NOTICE OF REQUEST, SOLICITATION AND INVITATION FOR PROPOSALS FOR LIBRARY ATTORNEY FOR MOUNT LAUREL LIBRARY, BURLINGTON COUNTY

Transcription

1 NOTICE OF REQUEST, SOLICITATION AND INVITATION FOR PROPOSALS FOR LIBRARY ATTORNEY FOR MOUNT LAUREL LIBRARY, BURLINGTON COUNTY Please be advised that the Mount Laurel Library will accept proposals for a LIBRARY ATTORNEY as an annual position for 2015: To obtain the Request, Solicitation and Invitation, you must contact the office of the Library Director, at , ext. 304 for a copy of the actual Request, Solicitation and Initiation for proposal. All proposals submitted to the Library must be pursuant to the said Request, Solicitation and Invitation distributed by the Mount Laurel Library and in the format required therein and as set forth therein and hereafter. To be considered, a proposal for any of the above positions must be received on or before Tuesday, December :00 a.m. Late responses will not be opened or reviewed. Responses must be fully sealed. The entire responding proposal (an unstapled original plus nine stapled copies per position of the original) shall be placed in a sealed envelope of the appropriate size. The envelope shall be marked with the words PROPOSAL FOR LIBRARY ATTORNEY, which words shall be at the lower left of the front of the envelope. If you mail or hand-deliver your proposal, the said envelope shall be addressed as follows: Kathy Schalk-Greene, Mount Laurel Library Director, 100 Walt Whitman Avenue, Mount Laurel, New Jersey KATHY SCHALK-GREENE LIBRARY DIRECTOR 1

2 I. PROFESSIONAL SERVICES CONTRACTS TO BE AWARDED BY CRITERIA ESTABLISHED PURSUANT TO N.J.S.A. 19:44A-1 ET.SEQ. The Mount Laurel Library solicits statements of qualification and proposals for applicants for appointment to Library Attorney. Responses should address the general criteria and mandatory minimum criteria for the position sought and the desired compensation package. Sealed proposals will be received by the Library Director at the Mount Laurel Library, 100 Walt Whitman Avenue, Mount Laurel NJ no later than 10:00 AM Tuesday, December 30, 2014 when publicly opened and read aloud. Please submit nine (9) copies of your proposal. Responses will be reviewed by the Library Director and the Library Board of Trustees. All appointments will be announced at a public meeting. Unless otherwise noted, appointments shall be for the calendar year of 2015 and subject to the execution of an appropriate contract. LIBRARY ATTORNEY GENERAL CRITERIA: The Mount Laurel Library desires to appoint a New Jersey licensed attorney or a firm of attorneys to represent the Library who wish to provide general counsel and litigation services to the Library Board of Trustees for the calendar year of The successful firm(s) and/or individuals will provide the Library Trustees with legal guidance relating but not necessarily limited to: Legal Counsel Services: 1. Legal research and/or advisory opinions if needed; 2. Represent the Library Trustees in all matters in Federal and State courts as well as administrative tribunals and forums; 3. Review and/or draft Library Trustee Resolutions, Contracts, Inter-Local and Inter- Agency agreements; 4. Must attend all monthly meetings of the Library Trustees, all special meetings of the Library Trustees, as requested, and provide the name of the person who will be attending; 5. Be readily available for meetings with the Library Director or their designates upon request; 6. Advise the Library Trustees of changes in State or Federal law or regulations, as well as court decisions which may impact the Library Trustees; 7. Any other matters as directed by the Library Trustees. MANDATORY MINIMUM REQUIREMENTS: 1. Must be licensed to practice law in the State of New Jersey and eligible to appear before all state and federal courts and administrative offices of the State of New Jersey for a period of not less than five (5) years preceding appointment. 2

3 2. Must have a minimum of five (5) years experience in representing a New Jersey Library and/or other public entities in contractual matters; civil service and personnel matters; public contracts; intergovernmental contracts; federal and state agreements; joint ventures; partnership and grant agreements; liability and workers compensation matters; OPRA and general litigation. 3. Must maintain a bona fide office in the State of New Jersey. 4. Must provide a list of (4) professional references with addresses and telephone contact numbers. Three must have direct knowledge relating to your experience in the requested service. II. INSURANCE This Request, Solicitation and Invitation for Proposal is for the appointment of a professional and quasi-professional position with the Mount Laurel Library or a position for which there is a bidding exemption under N.J.S.A. 40A:11-1 et seq. The applicant/proposer, as a member of a profession which is subject to suit for professional malpractice, shall provide documentation that insurance for professional liability/malpractice coverage with limits as to liability acceptable to the Library. At a minimum, the applicant/proposer shall provide evidence of coverage establishing: Automobile Liability Insurance: Insurance covering applicant/proposer and all vehicles owned by same, with limits on bodily injury of not less than $100,000 each person/$300,000 each accident and limits on property damage of not less than $100,000 each accident shall be maintained during the term of the contract. Errors and Omissions: A Professional Liability policy, commonly known as an Errors and Omissions Policy, in full force during the term of the contract in an amount not less than $1,000,000. Workers Compensation: A statutory worker s compensation policy, as required under applicable law. Additionally, Mount Laurel Library shall be named as an additional insured on the auto liability policy. During the term of the contract, it shall be the responsibility of the proposer/professionals to provide the Mount Laurel Library with additional declaration pages of insurance in compliance with this paragraph showing current coverage if/when any insurance policy expires. Submission of proof of the required insurance coverage in the form of a certificate or certificates of 3

4 insurance is a continuing condition precedent to service by the professional that receives the appointment. III. FINANCIAL DISCLOUSRE The applicant/proposer as a professional, if required by law, shall file a Financial Disclosure Statement pursuant to Local Government Ethics Law N.J.S.A. 40A:9-22(1) et seq. IV. LAW AGAINST DISCRIMINATION AND AFFIRMATIVE ACTION The applicant/proposer as a professional shall file a statement as to compliance with N.J.S.A. 10:5-1 et seq. (Laws Against Discrimination) and P.L. 1975, c.127 (Affirmative Action). V. PAY TO PLAY No firm will be issued a contract unless it complies with the Local Unit Pay-to-Play Law (P.L. 2004, c.19, as amended by P.L. 2005, c.51). VI. COMPENSATION Please include hourly or salary rate requirements for requested position. 4

5 Date: Library Board of Trustees Mount Laurel Library 100 Walt Whitman Avenue Mount Laurel, NJ Dear Members of the Library Trustees: The undersigned here by submits the enclosed proposal for the position of Library Attorney. The undersigned hereby undertakes and promises to serve as Library Attorney for the Mount Laurel Library and to do all work requested as appropriate and required herein as well as the contract documents concerning the same, including all written amendments and changes thereto, if any, which are incorporated herein by reference and made a part of this proposal. SIGNATURE BUSINESS NAME Type or Print Full Name Title Date Telephone Number Fax-Telephone Number I HEREBY CERTIFY THE INFORMATION CONTAINED IN THIS PROPOSAL IS CORRECT AND ACCURATE TO MY PERSONAL KNOWLEDGE. I AM MAKING THIS CERTIFICATION IN GOOD FAITH. CERTIFYING OFFICIAL: NAME: TITLE: SIGNATURE: DATE: 5

6 STOCKHOLDER DISCLOSURE CERTIFICATION This Statement Shall Be Included with Bid Submission Name of Business I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: Partnership Corporation Sole Proprietorship Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation Other Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Home Address: Name: Home Address: Name: Home Address: Name: Home Address: Name: Home Address: Subscribed and sworn before me this day of, 2. (Notary Public) My Commission expires: Name: Home Address: (Affiant) (Print name & title of affiant) (Corporate Seal) 6

7 CERTIFICATION OF INSURANCE I HEREBY CERTIFY THAT MY OFFICE CARRIES THE REQUISITE INSURANCE AS DESCRIBED IN SECTION II HEREIN. I HAVE ATTACHED HERETO COPIES OF THE DECLARATION PAGES OF EACH SUCH POLICY THAT I ASSERT DOES OR CAN PROTECT THE MOUNT LAUREL LIBRARY FROM ANY ERROR, OMISSION OR ACTIVITY IN WHICH I OR ANYONE FROM MY OFFICE MIGHT ENGAGE ON BEHALF OF THE LIBRARY. I FURTHER CERTIFY THAT THE POLICIES OF INSURANCE CARRIED BY MY OFFICE SHALL CONTINUE TO BE CARRIED DURING THE ENTIRE TERM OF MY APPOINTMENT FOR THE YEAR 2015, IN THE EVENT THAT MY OFFICE IS SELECTED TO SERVE. IN THE EVENT THAT THE DECLARATIONS PAGE(S) SUBMITTED HEREWITH SHOWS THE POLICY OR POLICIES OF INSRUANCE WILL LAPSE DURING THE COURSE OF THE CALENDAR YEAR, I WILL PROVIDE TO THE LIBRARY A COPY OF THE RENEWAL POLICY WHICH SHALL HAVE THE SAME OR GREATER LIMITS OF LIABILITY AS THE ONE PROVIDED FOR THE BEGINNING OF CALENDAR YEAR CERTIFYING OFFICIAL: NAME: TITLE: SIGNATURE: DATE: 7

8 CONFLICT OF INTEREST CERTIFICATION THE UNDERSIGNED CERTIFIES TO THE MOUNT LAUREL LIBRARY, TOWNSHIP OF MOUNT LAUREL, COUNTY OF BURLINGTON, STATE OF NEW JERSEY THAT IN PERFORMING SERVICES TO THE LIBRARY HE/SHE IS AWARE OF NO CIRCUMSTANCE THAT WOULD CONSTITUTE A CONFLICT OF INTEREST, FINANCIAL OR OTHERWISE, BETWEEN HIMSELF/HERSELF (OR HIS/HER FIRM) AND THE INTEREST OF THE LIBRARY. THE UNDERSIGNED CERTIFIES FOREGOING AND HAS EXECUTED THIS CERTIFICATION SUBSEQUENT TO SUCH SEARCH. THE UNDERSIGNED ACKNOWLEDGES THIS IS A CONTINUING CERTIFICATION, AND SHALL REMAIN IN EFFECT FOR THE TERM OF THE SERVICES CONTAINED IN THE SOLICITED REQUEST FOR PROPOSAL. 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 FALSE, THE LIBRARY IS FREE TO TERMINATE ANY PROFESSIONAL SERVICE AGREEMENT ENTERED INTO WITH THE UNDERSIGNED. Applicant Signature: Typed Firm Name: Title: Date: 8

9 ATTACHMENT CERTIFYING UNDERSTANDING OF MOUNT LAUREL TOWNSHIP CODE AS IT RELATES TO GIFTS, HONORARIA, ETC. THE UNDERSIGNED HEREBY CERTIFIES THAT HE/SHE IS FAMILIAR WITH THE PROVISIONS OF THE MOUNT LAUREL TOWNSHIP CODE RELATING TO THE ADOPTION BY THE TOWNSHIP COUNCIL OF THE NEW JERSEY MUNICIPAL ETHICS RULES. THE UNDERSIGNED UNDERSTANDS THAT VIOLATION OF THESE RULES CAN RESULT IN A BREACH OF THE TERMS OF THE AGREEMENT AND CAN RESULT IN A TERMINATION OF THE CONTRACT BY THE MOUNT LAUREL LIBRARY. Date: Signature BUSINESS REGISTRATION CERTIFICATE A copy of the Bidder s Business Registration Certificate must be submitted with this Bid Proposal. 9

10 NON-COLLUSION AFFIDAVIT STATE OF NEW JERSEY TOWNSHIP OF MOUNT LAUREL MOUNT LAUREL LIBRARY ss: I certify 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 to do so; 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 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 Mount Laurel Library 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 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 (N.J.S.A. 52: 34-25) (NAME OF CONTRACTOR) Subscribed and sworn Before me this day of 20. (ALSO TYPE OR PRINT NAME OF AFFIANT UNDER SIGNATURE) Notary Public of My Commission Expires,

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. 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) electronically provided by the Division and distributed to the public agency through the Division s website at 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 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. COMPANY: PRINT NAME: SIGNATURE: TITLE: DATE: NOTE: NO CONTRACT CAN BE AWARDED WITHOUT THE SUBMISSION OF ONE OF THE ABOVE ITEMS FOR PROOF OF AFFIRMATIVE ACTION PLAN, COMPLETED AND SUBMITTED TO THE DEPARTMENT OF PURCHASING. A CONTRACTOR S BID MUST BE REJECTED AS NON-RESPONSIVE IF A CONTRACTOR FAILS TO COMPLY WITH REQUIREMENTS OF P.L. 1975, C. 127, WITHIN THE TIME FRAME. 11

12 APPENDIX A 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 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the 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: The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related 12

13 testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division s website at The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. 13

14 APPENDIX B AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the Mount Laurel Library, (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. 14