CITY OF PERTH AMBOY REQUEST FOR PROPOSALS FOR EMERGENCY MEDICAL SERVICES / BASIC LIFE SUPPORT AMBULANCE SERVICES AND LEASE OF GARAGE AND OFFICE SPACE

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1 CITY OF PERTH AMBOY REQUEST FOR PROPOSALS FOR EMERGENCY MEDICAL SERVICES / BASIC LIFE SUPPORT AMBULANCE SERVICES AND LEASE OF GARAGE AND OFFICE SPACE CONTRACT TERM FIVE (5) YEARS SUBMISSION DEADLINE May 20 th, :30 AM ADDRESS ALL PROPOSALS TO: DIVISION OF PURCHASING CITY HALL, 260 HIGH STREET PERTH AMBOY, NEW JERSEY ATTN: GARY A. MUSKA, PURCHASING AGENT

2 REQUESTS FOR PROPOSALS NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Perth Amboy, County of Middlesex, State of New Jersey on May 20, 2014 at 10:30 am prevailing time in the Purchasing Office, City Hall, 260 High Street, Perth Amboy, New Jersey, for: EMERGENCY MEDICAL SERVICE/BASIC LIFE SUPPORT AMBULANCE SERVICES AND LEASE OF GARAGE AND OFFICE SPACE Requests for Proposals may be obtained at the Purchasing Office, 260 High Street, Perth Amboy, NJ during regular business hours 8:00 am 4:00 pm. Requests for Proposals can also be downloaded from the City s Web Site: Proposals are required to comply with the requirements of P.L. 1975, c.127 (N.J.A.C. 17:27 et seq. City of Perth Amboy Gary A. Muska, QPA, RPPO Purchasing Agent

3 CITY OF PERTH AMBOY Criteria for Submission of Proposals for EMERGENCY MEDICAL SERVICES / BASIC LIFE SUPPORT AMBULANCE SERVICES AND LEASE OF GARAGE AND OFFICE SPACE For a Five-Year Term NOTICE IS HEREBY GIVEN that the City of Perth Amboy seeks requests for proposals, pursuant to the competitive contracting procedure of the New Jersey Local Public Contracts Law, N.J.S.A. 40A: for: A five (5) year contract to provide Emergency Medical Services (EMS) and Basic Life Support (BLS) Ambulance Services and Lease of Garage and Office Space within the City of Perth Amboy to begin on or about September 1, 2014 and to expire on August 31, Contractor will be recognized as the designated contractor for providing Emergency Medical Service and Basic Life Support Ambulance Services to the City at all times during the term of this agreement. Lease of garage and office space in the City of Perth Amboy Fire Department Headquarters, 375 New Brunswick Avenue, Perth Amboy, New Jersey to house and operate the ambulances in connection with the five (5) year contract to provide EMS and BLS Ambulance Service. The garage space consists of One (1) entire bay measuring approximately 1300 square feet for the storage of up to three (3) ambulances and equipment. The office space used by EMT shown on the attached floor plan as instruction preparation room number 1-126, measures approximately 95 square feet. MINIMUM QUALIFICATIONS: Fully licensed to operate a Basic Life Support ambulance service in the State of New Jersey in accordance with N.J.A.C. 8:40-2.1, et seq. and other applicable laws and regulations. All ambulances dispatched for service within the City must meet the requirements of all applicable Federal, State and local laws, regulations and licensure standards. Each ambulance must be staffed by two (2) Emergency Medical Technicians (EMT). certified by the New Jersey Department of Health and Senior Services in accordance with N.J.A.C. 8:41A and all other applicable State and Federal laws and regulations. CRITERIA TO BE USED TO EVALUATE PROPOSALS The following criteria will be taken into consideration and weighed by the City of Perth Amboy as the basis of an award of a contract that is most advantageous to the City: 1. Financial proposal and its advantage to the City 2. Experience and performance history

4 3. Physical proximity to Perth Amboy and response time to emergency calls 4. Availability of qualified personnel, facilities, equipment and resources, including: PROPOSALS a. Ability to maintain at least one (1) primary ambulance in a ready state to immediately respond to emergency medical service calls received by the City. (Ambulances & EMT s shall have radio communications with the Perth Amboy dispatch/communication center.) b. Ability and willingness to employ and provide Emergency Medical Technicians with at least two (2) years of Emergency Response experience as defined in N.J.A.C. 8: c. Ability to provide secondary ambulance service to handle additional emergency calls when the primary ambulance is already in service in Perth Amboy. d. Ability to provide additional BLS Ambulance Service at working structure fires and community events when requested by the City Submit a proposal addressing the Minimum Qualifications and Criteria listed above, including all documentation that shall include, at a MINIMUM, the following: 1. Provide full name and business address; 2. Confirmation of State of New Jersey licensure as a BLS operator; 3. Fully describe the Applicant's experience in Basic Life Service Transport and Emergency Medical Services; 4. Provide the number of Emergency Medical Technicians employed by the Applicant, their qualifications and their years of experiences and the staffing that would be dedicated to this contract; 5. Describe the Applicant s physical location and the proximity of the dedicated ambulances to the City of Perth Amboy; 6. Fully describe the Applicant's ability to perform the tasks in a timely fashion, specifically including: a. number of ambulances dedicated to the City of Perth Amboy; b. response time to Perth Amboy calls; c. dispatch procedures 7. Provide references in general and in particular from entities where the Applicant has provided similar services as sought by City of Perth Amboy. 8. Provide a full financial proposal under which the Applicant will perform the contracted services; 9. Describe the manner in which the services will be billed and collected; 10. Provide a copy of your Business Registration Certificate;

5 11. Provide a copy of the Mandatory Affirmative Action Language and a copy of your Certificate of Employee Information Report. 12. Financial Proposal for EMS Service and Lease for Garage and Office Space. Submit one copy of all materials in a sealed envelope with the name EMERGENCY MEDICAL SERVICES/BLS and the word CONFIDENTIAL clearly marked on the outside of the envelope and addressed to: Gary A. Muska, Division of Purchasing, City of Perth Amboy, 260 High Street, Perth Amboy, New Jersey to be received no later than May 20 th, 2014 by 10:30 am. The City of Perth Amboy seeks to award a contract to the Applicant whose proposal best meets the needs and interests of the City. The City reserves the right to elect to not award any contract. Contracts are subject to additional requirements, and any other applicable laws including, but not limited to the Local Public Contracts Law.

6 STATUTORY AND OTHER REQUIREMENTS INSURANCE AND INDEMNIFICATION INSURANCE REQUIREMENTS 1. Worker's Compensation Insurance Workers Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12: General Liability Insurance The Contractor shall furnish evidence to the City prior to the work he/she performs and will provide Standard Contractor s Liability for any operations to be performed by contractor or subcontractors as follows: General liability insurance shall be provided with limits of not less than $1,000,000 for any occurrence and $1,000,000 aggregate for bodily injury and property damage, coverage shall be maintained in full force during the life of the contract. 3. Automotive liability insurance covering Contractor for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000 for any one occurrence and $1,000,000 aggregate for bodily injury and property damage, coverage shall be maintained in full force during the life of the contract. 4. Other Forms of Insurance Required a. Excess Liability $1,000,000 each occurrence, $1,000,000 aggregate CERTIFICATES OF THE REQUIRED INSURANCE Certificates of Insurance for those policies required shall be submitted with the contract. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the City as an additional insured. Self-insured Contractors shall submit an affidavit attesting to their self-insured coverage and shall name the City as an additional insured. INDEMNIFICATION The Contractor shall indemnify, defend, and save harmless the City, at the contractors own cost and expense, from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against him, by reason of any act or omission of the said Contractor, his agents or employees, in the delivery of goods, execution of the work, or in the guarding of it. The Contractor shall, and is hereby authorized to, obtain and pay for such insurance, naming as one of the assured, the City of Perth Amboy, as will protect the City from it s contingent liability under this contract, and the City s right to enforce against the Contractor any provision of this article shall be contingent upon full compliance by the City with the terms of such insurance policy or policies, a copy of which shall be deposited with the City.

7 PROOF OF BUSINESS REGISTRATION N.J.S.A. 52:32-44 requires that each bidder (Contractor) submit proof of business registration with the bid proposal. Proof of registration shall be a copy of the bidder s Business Registration Certificate (BRC). A BRC is obtained from the New Jersey Division of Revenue. Information on obtaining a BRC is available on the internet at or by phone at (609) 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: The Contractor shall provide written notice to its subcontractors and suppliers to submit proof of business registration to the Contractor; Prior to receipt of final payment from a contracting agency, a Contractor must submit to the contacting agency an accurate list of all subcontractors or attest that none was used; 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)

8 MANDATORY AFFIRMATIVE ACTION LANGUAGE P.L. 1975, C.127 (N.J.A.C. 17:27) 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, sex, affectional or sexual orientation. The Contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action 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, sex, affectional or sexual orientation. The Contractor or Subcontractor where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers; representative of the Contractor s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor or Subcontractor, where applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and Americans with Disabilities Act. The Contractor or Subcontractor agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed by N.J.A.C. 17: promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time or in accordance with a binding determined by the Affirmative Action Office pursuant to N.J.A.C. 17: promulgated by the Treasurer pursuant to P.L. 1975, c 127, as amended and supplemented from time to time. The Contractor or Subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, 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 statues and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

9 The Contractor or Subcontractor agrees to review all procedures relating to transfer, upgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statues and court decisions of the State of New Jersey, and applicable federal law and applicable Federal court decisions. The Contractor and its Subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office form 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 Affirmative Action Office for conducting a compliance investigation to Subchapter 10 of the Administrative Code (NAACO 17:27).

10 STANDARD BID DOCUMENT REFERENCE Reference: VII-A Name of Form: Statutory Reference: Instructions Reference: Description: AFFIRMATIVE ACTION COMPLIANCE NOTICE N.J.S.A. 10:5-31 (P.L 1975, c.127) and N.J.A.C 17:27-1 et seq. Statutory and Other Requirements VII-A-1 To assure vendor compliance with State affirmative action requirements. Each 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: 1. A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); or 2. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; or 3. A photocopy of an Employee Information Report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4. This form provides the bidder guidance on the requirements. It is advisory in nature only and is a non-mandatory, waiveable form. For information on the requirements of the Affirmative Action Law, contact: Division of Contract Compliance & Equal Employment Opportunity in Public Contracting Department of the Treasury State of New Jersey P.O. Box 209 Trenton, NJ Agency website:

11 AFFIRMATIVE ACTION COMPLIANCE NOTICE N.J.S.A. 10:5-31 and N.J.A.C. 17:27 GOODS AND SERVICES CONTRACTS (INCLUDING PROFESSIONAL SERVICES) This form is a summary of the successful bidder s requirement to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 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: (a) A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); OR (b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; OR (c) A photocopy of an Employee Information Report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4. The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the contracting unit during normal business hours. The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public agency, and the vendor copy is retained by the vendor. The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.1 et seq. and agrees to furnish the required forms of evidence. The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq. Company: Signature: Print Name: Title: Date:

12 NON-COLLUSION AFFIDAVIT State of County of I, residing in 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 the proposer making this Proposal entitled, and that I executed the said proposal with full authority to do so that said proposer has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of fair and open competition in connection with the above name project; and that all statements contained in the said proposal and in this affidavit are true and correct, and made with full knowledge that the City of Perth Amboy relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by. Subscribed and sworn to before me this day 20 (Type or print name of affiant under signature) Notary Public of My Commission expires 20

13 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 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 take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates 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, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the 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 employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. l7:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17: The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression,

14 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 applicable 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, 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 The contractor and its subcontractors shall furnish such reports or other documents to the Div. of Contract Compliance & EEO 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 Div. of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

15 APPENDIX A AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the of, (hereafter owner ) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S 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.

16 CITY OF PERTH AMBOY PROFESSIONAL BUSINESS ENTITY CERTIFICATION COMPLIANCE WITH CITY S CODE OF PUBLIC CONTRACTING ORDINANCE Name of Professional Business Entity Contractor Address I, full of age, certify as follows: 1. I am an authorized representative of the above named Professional Business Entity. 2. I have read the attached Perth Amboy City Ordinance An Ordinance limiting Contributions by Public Contractors. 3. I have read and understand the definition of Professional Business Entity as set forth in paragraph 1(c) of said ordinance. 4. Pursuant to section 2 of the ordinance, I hereby certify under penalty of perjury that the above named Professional Business Entity has not made a contribution in violation of the ordinance. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subjects to punishment. Signature Type or Print Name Title Date

17 ARTICLE I Contributions by Public Contractors [Amended by Ord. No ] Prohibition on awarding public contracts to certain contributors. A. To the extent that it is not inconsistent with state or federal law, the City of Perth Amboy and any of its purchasing agents or departments or instrumentalities of the municipality thereof, as the case may be, shall not enter into any agreement or otherwise contract to procure services from any professional business entity, including those awarded pursuant to any process including a fair and open process, if such professional business entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to (i) a campaign committee of any Perth Amboy municipal candidate or holder of public office having ultimate responsibility for the award of a contract, or (ii) to any City of Perth Amboy or Middlesex County party committee, or (iii) to any political action committee (PAC) that regularly engages in the support of Perth Amboy or Middlesex County elections and/or municipal or county parties, in excess of the thresholds specified in subsection (d) within one (1) calendar year immediately preceding the date of the contract or agreement. A business entity that is awarded a contract by the city may not make any such contribution during the term of the contract and for twelve calendar months thereafter. B. No professional business entity or vendor who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement (including non-emergency contracts awarded by N.J.S.A. 40A:11 et seq. or the "Fair and Open" Process pursuant to N.J.S.A. 19:44A-20 et seq.) with the municipality or any departments thereof, for the rendition of professional services, or goods and services, as the case may be, shall knowingly solicit or make any contribution of money, pledge of contribution, including inkind contributions, to: (i) any Perth Amboy candidate or holder of public office having ultimate responsibility for the award of a contract, or (ii) to any City of Perth Amboy or Middlesex County party committee, or (iii) to any PAC that regularly engages in the support of Perth Amboy or Middlesex County elections and/or municipal or County parties, between the time of first communication between that professional business entity or vendor and the municipality regarding a specific professional services agreement or goods and services agreement, as the case may be, and the later of the termination of negotiations or rejection of any proposal, or the completion of the contract or agreement. C. For purposes of this Article, a "professional business entity" and a "vendor" seeking a public contract means an individual including the individual's spouse, if any, and any child living at home; person; firm; corporation; professional corporation; partnership; organization; or association. The definition of a business entity and vendor includes all principals who own ten percent (10%) or more of the equity in the corporation or business trust, partners, and officers (in the aggregate) employed by the entity or vendor, as well as any subsidiaries directly controlled by the business entity or vendor. D. Any individual meeting the definition of "professional business entity" or "vendor" under this section may annually contribute a maximum of three hundred dollars ($300.) each for any purpose to any candidate for mayor or governing body, or three hundred dollars ($300.) to the City of Perth Amboy party or five hundred dollars ($500.) to the Middlesex County party committee or to a PAC referenced in this ordinance, without violating subsection (a) of this section. However, any group of individuals meeting the definition of "professional business entity" or "vendor" under this section, including such principals, partners, and officers of the entity or vendor in the aggregate, may not annually contribute for any purpose in excess of two thousand five hundred dollars ($2,500.) to all City of

18 Perth Amboy candidates and officeholders with ultimate responsibility for the award of the contract, and all City of Perth Amboy or Middlesex County political parties and PACs referenced in this ordinance combined, without violating Subsection A. of this section. E. For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be: (1) The Mayor or Governing Body of Perth Amboy, if the contract requires approval or appropriation from the Mayor or Governing Body. (2) The Mayor of the City of Perth Amboy, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of a contract is appointed by the Mayor Contributions made prior to the effective date of this Article. No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity or vendor to any City of Perth Amboy candidate for Mayor or Governing Body, or City of Perth Amboy or Middlesex County party committee or PAC referenced in this Article shall be deemed a violation of this Article, nor shall an agreement for property, goods, or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the professional business entity or vendor prior to the effective date of this Article. 1 1 Editor's Note: This Article was originally adopted June 25, 2008 as Ordinance No and was amended in its entirety September 23, 2009 by Ord. No Contribution statement by professional business entity and vendor. A. Prior to awarding any contract or agreement to procure services with any professional business entity and any contract or agreement to procure goods and services from a vendor with a value of seventeen thousand five hundred dollars ($17,500.) or more, the City of Perth Amboy or its purchasing agents and departments, as the case may be, shall receive a sworn statement from the professional business entity or vendor, made under penalty of perjury, that the bidder or offer or has not made a contribution in violation of Section 98-1 of this Article. B. The professional business entity and vendor shall have a continuing duty to report any violations of this Article that may occur during the negotiation, proposal process or duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the City of Perth Amboy, or prior to the provision of services or goods, as the case may be, and shall be in addition to any other certifications that may be required by any other provision of law Return of excess contributions. A professional business entity, vendor, or municipal candidate or officeholder, or City of Perth Amboy or Middlesex County party committee or PAC referenced in this Article, may cure a violation of Section 98-1 of this Article, if, within 30 days after the date on which the applicable ELEC Report is published, the professional business entity or vendor notifies the municipality in writing and seeks and receives reimbursement of the contribution from the relevant municipal candidate or officeholder, City of Perth Amboy or Middlesex County political party or PAC referenced in this Article.

19 98-5. Exemptions. The contribution limitations prior to entering into a contract in Section 98-1A do not apply to contracts which are required by law to be awarded to the lowest bidder Breach and penalty. A. It shall be a breach of the terms of the City of Perth Amboy professional service agreement or agreement for goods or services for a business entity to: (i) make or solicit a contribution in violation of this Article; (ii) knowingly conceal or misrepresent a contribution given or received; (iii) make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee of any candidate or holder of the public office of City of Perth Amboy; (v) engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the business entity itself, would subject that entity to the restrictions of this ordinance; (vi) fund contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engage in any exchange of contributions to circumvent the intent of this Article; or (viii) directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this ordinance. The city may exercise any and all rights and remedies available to it under the agreement and at law in the event of breach. B. Furthermore, any professional business entity who violates Section 98-6A (ii vii) shall be disqualified from eligibility for future City of Perth Amboy contracts for a period of four (4) calendar years from the date of the violation Reserved

20 STATE OF NEW JERSEY DIVISION OF PURCHASE AND PROPERTY DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN Solicitation Number: Bidder/Proposer: 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 entity's parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the New Jersey 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, s/he 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 the person or entity listed above for which I am authorized to submit a proposal: is not providing goods or services of $20,000,000 or more in the energy sector of Iran, including a person or entity that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran, AND is not a financial institution that extends $20,000,000 or more in credit to another person or entity, for 45 days or more, if that person or entity will use the credit to provide goods or services in the energy sector in Iran. 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 and Property under penalty of perjury. Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law. PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide a detailed, accurate and precise description of the activities of the proposer, 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 Proposer: Description of Activities: Duration of Engagement: Anticipated Cessation Date: Proposer 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 the State of New Jersey 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 State to notify the State 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 State of New Jersey and that the State at its option may declare any contract(s) resulting from this certification void and unenforceable.

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