REQUEST FOR PROPOSAL / COMPETITIVE CONTRACT EDISON BOARD OF EDUCATION Hosted VoIP Telephone Solution Respond by: 10:00 a.m. February 8 th, 2013 Respond to: Daniel P. Michaud Business Administrator/Board Secretary Edison Board of Education 312 Pierson Avenue Edison, NJ 08837 1
EDISON BOARD OF EDUCATION Proposal Instructions, Conditions and Specifications 1. Purpose The purpose of this RFP/ Competitive Contract request is to obtain competitive Proposals for Hosted VoIP Telephone solutions on behalf of the Edison Board of Education (sometimes Board ). 2. Duration of Contract The Board intends to award a three or five year contract, depending on vendor specifications. The term of this contract shall be for specified time period from date of signing upon approval by resolution of the Edison Board of Education and an executed contract between the Board and the Vendor. 3. Proposal Terms/Definitions 3.1. Applicable Law - Refers to any federal, state, county or local regulation, ordinance, resolution, enactment, requirement, permit, decision or ruling of any government agency with which compliance is required. 3.2. Award - The Owner's acceptance of the Proposal submitted by a Vendor that is the most advantageous to the Board, price and other factors considered, the legal effect of which binds said Vendor to further performance required hereunder. 3.3. Board or Owner Refers to the Edison Board of Education 3.4. Consultant(s)/Contractor(s)/Vendor(s) - Refers to any person or entity (corporation, partnership, joint venture or otherwise) submitting a Proposal. The proposer, who receives an award of contract, is referred to as the Contractor or Vendor, as appropriate. 3.5. Business Administrator/Board Secretary The Business Administrator/Board Secretary of the Edison Board of Education. 3.6. Contract Documents Any and all conditions or forms included within this RFP/ Competitive Contract and the Agreement between the Board and the Contractor and any and all modifications issued after execution of the Agreement. 3.7. Proposal / Proposal Submittal - All of the information submitted by the Vendor in response to the Owner s RFP/ Competitive Contract. A Proposal shall be timely, complete and conform to and comply with the requirements of the Proposal Documents. 3.8. Work the provision of goods and/or services required by the RFP/ Competitive Contract, and includes all other labor, materials, equipment and services provided by the Contractor to fulfill the Contractor s obligations. The Contractor shall fully execute the Work described in the RFP/ Competitive Contract and the resulting Contract, except as specifically indicated in this RFP/ Competitive Contract to be the responsibility of others. 2
4. Compliance With Laws The Vendor shall comply with all local, state and federal directives, orders and laws as applicable to this agreement. 5. Submission of Proposal 5.1. One (1) original and two (2) copies of the Proposal documents shall be submitted by 10:00 a.m. by February 8, 2013 and shall be submitted to the office of Daniel P. Michaud, Business Administrator/Board Secretary, Edison Board of Education, 312 Pierson Avenue, Edison NJ 08837. 5.2. The Board reserves the right to reject any or all Proposals, within its sole discretion. 5.3. Vendors submitting Proposals shall be duly licensed or authorized to provide such services in the State of New Jersey. Vendor shall disclose in its Proposal all pending disciplinary actions and all past disciplinary actions that have resulted in adverse findings against the Vendor or any licensee associated with the Vendor. 5.4. Vendors shall include the following information in their Proposals: 5.4.1. A summary of the Vendor s credentials and qualifications to perform the Work; 5.4.2. Detailed information regarding the credentials and qualifications of the individual consultants/brokers that will be assigned to the Edison Board of Education; 5.4.3. Demonstration of the Vendor s experience in performing work or similar experience; 5.4.4. References, including a list of current and former clients; and 5.4.5. A complete description and itemization of all proposed fees for the Work. 5.5. A Proposal will be considered invalid and will not be considered by the Board unless the following items are fully completed by the Vendor and submitted to the Board: 5.5.1. Statement of Ownership 5.5.2. Certification of Authority and Non Collusion 5.5.3. Affirmative Action Supplement 5.5.4. Political Contribution Disclosure Form 5.5.5. NJ Business Registration Certificate 6. Duration of Proposal Submission of a Proposal constitutes an express representation of a Vendor that it will not attempt to modify, withdraw or cancel its Proposal for sixty (60) days after the deadline for the submission of proposals pursuant to this RFP/ Competitive Contract. 7. Basis of Award 3
7.1. The Business Administrator/Board Secretary will review and evaluate all Proposals submitted in response to this Request for Proposal. 7.2. The Business Administrator/Board Secretary shall conduct a preliminary evaluation of all Proposals on the basis of the information provided with the Proposal, the ability of the Vendor to perform the work contemplated by this proposal and on the Vendor s past performance, reputation and references. 7.3. The Business Administrator/Board Secretary may arrange for interviews with Vendors submitting Proposals, if required, for the purpose of obtaining additional clarification. Should Proposals submitted require additional clarification and/or supplementary information, Vendors should be prepared to submit same in a timely manner. 7.4. Based upon the evaluation and review of Proposals, the Business Administrator/Board Secretary shall recommend to the Board that the Board enter into an Agreement with the Vendor that submits the most advantageous Proposal, price and other factors considered. 7.5. Vendors are advised that the Business Administrator/Board Secretary is under no obligation to seek clarification and/or supplementary information from any Vendors and that final determination as to any or all Proposals may be made without further interaction between the Board and the Vendor. Accordingly, Proposals should be submitted completely and concisely, and inclusive of terms as favorable to the Board as possible. 7.6. The Board reserves the right to contact any references provided with the Proposal and to make such other and further investigation of the Vendor s qualifications, experience, and reputation as it shall see fit. 7.7. Each Proposal shall be evaluated in accordance with the information submitted by the Vendor, which evaluation may include the following information, not necessarily in order of importance: 7.8.1 The general experience and qualifications of the Vendor; 7.8.1 The experience and qualifications of the Vendor with respect to the services specified in this RFP/ Competitive Contract or services similar thereto; 7.8.2 Fees for services, if any. 8. Professional Liability Insurance During the term of any agreement entered into pursuant of this RFP/ Competitive Contract, the Contractor shall carry professional liability coverage insuring against errors and omissions in the performance of its insurance brokerage services, in an amount not less than $2,000,000.00 (Two Million Dollars) per occurrence. 4
9. GENERAL CONDITIONS The following General Conditions are incorporated into the contract between the Owner and the Contractor. In the event of a conflict or inconsistency between these General Conditions and other portions of Contract Documents, the more stringent requirements shall be presumed to apply and the Contractor shall follow same unless and until instructed otherwise by the Owner in writing. 10. TIME - TIME IS OF THE ESSENCE OF THIS CONTRACT. a. Contractor shall inform Owner immediately if it reasonably appears to the Contractor that it will be unable to meet any required delivery or completion date. Failure to do so shall be deemed a breach of this contract. No such notice shall however, constitute a change to the delivery or completion terms of this Contract in the absence of a duly approved change order. b. If any item is not received or if any element of the Work is not completed by the date specified, the Owner, at Owner's option and without prior notice to Contractor may either approve a revised date or may cancel this Contract and may obtain such goods or work elsewhere. In either event the Contractor shall be liable to the Owner for any resulting loss incurred by the Owner. c. To the maximum extent permitted by law, Contractor's remedy for a delay caused by Owner or by circumstances beyond the Contractor s control shall be an extension in the time for Contractor's performance equal to the duration of Owner's delay. Contractor shall be liable for all damages resulting from Contractor's failure to deliver or complete, with the sole exception of delays in delivery or completion occasioned by strikes, lockouts, fires, war or acts of God. 11. CONTRACT PRICE - Unless and only to the extent specifically allowed by the Contract Documents, all prices quoted shall be firm through the term of the Contract and shall not be subject to increase or escalation for any reason during the period of the Contract. 12. INVOICES AND PAYMENTS d. The Owner shall have no obligation to pay for any Work until one original and one copy of a correct and complete invoice is received by the Owner, and the Owner has verified that all work covered by the invoice has been supplied and is in accordance with the contract. e. Payment is due 30 days from receipt of a correct and complete invoice and voucher. Each invoice shall be printed on Contractor s standard printed bill form, and shall include at a minimum (i) the Contract number, (ii) Contractor s name and address, (iii) the total invoiced amount, (iv) such detail as is reasonably necessary to permit the Owner to evaluate the work completed and the services performed, if any, including without limitation the number of hours worked and the applicable hourly rate, and (v) any and all attachments and further information required by the Contract Documents. f. The Owner s payment of any amount shall not under any circumstances, operate as a waiver or acceptance of any defective or deficient work. g. Any amounts owed to the Owner due to rejection of services or discrepancies in invoices will be, at the Owner s option, credited against future invoices payable by the Owner, or 5
paid by Contractor within thirty (30) days from Contractor s receipt of a debit memo or other written request for payment by the Owner. Additionally, the Owner shall have the right at any time to offset any amount owing from Contractor to the Owner against any amount payable by the Owner pursuant to this Contract or to recoup any amounts due the Owner hereunder from any and all funds due under any contract between the Owner and the Contractor. 13. CHANGES - No change or modification in terms, quantities, or specifications may be made without express authorization in writing from the Owner 14. WARRANTIES - Contractor expressly warrants that all Work performed under this Contract is in conformity with the Contract Documents. These express warranties shall not be waived by reason of acceptance or payment by the Owner. This Contract incorporates by reference all terms of the Uniform Commercial Code as adopted in the State of New Jersey (the UCC ) providing any protection to Owner, including but not limited to all warranty protection (express or implied) and all of Owner s remedies under the UCC. All goods and work shall also be subject to any stricter warranties specified in the Contract. 15. INDEMNIFICATION h. To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, and its agents and employees (the Indemnitees) from and against claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work, including without limitation, those attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. i. In claims against any person or entity indemnified under this Section by an employee or agent of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a subcontractor under workers compensation acts, disability benefit acts or other employee benefit acts. j. The Contractor s indemnity obligations include, but are not limited to any fines, penalties, liabilities, expenses or damages including attorney s fees arising out of or in connection with (i) violation of or failure to comply with any law, statute, ordinance, rule, regulation, code, or requirement of a public authority that bears upon the performance of the Work by the Contractor, a subcontractor, or any person or entity for whom either is responsible; (ii) means, methods, procedures, techniques, sequences of execution or performance of the Work or safety violations, requirements, accidents; and (iii) failure to secure and pay for permits, fees, approvals, licenses, or any violation of any permit or other approval of a public authority applicable to the Work, by the Contractor, a subcontractor, or any person or entity for whom either is responsible. k. The Contractor shall indemnify and hold harmless all of the Indemnitees from and against any costs and expenses (including reasonable attorney s and consultant fees and 6
costs) incurred by any of the Indemnitees in enforcing any of the Contractor s defense, indemnity and hold harmless obligation under this Contract. l. Without limitation to any of the Contractor s obligations herein, upon request of the Owner, its successors, assigns, agents or representatives, the Contractor agrees to defend at the Contractor s expense any suit or proceeding brought against Owner, its individual members, successors, assigns, employees, agents and representatives due to or arising out of the Work performed by the Contractor. 16. TERMINATION OF CONTRACT m. For Convenience: Notwithstanding any provision or language in this contract to the contrary, the Owner may terminate at any time, in whole or in part, this contract for the convenience of the Owner, upon no less than 30 days written notice to the Contractor. n. For cause: Where a Contractor fails to perform or comply with a the Contract Documents, the Owner may terminate the Contract, in whole or in part, after 10 days notice to the Contractor with an opportunity to cure; provided, however, that in the case of emergency or imminent hazard to persons or property, both as determined by the Owner in its sole discretion, the Owner may take immediate action to protect its interests and may terminate the Contract without prior notice or opportunity to cure. o. In the event of termination under this Section, the Contractor will be compensated for work performed in accordance with the Contract, up to the date of termination. Such compensation shall be subject to adjustments as follows. If the unpaid balance of the Contract sum exceeds the sum of the cost of finishing the Work and damages incurred by the Owner, such excess shall be paid to the Contractor following completion of the Contract. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner upon demand. This obligation shall survive termination of the Contract. 17. ASSIGNMENT - The Contract may not be assigned by the Contractor, in whole or in part, without the prior written consent of the Owner. Such consent, if granted, shall not relieve the Contractor of any of his responsibilities under the Contract except to the extent agreed in writing, by the Owner. 18. STATUS AS INDEPENDENT CONTRACTOR AND SUBCONTRACTS - The Contractor is an independent Contractor and while performing work on or off the Owner s premises neither it nor any of its employees shall be considered agents or employees of the Owner. Contractor shall not subcontract or delegate its obligations under this Contract without the prior written consent of the Owner. 19. LEGAL COMPLIANCE - The Contractor shall observe and comply with all federal, state and local laws, rules and regulations effecting goods and services under this Contract. 20. GOVERNING LAW This agreement shall be construed and interpreted according to the laws of the State of New Jersey. Jurisdiction and venue shall in the appropriate courts in the County of Middlesex, New Jersey. 21. MAINTENANCE OF RECORDS - The Contractor shall maintain records for products and/or services delivered against the Contract for a period of three (3) years from the date of final payment. Such records shall be made available to the Owner upon request for purposes of conducting an audit or for ascertaining information regarding dollar volume or number of transactions. 7
22. MERGERS, ACQUISITIONS - If, subsequent to the award of any Contract, the Contractor shall merge with or be acquired by another firm, the following documents must be submitted to the Owner. p. Corporate resolutions prepared by the awarded Contractor and new entity ratifying acceptance of the original contract, terms, conditions and prices. q. All updated ownership disclosure information. r. Contractor Federal Employer Identification Number. The documents must be submitted within thirty (30) days of completion of the merger or acquisition. Failure to do so may result in termination of Contract. If subsequent to the award of the Contract, the Contractor's partnership or corporation shall dissolve, the Owner must be so notified. All responsible parties of the dissolved partnership or corporation must submit to the Owner in writing, the names of the parties proposed to perform the Contract, and the names of the parties to whom payment should be made. No payment should be made until all parties to the dissolved partnership or corporation submit the required document to the Owner. 23. INTELLECTUAL PROPERTY - The Contractor shall hold and save the Owner, its officers, agents, servants and employees, harmless from liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of the contract. To the extent this Contract requires or results in the Contractor preparing, writing, designing or composing any written, pictorial, graphic, sculptural, musical or three-dimensional work (such as, but not limited to, reports, manuals, books, literature, forms, print, radio and television advertising and promotional material, video tapes, slides, movies and audio-visual materials and computer programs and operating systems), Contractor agrees that all worldwide copyright rights in same, and in derivative works based on same, are the property of Owner. Contractor agrees to execute without cost any assignment or other documents requested by Buyer so as to further evidence and confirm Buyer's ownership of all rights therein. 24. SERVICES PERFORMANCE STANDARDS s. The Work shall be performed in a first class manner by qualified and efficient workers who shall not cause labor conflicts with any workers employed by the Owner or others working at Owner's facilities. The Work shall be performed in strict conformity with the strictest quality standards mandated and/or recommended by all generally recognized organizations establishing quality standards for work of the type to be performed hereunder. t. Contractor shall be solely responsible for controlling the means and methods of performance of the Work and shall observe, abide by and perform all of its obligations in accordance with all legal requirements. u. Contractor, to the exclusion of the Owner, shall be solely responsible for the safety of its workplace and its employees. Contractor shall comply fully with all applicable safety codes, regulations and requirements imposed or enforced by all government agencies, including all applicable requirements of the Occupational Safety and Health Administration (OSHA) and all safety codes and procedures mandated or recommended 8
by insurance underwriting organizations and all generally recognized organizations establishing safety standards, for work of the type to be performed hereunder. Notwithstanding the foregoing, any stricter standard contained in the Contract Documents shall govern. v. Contractor shall secure and maintain all applicable licenses and permits in order to be able to lawfully perform the Work and the contract price shall include the cost of these items. w. Notwithstanding any prior inspection or payment, services delivered hereunder shall be subject to acceptance or rejection by the Owner at any time within thirty (30) days after completion of services. If requested, Contractor shall furnish satisfactory evidence of the kind, quality and quantity of labor used or to be used; provided, however, that the Owner s review or approval of any aspect of the Work shall not in any respect excuse or relieve the Contractor from its sole and exclusive duty to perform all Work in strict accordance with the Contract Documents. x. If delivery of services is not made as required by the Contract Documents, the Owner may obtain the services from any available source, the difference in price, if any, to be paid by the Contractor. 25. MATERIAL SAFETY DATA SHEETS If some or all of the goods being provided by Contractor are on OSHA s Hazardous Substances List, Seller must forward a complete Material Safety Data Sheet (MSDS). 26. SUBCONTRACTS The contractors, with whom the Board of Education has an executed contract, may not subcontract any part of any work done for the Board without first receiving written approval from the Business Administrator/Board Secretary. The contractor assumes all responsibility for work performed by subcontractors and must also provide the Board Business Office the following documents secured from all approved subcontractors: Insurance Certificate as outlined in the bid specifications; Affirmative Action Evidence as outlined in the bid specifications; Written certification that the subcontractor shall adhere to prevailing wages as provided through New Jersey State Law; Evidence of Performance Security; Contractor s Registration Certificate, New Jersey Business Registration Certificate Political Disclosure Form, Notice of Classification, Total Amount of uncompleted contracts 9
27. Purpose of the Request The Edison Board of Education has established a need to upgrade their current phone system. This upgrade is needed to meet the present and future needs of the Edison School District to provide improving educational opportunities. The School District is requesting competitive pricing for a hosted VoIP solution connecting the BOE office and 17 locations. Proposals for delivery of these circuits and Services must be E-Rate eligible. Any proposal must include pricing for either a 5 or 3 year contract. The Edison Board of Education acknowledges that price as well as other relevant factors will benefit the Districts priorities, goals, and services to schools. Therefore they will use a weighted score (raw score and weight percentage), acceptable for E-Rate, for selecting a Bid. Selection Criteria Weight Price of the goods and services 25% Prior experience and verifiable references for similar projects 20% Understanding of needs 20% Personnel Qualifications 20% Financial Stability 15% Total 100% 28. Scope of Work Provide LAN Assessment to ensure QoS Total number of phones: 430 (cabling has been completed for these phone locations) Will assist with porting of Centrex lines to PRI s Provide a variety of phones to support: Executive/Admin, District staff, Receptionist, Conference Room, Common Area and Soft Phones. Number and type TBD Administration Portal for easy Moves, Adds and Changes (MAC s) Features to include: Voice Mail, Abbreviated Dialing, Find Me Follow Me, Call Jump, Call Forward, Auto Attendant Direct Inward Dialing (DID) Service Enhanced 911 (E-911) calling with Automatic Number Identification (ANI) and Automatic Location Identification (ALI) 10
Administrator Training and End-User Materials Complete Installation, Service Turn-up and Testing Onsite Support E-Rate Approved Service 24x7x365 Circuit Monitoring and Notification 24x7x365 Telephone Support 4 Hour or less Mean Time to Repair (MTTR) Web Portal for Customer Access Notice of 3 days (minimum) for scheduled maintenance Full Protection of Customer Proprietary Information Disaster Recovery and Business Continuity are also very important aspects of this system. The Board is requesting that submitted responses include three different pricing options in bids: Option 1: For all circuits to be routed through the core site to hosted data center Option 2: For PRI s to be installed at two high schools and the remaining circuits to be routed through core site Option 3: For a dedicated circuit to be installed at every location Lastly, Edison requires an optional line item in all responses that includes installation of telephone capability in approximately 830 classrooms that would enable an individual to call, at a minimum, 911 and the school office at every location. Softphones would be acceptable for this requirement. Network Information: Edison s network consists of the following: Hub and spoke design. Hub is located at 312 Pierson Ave. 300MB internet circuit 1GB private fiber links between all schools and hub site PoE switches to be provided by Edison BOE 11
END OF GENERAL CONDITIONS EDISON BOARD OF EDUCATION EDISON, New Jersey 1. Edison Board of Education 312 Pierson Ave, Edison, NJ 08837 (core site) 2. Benjamin Franklin Elementary School 2485 Woodbridge Avenue, Edison, NJ 08817 APPENDIX A 3. James Madison Intermediate & Primary School 838 New Dover Road, Edison, NJ 08820 4. Lincoln Elementary School 53 Brookville Road, Edison, NJ 08817 5. Martin Luther King Elementary School 285 Tingley Lane, Edison, NJ 08820 6. Washington Elementary School 153 Winthrop Road, Edison, NJ 08817 7. Herbert Hoover Middle School 174 Jackson Avenue, Edison, NJ 08837 8. Thomas Jefferson Middle School 450 Division Street, Edison, NJ 08817 9. Edison High School 50 Blvd. Of The Eagles, Edison, NJ 08817 10. James Monroe Elementary School 7 Sharp Road, Edison, NJ 08837 11. John Marshall Elementary School 15 Cornell Street, Edison, NJ 08837 12. Lindeneau Elementary School 50 Blossom Street, Edison, NJ 08817 13. Menlo Park Elementary School 155 Monroe Avenue. 08820 12
14. Woodbrook Elementary School 15 Robin Road, Edison, NJ 08820 15. John Adams Middle School 1081 Dover Road, Edison, NJ 08820 16. Woodrow Wilson Middle School 50 Woodrow Wilson Drive, Edison, NJ 08820 17. John P. Stevens High School 855 Grove Avenue, Edison, NJ 08820 13
1. STATEMENT OF OWNERSHIP In accordance with N.J.S.A. 52:25-24.2, each person, partner or corporation which owns a ten percent (10%) or greater interest in the VENDOR shall be identified on this Form until all names/addresses/percentages of ownership are identified for each TIER: TIER 1 [Identify the names of each person, partner or corporation which holds a ten percent (10%) or greater interest in the VENDOR, whether such ownership be in the form of stock of any class or otherwise] Name Address Percentage Owned TIER 2 [All holders of a ten percent (10%) or greater interest in any corporation or partnership identified in TIER 1 must be identified below.] Name Address Percentage Owned Check if applicable: No individual stockholder or partner owns 10% or more of this corporation or partnership. By: Name or Corporation or Partnership Signature and Title of Officer Notary Public: Sworn and Subscribed before me on this _ day of, 2013. (Notary Signature) (Print or Type Notary s Name) Commission expires on Notary s Seal: 14
CERTIFICATION OF AUTHORITY AND NON-COLLUSION Having complete knowledge as to the statements made herein, I, hereby certify as follows: (Print Name) 1. I am the undersigned, who, on behalf of the VENDOR and with full authority to do so, has executed this Certification in connection with its Proposal; 2. The VENDOR is registered with the State of New Jersey, Department of the Treasury, Division of Revenue (A copy of the VENDOR s Business Registration Certificate is required prior to the OWNER entering into a contract with the VENDOR); 3. The VENDOR 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 within Proposal; 4. 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 employee or bona fide established commercial or selling agencies identified as follows: 5. All statements and representations contained in the Proposal are true, complete and correct, and made with full knowledge that the OWNER shall rely upon same in awarding a public contract for the services as defined in the Contract Documents. VENDOR s Authorized Representative: Signature Print or Type Name and Title Notary Public: Sworn and Subscribed before me on this day of, 2013 Notary s Signature Print or Type Notary s Name Commission expires: Notary s Seal: 15
AFFIRMATIVE ACTION SUPPLEMENT P.L. 1975, C. 127 (N.J.A.C. 17:27) - MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND 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 all 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, 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. 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. 17:27-5.2 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 determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 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 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 decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. 16
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, 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 and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office 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 Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). By: Name or Corporation or Partnership Signature and Title of Officer Date 17
Political Contribution Disclosure Form Instructions Pursuant to N.J.A.C. 6A:23A-6.3, business entities (contractors) receiving contracts from boards of education are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: any State, county, or municipal committee of a political party any legislative leadership committee * any continuing political committee (a.k.a., political action committee) any candidate committee of a candidate for, or holder of, an elective office: o of the public entity awarding the contract o of that county in which that public entity is located o of another public entity within that county o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: individuals with an interest ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit all principals, partners, officers, or directors of the business entity or their spouses any subsidiaries directly or indirectly controlled by the business entity IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, a contribution by that person s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. It is the contractor s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor s submission and is disclosable to the public under the Open Public Records Act. 1 N.J.S.A. 19:44A-3(s): The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures. 18
POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26 and N.J.A.C. 6A:23A-6.3 Part I Contractor Information Contractor Name: Address: City: State: Zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form. Signature Printed Name Title Part II Contribution Disclosure Disclosure requirement: This disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities pursuant to N.J.S.A. 19:44A-20.26. Check here if disclosure is provided in electronic form. Contributor Name Recipient Name Date Dollar Amount $ Check here if the information is continued on subsequent page(s) 19
This contract form is for informational purposes only. The successful Vendor may be required to execute and submit these documents after award of the contract. CONTRACT FORM: AGREEMENT AGREEMENT made as of this day of in the year BETWEEN the Owner: Edison Board of Education and the Contractor: for the following Project: Hosted VoIP Telephone Solution The Owner and Contractor agree as follows: THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General and other Conditions), the Request for Proposals, Specifications, Addenda issued prior to execution of this Agreement, modifications issued after execution of this Agreement, and the Contractor s proposal to the extent not inconsistent with the other Contract Documents, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. THE WORK The term Work means the provision of services required by the Contract Documents, and includes all other labor, materials, equipment and services provided by the Contractor to fulfill the Contractor s obligations. The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. CONTRACT SUM The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor s performance of the Contract. The CONTRACTOR and OWNER hereby bind themselves: CONTRACTOR S Authorized Representative: OWNER S Authorized Representative: By: Print Name By: Signature By Print Name By: Signature 20