location
_√_ State of New Jersey Business Registration Certificate -with bid submission OR prior to award
_√_ Flash Drive with PDF of Bid Response along with Printed Copied (reference Notice to
Bidders)
_√_ Disclosure of Investment Activities in Iran (complete in entirety & sign)
_√_ Certification of Non‐Involvement In Prohibited Activities In Russia Or Belarus
_√_ Debarred, Suspended, and Disqualified Consultant Affidavit
_√_ Price Proposal – completed & signed

EEO Compliance: Goods, General Services and Professional Services

_√_ Mandatory Equal Employment Opportunity Language N.J.S.A. 10.5-31 et seq. (P.L 1975,
c. 127) and N.J.A.C. 17:27 et seq. (Exhibit A – Attachment A)
_√_ New Jersey Anti-Discrimination Provisions N.J.S.A. 10:2-1 et seq. (Attachment B)
_√_ Americans with Disabilities Act of 1990-Equal Opportunity for Individuals with
Disability (Attachment C)
TOWNSHIP OF CHERRY HILL

CAMDEN COUNTY, NEW JERSEY

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Dated Acknowledge Receipt (initial)

_________________ _____________ _ ____________________

_________________ ______________ _____________________

_________________ ______________ _____________________

_________________ ______________ _____________________

□ No Addenda were received


Acknowledged for:___________________________________________________________________
(Name of Bidder)

By:________________________________________________________________________________
(Signature of Authorized Representative)

Printed Name:________________________________________________________________________

Title: _______________________________________________________________________________

Date:_______________________________________________________________________________
Disclosure of Investment Activities in Iran

Person or Entity

Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or otherwise
proposes to enter into or renew a contract, must complete the certification below to attest, under penalty of
perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is identified on the
State Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran.
The list is found on Treasury’s website at [Link]/treasury/purchase/pdf/[Link].
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract, including but not limited to imposing sanctions, seeking compliance, recovering damages,
declaring the party in default and seeking debarment or suspension of the party.

I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed
above, nor any parent entity, subsidiary, or affiliate thereof is listed on the N.J.
Department of the Treasury’s list of entities determined to be engaged in prohibited
 activities in Iran pursuant to P.L. 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 person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s
Chapter 25 list. I will provide a detailed, accurate and precise description of the
 activities in Part 2 below sign and complete the Certification below.

Part 2: Additional Information


PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more
space is needed, on additional sheets provided by you.

Part 3: Certification of True and Complete Information

I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments there to the best of my knowledge are true and complete. I attest that I am authorized to
execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the TOWNSHIP OF CHERRY HILL 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 TOWNSHIP OF CHERRY HILL to notify the
TOWNSHIP OF CHERRY HILL in writing of any changes to the answers of information contained
herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the TOWNSHIP
OF CHERRY HILL and that the TOWNSHIP OF CHERRY HILL at its option may declare any
contract(s) resulting from this certification void and unenforceable.

Full Name (Print) Title

Signature Date
CERTIFICATION OF NON‐INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS

Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or
other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here:
[Link] If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.

I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of
Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so
certify:
(Check the Appropriate Box)
That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of
A. activity related to Russia and/or Belarus.

OR
That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
B. Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

OR
That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated
Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to Russia and/or Belarus
C. consistent with federal law, regulation, license or exemption. A detailed description of how the Vendor’s activity related
to Russia and/or Belarus is consistent with federal law is set forth below.

(Attach Additional Sheets If Necessary.)

Signature of Vendor’s Authorized Representative Date


Print Name and Title of Vendor’s Authorized Representative Vendor’s FEIN

Vendor’s Name Vendor’s Phone Number

Vendor’s Address (Street Address) Vendor’s Fax Number

Vendor’s Address (City/State/Zip Code) Vendor’s Email Address


i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership,
limited liability company, business association, sole proprietorship, joint venture, partnership, society, trust, or any
other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of a
government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International
Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or indirect subsidiary,
or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
REQUIRED EVIDENCE

AFFIRMATIVE ACTION REGULATIONS


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

GOODS AND SERVICES CONTRACT


(INCLUDING PROFESSIONAL SERVICES)

This form is a summary of the successful bidder’s requirement to comply with the requirement of comply with the
requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 et seq.

The successful bidder shall submit to the public agency, after notification of award but prior to execution of this contract,
one of the following three documents as forms of evidence;

1. A photocopy of a valid letter from the U.S. Department of Labor that the contractor has an existing federally-
approved or sanctioned Affirmative Action Plan (good for one year from the date of the letter).

OR
2. A photocopy of approved Certificate of Employee Information Report issued in accordance with N.J.A.C. 17:27-
4;

OR
3. An Employee information Report (Form AA302) completed with a copy to the N.J. Department of the Treasury
with the appropriate fee.

NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION
REGULATIONS OF N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1.
----------------------------------------------------------------------------------------------------------------
The following questions must be answered by all bidders:

1. Do you have a federally-approved or sanctioned Affirmative Action Program?


YES NO_____
If yes, please submit a copy of such approval.

2. Do you have a Certificate of Employee Information Report Approval?


YES NO____
If yes, please submit a copy of such certificate.

The undersigned contractor certifies that he is aware of the commitment to comply with the requirements of P.L.1975,
c.127 and agrees to furnish the required documentation pursuant to the law.

COMPANY: SIGNATURE:______________________________________

TITLE:____________________________

Note: A professional’s bid must be rejected as non-responsive if a contractor fails to comply with requirements of
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27, within the time frame.
REVISED 2022

EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)
N.J.A.C. 17:27-1.1 et seq.
GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES 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, up- grading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprentice- ship. The
contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Public Agency Compliance Officer setting forth
provisions of this nondiscrimination clause.

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

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

The contractor or subcontractor, where applicable, agrees to comply with any regulations
promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and
supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to meet targeted county
employment goals established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities,
and labor unions, that it does not discriminate on the basis of age, race, creed, col- or, national
origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex, and that it will discontinue the use of any recruitment agency which
engages in direct or indirect discriminatory practices.

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

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

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; or
Employee Information Report Form AA-302 (electronically provided by the Division through
the Division’s website at: [Link] .

The contractor and its subcontractors shall furnish such reports or other documents to the
Division of Purchase & Property, CCAU, EEO Monitoring Program as may be request- ed 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 &
Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant
to N.J.A.C. 17:27-1.1 et seq.

ATTACHMENT B – NEW JERSEY ANTI-DISCRIMINATION PROVISIONS


N.J.S.A. 10:2-1 ET SEQ.

Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:

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

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

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

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

No provision in this section shall be construed to prevent a board of education from designating
that a contract, subcontract or other means of procurement of goods, services, equipment or
construction shall be awarded to a small business enterprise, minority business enterprise or a
women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).

ATTACHMENT C
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability

The contractor and the owner do hereby agree that the provisions of Title 11 of the Americans
with
Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination
on the basis of disability by public entities in all services, programs, and activities provided or
made available by public entities, and the rules and regulations promulgated pursuant there unto,
are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner
pursuant to this contract, the contractor agrees that the performance shall be in strict compliance
with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors
violate or are alleged to have violated the Act during the performance of this contract, the
contractor shall defend the owner in any action or administrative proceeding commenced
pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its
agents, servants, and employees from and against any and all suits, claims, losses, demands, or
damages, of whatever kind or nature arising out of or claimed to arise out of the alleged
violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges
for legal services and any and all costs and other expenses arising from such action or
administrative proceeding or incurred in connection therewith. In any and all complaints brought
pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of
the owner which is rendered pursuant to said grievance procedure. If any action or administrative
proceeding results in an award of damages against the owner, or if the owner incurs any expense
to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the
contractor shall satisfy and discharge the same at its own expense.

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

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

It is further agreed and understood that the owner assumes no obligation to indemnify or save
harmless the contractor, its agents, servants, employees and subcontractors for any claim which
may arise out of their performance of this Agreement. Furthermore, the contractor expressly
understands and agrees that the provisions of this indemnification clause shall in no way limit the
contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the
contractor from any liability, nor preclude the owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This statement shall be completed, certified to, and included with all bid and proposal submissions.
Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:____________________________________________________________

Organization Address:_____________________________________________________________

Part I - Check the box that represents the type of business organization:

󠆼Sole Proprietorship (skip Parts II and III, execute certification in Part IV)

󠆼Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)

󠆼For-Profit Corporation (any type) 󠆼Limited Liability Company (LLC)

󠆼Partnership 󠆼Limited Partnership 󠆼Limited Liability Partnership (LLP)

󠆼Other (be specific): __________________________________________________________

Part II
󠆼 The list below contains the names and addresses of all stockholders in the corporation who own 10
percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10
percent or greater interest therein, or of all members in the limited liability company who own a 10
percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS
SECTION)
OR

󠆼 No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no
individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the
limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO
PART IV)

(Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Address


Part III
DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS
OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10
percent or greater beneficial interest in the publicly traded parent entity as of the last annual
federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure
can be met by providing links to the website(s) containing the last annual filing(s) with the federal
Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each
person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the
relevant page numbers of the filing(s) that contain the information on each such person. Attach additional
sheets if more space is needed.

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

Please list the names and addresses of each stockholder, partner or member owning a 10 percent or
greater interest in any corresponding corporation, partnership and/or limited liability company (LLC)
listed in Part II other than for any publicly traded parent entities referenced above. The disclosure
shall be continued until names and addresses of every non-corporate stockholder, and individual partner,
and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has
been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding


Entity Listed in Part II Address

Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments
thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute
this certification on behalf of the bidder/proposer; that the Township of Cherry Hill is relying on the
information contained herein and that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Township to notify the Township in writing
of any changes to the information contained herein; that I am aware that it is a criminal offense to make a
false statement or misrepresentation in this certification, and if I do so, I am subject to criminal
prosecution under the law and that it will constitute a material breach of my agreement(s) with the,
permitting the Township to declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (print) Title

Signature Date

Failure of the bidder/proposer to submit the required information with proposal is cause for automatic
rejection of the bid or proposal
TOWNSHIP OF CHERRY HILL
CAMDEN COUNTY, NEW JERSEY

NON-COLLUSION AFFIDAVIT

State of New Jersey County of ______________________ ss:

I________________________________________ residing in __________________________________


(name of affiant) (name of municipality)
in the County of _____________________ and State of ____________________ of full age, being duly
sworn according to law on my oath depose and say that:

I am ____________________________________ of the firm of __________________________________,


(title or position) (name of firm)
the bidder making this Proposal for the bid proposal entitled ___________________________________,
(title of bid proposal)
and that I executed the said Proposal with full authority to do so that said bidder had not, directly or indirectly
entered into any agreement(s), participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained in said
Proposal and in this affidavit are true and correct, and made with full knowledge that the _______________
__________________________ relies upon the truth of the statements contained in said Proposal and in this
(name of contracting unit)
affidavit in awarding the contract for the said Project.

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

_______________________________________
(Signature)

________________________________________
Type or print name of affiant under signature

Subscribed and sworn to before me this__________ day


of _______________________, 20____

__________________________________
Notary Public Signature
Notary Public of ____________________

My Commission expires __________________ 20____ .


DEBARRED, SUSPENDED AND DISQUALIFIED CONSULTANT AFFIDAVIT

STATE OF NEW JERSEY )


)
COUNTY OF )

I, of the Township of , in the County of______


and the State of being of full age, being duly sworn according to law on my oath depose
and say:

I am , an officer of the firm(s) of ____________________________


, the Professional making the proposal for the above named work; I executed the said proposal with full
authority to do so; said Professional at the time of making this proposal {as applicable, insert “is” or “is
not”} included on the State of New Jersey, State Treasurer’s List of Debarred, Suspended and
Disqualified Professionals; and all statements contained in said proposal and in this affidavit are true and
correct and made with the full knowledge that the Township of Cherry Hill as the Local Unit relies upon
the truth of the statements contained in said proposal and in the statements contained in this affidavit in
awarding the contract for said work:

I. Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal,
state or local government agency within the past 3 years;
II. Does not have a proposed debarment pending; and
III. Has not been indicted, convicted, or had a civil judgment rendered against (it) by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

The undersigned further warrants that should the name of the firm making this proposal appear on
the State Treasurer’s List of Debarred, Suspended and Disqualified Consultants at any time prior to, and
during the life of the contract, including the Guaranteed Period, that the Local Unit shall be immediately so
notified by the signatory of this Eligibility Affidavit.
(Insert Exceptions - For any exception noted, indicate to whom it applies, initiating agency,
and dates of action. Providing false information may result in criminal prosecution or administrative
sanctions. If no exceptions, insert “None”.)

Subscribed and Sworn __________________


Before me this day __________________
of ___ , 20 __________________
Name and address of Consultant
___________ __________________
Notary Public __________________
My commission expires:______________ Name and Title of Affiant

Signed:_________________________________________
Signature of Officer or Individual
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions

Business entities (contractors) receiving contracts from a public agency that are NOT awarded
pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the
provisions of N.J.S.A. 19:44A-20.26. This law provides that 10 days prior to the award of such a
contract, the contractor shall disclose contributions to:

• any continuing political committee (a.k.a., political action committee)


• any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located
o of another public entity within that county
o or of a legislative district in which that public entity is located or, when
the public entity is a county, of any legislative district which includes all
or part of the county
o
The disclosure must list reportable contributions to any of the committees that exceed $200 per
election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A.
19:44A-8 and 19:44A-16 for more details on reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a
business entity is not a natural person. This includes the following:

• individuals with an “interest” ownership or control of more than 10% of the profits or
assets of a business entity or 10% of the stock in the case of a business entity that is a
corporation for profit
• all principals, partners, officers, or directors of the business entity or their spouses
• any subsidiaries directly or indirectly controlled by the business entity
• IRS Code Section 527 New Jersey based organizations, directly or indirectly
controlled by the business entity and filing as continuing political committees,
(PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child,
residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A.
19:44A-20.26(b)] The contributor must be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine
imposed by ELEC in an amount to be determined by the Commission which may be based upon
the amount that the business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public
agencies whose elected official and/or candidate campaign committees are affected by the
disclosure requirement. It is the contractor’s responsibility to identify the specific committees to
which contributions may have been made and need to be disclosed. The disclosed information
may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the
required details (along with a signed cover sheet) may be used as the contractor’s submission and
is disclosable to the public under the Open Public Records Act.
The contractor must also complete the attached Ownership Disclosure Certification. This will
assist the agency in meeting its obligations under the law. NOTE: This section does not apply
to Board of Education contracts.
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor
Name:
Address:
City: State: Zip:

The undersigned being authorized to certify, hereby certifies that the submission provided herein
represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the
Instructions accompanying this form.
_________________________ ____________________________ _______________________
Signature Printed Name Title

Part II – Contribution Disclosure

Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable
political contributions (more than $200 per election cycle) over the 12 months prior to submission to the
committees of the government entities listed on the form provided by the local unit.

 Check here if disclosure is provided in electronic form.

Contributor Name Recipient Name Date Dollar


Amount
$

Check here if the information is continued

37

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