How To Get A Contract From The Borough Of Sayreville

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1 Borough of Sayreville 167 Main St. Sayreville, NJ REQUEST FOR PROPOSAL FOR Electronic Ticketing System MAYOR KENNEDY O BRIEN COUNCIL PERSONS LISA EICHER, COUNCIL PRESIDENT FRANK J. BELLA DANIEL BUCHANAN WILLIAM J. HENRY MARY J. NOVAK NICHOLAS J. PERRETTE DANIEL FRANKEL, BUSINESS ADMINISTRATOR THERESA A. FARBANIEC, RMC, MUNICIPAL CLERK 2012 Bidder Address Bid Due:

2 Borough of Sayreville Notice of RFP 2012 Electronic Ticketing System The Borough of Sayreville is soliciting Requests for Proposals, through a competitive, fair and open process for qualifications and proposals for the provision of an Electronic Ticketing System. All Proposers must comply with Borough of Sayreville General Code 2-54A, Regulations on Contributions, a copy of which shall be provided in the qualification packet that can be obtained at the Borough Clerk s Office and on the Borough s website at Sayreville.com. Sealed Proposals must be submitted to the Clerk s Office of the Borough of Sayreville, in the County of Middlesex, State of New Jersey, located at 167 Main Street, Sayreville, NJ no later than 12:00 PM on October 11, Copies of the Request for Proposal Documents may be obtained through the Borough website at Sayreville.com for no charge or during regular business hours from the Municipal Clerks Office, 167 Main Street, Sayreville, New Jersey, for a non-refundable fee of $ By Order of the Mayor and Council of the Borough of Sayreville, County if Middlesex, and State of New Jersey. Theresa A. Farbaniec, R.M.C. Municipal Clerk Borough of Sayreville

3 General Payment: Payment will be made within 30 days of submission of an invoice for the actual quantities of service provided accompanied by a municipal payment voucher upon completion of the work, based on the unit price bid in the proposal, which price shall include the cost of labor, all tools, equipment and materials, signage, and all else necessary therefore and incidental thereto. Regulatory requirements: The vendor must have and supply with the proposal a current New Jersey Business Registration Certificate issued by the New Jersey Treasury Department. See The vendor must comply with State of New Jersey Affirmative Action requirements in N.J.S.A. 10:5 et seq (P.L. 1975, C.127) and N.J.A.C. 17:27 (see attached language). Term of contract: The contract(s) awarded pursuant to this RFP will be for a five-year term beginning approximately November 1, 2012, and ending 60 months thereafter. Insurance: The Contractor shall maintain the following insurance coverage in companies acceptable to the Borough of Sayreville, which will protect him from claims for damages which may arise from operations under this Contract whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them: Workers Compensation -- statutory limit; an Employer's Liability Insurance limit of not less than $1,000, The policy to include a provision that the insurer agrees to waive all rights of subrogation against the Borough of Sayreville, its employees or agents; Comprehensive automobile liability coverage for protection against all claims for injury to any and all persons and damage to property of others arising from the use of each automobile, truck, vehicle, or other equipment used in the performance of the within Contract. The liability limits shall not be less than the following: 1) Bodily Injury -- $1,000, Per Person; 2) Property Damage - $1,000, Each Occurrence; or 3) A Combined Single Limit of $1,000, Comprehensive General Liability (Occurrence Form) Coverage for protection against all claims arising from injuries to any or all persons (including death resulting (there from) and damage to property (including loss of use thereof) arising out of any act or omission of the Contractor, his agents and employees. The limits of liability shall not be less than $1,000,000 each occurrence and aggregate where applicable. All of the aforementioned policies with the exception of Workers Compensation shall name Borough as an additional insured and copies of such policies or certificates of insurance shall be delivered to the Borough as a pre-condition to commencement of the furnishing of work, labor or services hereunder.

4 Borough of Sayreville Request for Proposals 2012 Electronic Ticketing System Technical Specifications Total initial number of vehicles in the Sayreville Police Department to be equipped with e-ticketing will be thirty two (32) vehicles. The Sayreville Police Department expects to write approximately 19,000 tickets annually using this system. This information is being provided to help interested vendors in pricing a proposed system, but shall not be considered as a guaranteed number of tickets. A copy of these technical specifications shall be included as part of the proposal package, indicating in the blank for each item below either Yes or No that the item is understood and that the proposal complies with the item. Include a written explanation for all items indicated as not being in compliance. 1. Vendor s proposed eticketing system must be approved by the New Jersey Administrative Office of the Courts (AOC), and conform to all the requirements established in the eticketing Client Application Implementation Guide published by New Jersey Office of Administrative Court (AOC). 2. AOC approval must be documented as part of the proposal package. 3. Vendor s proposed eticketing system must be installed with at least three (3) verifiable agencies within the State of New Jersey and operation for at least six (6) months as of the date of this proposal. 4. A complete list of New Jersey installations of this system shall be provided as part of this proposal package. 5. Complete references for at least three (3) of these installations in New Jersey and meeting the time requirement given above, with organization name, contact name, address and telephone number, shall be included as part of the proposal packet. 6. Vendor shall enclose with the proposal packet technical data on all hardware and software being proposed for this installation. 7. Vendor-proposed eticketing system must operate on a mobile computer and pda s with Microsoft.Net, Java architecture or web browser based. Mobile computers shall be provided by the Borough. 8. Vendor shall be responsible for making the proposed system functional on the existing computers. 9. Vendor-proposed eticketing system must be able to perform an auto-populate from DMV lookup from existing Info-Cop software.

5 10. eticketing system must capture officer notes in ETicketing application and officer must be able to retrieve the notes through a web browser based application along with images of the electronic tickets. 11. Vendor-proposed eticketing solution must not require the Sayreville Police Department to install or maintain any addition internal network server infrastructure. 12. Vendor-proposed eticketing solution must be able to share data with other police agencies on the same system. 13. Vendor-proposed eticketing system must provide detailed statistical reporting of all etickets issued. Reporting statistics must be provided through Microsoft Excel with associated graphs and charts. Reports must be customizable to needs of the Sayreville Police Department. 14. Vendor-proposed eticketing system data must be able to be exported daily issued ticket data in CSV or XML format manually and through a web service. 15. Vendor will be responsible to provide a turnkey solution onsite to the Sayreville Police Department, including all hardware, printers, software, paper, supplies, installation, and training, as necessary for complete operation of the system, for the contracted period at no additional cost. 16. Vendor will be responsible to provide all onsite warranty 24x7x365 days a year with a 4 hour response time for proposed eticketing solution for the contracted period at no additional cost. 17. Police vehicle installed printers must be with an automatic paper cutter and paper rolls must be able to print at a minimum of 200 continuous tickets per roll. Installed vehicle printers must be installed with an approved mount supplied and installed onsite by the vendor at no additional cost to the Sayreville Police Department. Repairs and warranty for all printers will be the responsibility of the vendor at no addition cost. 18. Vendor shall complete installation of all hardware and software within forty-five (45) days of the notice of award. 19. Pricing for the system shall be a combination of an up-front charge at the time of installation plus a per ticket charge based on actual tickets issued. 20. The Borough expects approximately half of the total five-year cost of the system to be paid up front, with the rest to be paid on the per ticket charges over the five years. 21. Vendor should offer flexible pricing options (preferably no fewer than three), dividing the costs between the up front and per ticket charges, in order to allow the Borough to meet its budgetary limitations. These options should be spelled out in the proposal. 22. Contracted up-front charge shall be payable upon acceptance of the installed system 23. Per ticket charges shall be billed quarterly

6 Borough of Sayreville Request for Proposals 2012 Electronic Ticketing System Contents of Proposal A. Signed proposal Price Summary (attached) including: a. Proposed prices b. Name and address of company, and contact information for company representative. B. Technical specifications, indicating line-by-line compliance or non-compliance C. Documentation of AOC approval of the system D. References as indicated in the technical specifications. E. Technical data on hardware and software F. Copy of current NJ Business Registration Certificate G. Respondent Identification Form (enclosed form A-1) H. Documentation of compliance State Affirmative Action compliance (Optional with proposal; MUST be submitted within three days of notice of award, enclosed form A-2) I. Intent to comply with Americans with Disability Act of 1990 (enclosed form A-3) J. Business Entity Disclosure Certification (enclosed form A-4) K. Signed Non-collusion Affidavit (enclosed form A-5) L. Itemization of any terms, conditions, limitations or exceptions to the above-stated requirements under which the work will be undertaken, if any. Basis of Award The Borough expects to award this contract to the vendor proposing the system that best meets the operational and budgetary requirements of the Sayreville Police Department. The Borough reserves the right to: a) waive requirements at its discretion; or b) not to award contracts for this work

7 Borough of Sayreville Request for Proposals 2012 Electronic Ticketing System Proposal Price Summary We, the undersigned company, agree to furnish to the Borough of Sayreville, County of Passaic, New Jersey, an eticketing system for the Sayreville Police Department for the prices as indicated below under different pricing options: Option 1 Option 2 Option 3 Upfront cost: Per ticket cost for 1 st tickets/year $ $ $ $ $ $ Per ticket cost for excess tickets $ $ $ If a wider range of pricing options is available, please indicate here and attach: In addition, the undersigned has read the technical specifications which are attached and made a part hereof, and agrees to furnish such service in the manner as indicated in the technical specifications. If any exceptions are taken to any of the specifications, please indicate here and include a complete written explanation: Authorized Signature of Bidder: Name of Signatory: Title: Name of Bidder: Address: Address: Federal EIN Date:

8 A-1 Borough of Sayreville Request for Proposals 2012 Electronic Ticketing System RESPONDENT IDENTIFICATION FORM AN INDIVIDUAL By: D/B/A: Address: (SEAL) Phone: Fax: Website: A PARTNERSHIP Facility Name: General Partners: Address: (SEAL) Phone: Fax: Website: A CORPORATION Corporate Name: State of Incorporation: Authorized Agent: Attest: Address: (SEAL) Phone: Fax: Website:

9 A-2 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:

10 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, affection 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, 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

11 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.

12 A-3 AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The federal Americans with Disabilities Act of 1990 requires bid specifications and contracts to contain language that prohibits discrimination on the basis of disability by public entities in all services, programs and activities provided or made available by public entities. Please indicate your intent to comply with the following provisions if your facility is selected to provide services to the Borough of Sayreville by signing below: The contractor and the Borough of Sayreville, New Jersey (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. NAME OF PROPOSER SIGNATURE: TITLE: DATE:

13 A-4 Borough of Sayreville Request for Proposals 2012 Electronic Ticketing System BUSINESS ENTITY DISCLOSURE CERTIFICATION BOROUGH OF SAYREVILLE, MIDDLESEX COUNTY, NEW JERSEY Part I Vendor Affirmation The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that <name of business entity> has not made, in the one year period preceding January 1, 2012, and will not make any contributions in violation of Section 2-54A of the Sayreville General Revised Code that would bar the award of this contract to any of the following named candidate committees; joint candidates committees; or political party committees representing the elected officials of the Borough of Sayreville, New Jersey, or to any Middlesex County party committee or any political action committee that is organized for the purpose of promoting or supporting Borough municipal candidates or municipal officeholder, as set forth in Section 2-54A of the Sayreville General Revised Code: Kennedy O Brien, Mayor Frank J. Bella, Councilman Daniel Buchanan, Councilman Middlesex County Republican Organization Lisa Eicher, Councilwoman Middlesex County Democratic Organization William Henry, Councilman Sayreville Democratic Municipal Committee Nicholas J. Perrette, Councilman Sayreville Republican Municipal Committee Mary Novak, Councilwoman Any other committees, whether or not named above, as may be prohibited by Section 2-54A of the Sayreville General Revised Code Part II Ownership Disclosure Certification I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued and outstanding stock of the undersigned, and the names and home addresses of all directors and officers of the business entity. Check the box that represents the type of business entity: Partnership Corporation Sole Proprietorship Subchapter S Corporation Limited Partnership Limited Liability Corporation Limited Liability Partnership Name of Stockholder/Director/Officer Home Address

14 Part III Signature and Attestation: The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I and/or the business entity, will be liable for any penalty permitted under law. Name of Business Entity: Signature of Affiant: Title: Printed Name of Affiant : Date: Subscribed and sworn before me this day of, 2. My Commission expires: (Witnessed or attested by) (Seal)

15 2-54A REGULATIONS ON CONTRIBUTIONS.* 2-54A.1 Prohibition on Awarding Public Contracts to Certain Contributors. a. To the extent that it is not inconsistent with State or Federal law, the Borough of Sayreville (the "Borough") and any of its purchasing agents, departments, and instrumentalities as the case may be, shall not enter into any agreement or otherwise contract to procure services from any professional business entity or procure services or goods from any vendor, if such professional business entity or vendor has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to: (1) a campaign committee of any Borough candidate or holder of public office having ultimate responsibility for the award of a contract; (2) to any Borough or Middlesex County party committee; or (3) to any political action committee (PAC) that is organized for the purpose of promoting or supporting Borough municipal candidates or municipal officeholders, in excess of the thresholds specified in paragraph d. of this subsection within one (1) calendar year immediately preceding the date of the contract or agreement. b. No professional business entity or vendor who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the Borough 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 in-kind contributions, to: (1) any Borough candidate or holder of public office having ultimate responsibility for the award of a contract; or (2) to any Borough or Middlesex County party committee; or (3) to any PAC that is organized for the purpose of promoting or supporting Borough municipal candidates or municipal officeholders, between the time of first communication between that professional business entity or vendor and the Borough 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. 1. For the purposes of this section, a professional business entity shall also include any contractor and/or redeveloper as that term is defined under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., that seeks to enter into any contract whatsoever with the Borough of Sayreville or any entity, agency or public authority created by the Borough of Sayreville under the laws of the State of New Jersey as may be revised and amended. The proscriptions set forth hereunder shall also apply to any professional, consultant or lobbyist contracted and/or employed by any contractor and/or redeveloper, for the purpose of rendering and/or performing any services, or providing any goods that may arise under any aspect of a contract and/or redevelopment agreement, including any lobbying of government officials that may precede or arise from any contract or redevelopment agreement and/or any anticipated contract or redevelopment agreement as set forth in subsection 2-54A.8 of this section. No professional business entity as defined in this subsection shall make any contribution in contravention of this section between the time that the property that is the subject of the redevelopment project has been included in a memorializing resolution adopted by the Borough of Sayreville directing the Planning Board to conduct a preliminary investigation to determine if the site is in need of redevelopment in accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., and the date of entering the redevelopment agreement, or the twelve (12) months prior to entering into the redevelopment agreement, whichever period is shorter. c. For purposes of this section, 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 (10%) percent 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.

16 d. Any individual meeting the definition of "professional business entity" or "vendor" under this section may annually contribute a maximum of four hundred ($400.00) dollars each for any purpose to any candidate, for mayor or council, or five hundred ($500.00) dollars to the Sayreville Borough or Middlesex County party committee or to a PAC referenced in this section, without violating paragraph a. of this subsection. 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 ($2,500.00) dollars to all Sayreville Borough candidates and officeholders with ultimate responsibility for the award of the contract, and all Sayreville Borough or Middlesex County political parties and PACs referenced in this section combined, without violating paragraph a. of this subsection. e. For purposes of this section, all prohibitions and limitations on contributions to a "Borough candidate or holder of public office having ultimate responsibility for the award of a contract" shall be applicable, in the case of dual office holding, to contributions to or for the benefit of the dual officeholder regardless of office. f. For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be: 1. The Borough of Sayreville Council, if the contract requires approval or appropriation from the Council; 2. The Mayor of the Borough of Sayreville, 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. (Ord , S 1) 2-54A.2 Contributions Made Prior to the Effective Date. No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity or vendor to any Sayreville Borough candidate for Mayor or Council, or Sayreville Borough or Middlesex County party committee or PAC referenced in this section shall be deemed a violation of this section, 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 the ordinance codified in this section. (Ord , S 2) 2-54A.3 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, the Borough 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 professional business entity or vendor has not made a contribution in violation of subsection 2-54A.1 of this section. b. The professional business entity and vendor shall have a continuing duty to report any violations of this section 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 Borough of Sayreville, 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. (Ord , S 3) 2-54A.4 Return of Excess Contributions--Professional Business Entity, Vendor, Borough Candidate or PAC. A professional business entity, vendor, or Borough candidate or officeholder, or Borough or Middlesex County party committee or PAC referenced in this section, may cure a violation of subsection 2-54A.1 of this section, if, within thirty (30) days after a cited violation hereunder, the professional business entity or vendor notifies the Borough Council in writing and seeks and receives reimbursement of the contribution from the relevant Borough candidate or officeholder, Borough or Middlesex County political party or PAC referenced in this section.

17 (Ord , S 4) 2-54A.5 Limitation on Employee Contributions. a. To the extent that it is not inconsistent with State or Federal law, no Borough employee shall knowingly solicit or make any contribution of money, pledge of contribution, including in-kind contributions, to: (1) any Borough candidate or holder of public office; (2) to any Borough or Middlesex County party committee; or (3) to any PAC that is organized for the purpose of promoting or supporting Borough municipal candidates or municipal officeholders, in excess of the thresholds specified in subsection 2-54A.1.d. of this section. (Ord , S 5) 2-54A.6 Disclosure Required on Major Subdivision and Site Plan Applications. At the time of filing an application for major subdivision and site plan approval, all applicants therefore shall also file with the Borough of Sayreville Zoning Board of Adjustment or Planning Board, as the case may be, a disclosure under penalty of perjury, setting forth the amounts of all contributions to: (a) any Borough candidate or holder of public office; (b) to any Borough or Middlesex County party committee; or (c) to any PAC referenced in this section, made by such applicant within two (2) calendar years of the date of such application. (Ord , S 6) 2-54A.7 Penalty. a. All Sayreville Borough professional service agreements, vendor contracts or other contracts and/or agreements of any nature whatsoever, including all redevelopment agreements, shall provide that it shall be a breach of the terms of the government contract for a professional business entity or vendor to violate subsection 2-54A.1 of this section or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution. b. Any professional business entity or vendor as defined in subsection 2-54A.1 of this section who knowingly fails to reveal a contribution made in violation of this section, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Sayreville Borough contracts, agreements, or provisions of goods and services, for a period of four (4) calendar years from the date of the violation. (Ord , S 7) 2-54A.8 Contribution Restrictions and Disclosure Requirement Applicability to Consultants. a. The contribution and disclosure requirements in this section shall apply to all professional business entities as well as professionals, consultants or lobbyists contracted or employed by the business entity ultimately designated as the redeveloper to provide services related to the: 1. Lobbying of government officials in connection with the examination of an area and its designation as an area in need of redevelopment or in connection with the preparation, consultation and adoption of the redevelopment plan or any other Borough public contract; 2. Obtaining the designation or appointment as redeveloper or any other contractor or vendor; 3. Negotiating the terms of any contract and/or redevelopment agreement or any amendments or modifications thereto; and/or 4. Performing the terms of any contract and/or any redevelopment agreement. b. It shall be a breach of the consultant's contract, and shall require immediate termination, for a consultant to violate the contribution limits and/or disclosure requirements in this section. c. A professional business entity that participates in, or facilitates, the circumvention of the contribution restrictions through consultants or professionals shall be deemed to be in breach. (Ord , S 8)

18 2-54A.10 Return of Excess Contributions--Redeveloper, Municipal Candidate or PAC. a. A redeveloper or municipal candidate or officeholder or municipal or County party committee or PAC referenced in this section may cure a violation of subsection 2-54A.1 of this section and deemed not to be in breach, if within thirty (30) days of filing the applicable New Jersey Election Law Enforcement Commission (ELEC) report, the redeveloper notifies the Municipal Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or municipal or county political party or PAC referenced in this section. b. Furthermore, any professional business entity, including a redeveloper that violates any proscription set forth hereunder shall be disqualified from eligibility for future Borough of Sayreville redevelopment agreements for a period of four (4) calendar years from the date of the violation. (Ord , S 10) 2-54A.11 Severability. If any provision of this section, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this section to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this section are severable. (Ord , S 11) * Prior ordinance history: Ordinance

19 A-5 Borough of Sayreville Request for Qualifications/Proposal 2012 Electronic Ticketing System Non-Collusion Affidavit NOTE: THIS CORPORATION OR PARTNERSHIP STATEMENT IS MADE A PART OF THE CONTRACT AND MUST BE RETURNED WITH BID. STATE OF } } ss: COUNTY OF } 1. of the Borough of in the County of and the State of being of full age, and duly sworn according to law on my oath depose and say that: I am of the firm of the bidder making the Proposal for the above named project, and that I executed the said Proposal with full authority so to do; that said bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above project; and that all statements contained in said Proposal and in this affidavit are true and correct, and made with full knowledge that the Borough of Sayreville 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 (Name of Contractor) in accordance with N.J.S.A. 52: Sworn and subscribed to before me this day of, 20 Signature: (Name) L.S. Notary Public in the State of New Jersey My commission expires on, 20 (Seal)