FRANKLIN TOWNSHIP BOARD OF EDUCATION

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1 FRANKLIN TOWNSHIP BOARD OF EDUCATION Request for Proposal: Competitive Contract for Substitute Teacher Staffing Services Sealed Proposal must be received at: Franklin Township Board of Education 1755 Amwell Road Somerset, NJ by March 7, 2014 at 10:00 am Page 1 of 20

2 NOTICE OF REQUEST FOR PROPOSAL FRANKLIN TOWNSHIP BOARD OF EDUCATION Request for Proposal for Substitute Teacher Staffing Services NOTICE is hereby given that the Franklin Township Board of Education, County of Somerset, will receive sealed proposals for Substitute Teacher Staffing Services. Packages are available at the Board of Education s Business Office, 1755 Amwell Road, Somerset, New Jersey, Monday through Friday between the hours of 8:30 am and 3:30 pm. Proposals must be submitted in a sealed envelope with Request for Proposal for Substitute Teacher Staffing Services clearly marked on the outside of the envelope to: the Business Office of the Franklin Township Board of Education, 1755 Amwell Road, Somerset, New Jersey 08873; ATTENTION: John Calavano, Assistant Superintendent for Business / Board Secretary, up to 10:00 a.m., prevailing time on Friday, March 7, The Franklin Township Board of Education takes no responsibility for the punctual receipt of mailed proposals. The Board of Education advises all contractors to take notice and be aware that it reserves the right to reject any or all proposals if it is in the interest of the Board to do so. In accordance with Public School Contract Law Section 45 of Public Law 1999, C.440 (C.18A:18A-4.1) by way of using competitive contracting, all proposals will be evaluated on multiple criteria. If you have any questions, please contact the Business Office at (732) John Calavano, RSBA Assistant Superintendent for Business/ Board Secretary Page 2 of 20

3 SPECIFICATION AND REQUEST FOR PROPOSAL FOR SUBSTITUTE TEACHER STAFFING SERVICES INSTRUCTION TO CONTRACTORS 1. GENERAL INFORMATION A. RECEIPT AND OPENING OF PROPOSALS Proposals will be received by the Assistant Superintendent for Business / Board Secretary of the Board of Education, prevailing time at 10:00 a.m. on March 7, 2014, at the Business Office, 1755 Amwell Road, Somerset, New Jersey, All proposals must be submitted in sealed envelopes bearing on the outside the words Request for Proposal for Substitute Teacher Staffing Services, the name of the contractor, its address, and phone number. The contractor assumes the risk of any delay in the mail or in the handling of the mail by employees of the Board of Education. Whether by mail or by means of personal delivery, the contractor assumes responsibility for having its proposal deposited with the Assistant Superintendent for Business, or his designated representative. The contractor must provide 3 hard copies and an electronic version of the proposal. Any proposal received after the time and date specified will not be considered. No contractor may withdraw a proposal within sixty (60) days after the actual date of the opening thereof. B. PREPARATION OF PROPOSAL Proposals should be concise and clear. Proposals must be complete; failure to include all required information may result in disqualification or lower evaluation rankings. All qualifications must be clear and concise. Elaborate brochures or other presentations are not necessary. Submission of a proposal to this RFP acts as acknowledgement that the Staffing Service has read, understands and agrees to be bound by the terms and conditions. The Franklin Township Board of Education reserves the right to reject any and all Proposals in the whole. Any departures from the specifications must be noted in writing with your Proposal. Page 3 of 20

4 Responses to the RFP will be the primary source of information used in the evaluation process. Proposals should be as complete as possible. However, the Franklin Township Board of Education may: 1. Contact any applicant to clarify any response. 2. Contact any user of an applicant s services. 3. Solicit information from any available source concerning any aspect of the proposal. 4. Seek and review any other information it deems pertinent to the evaluation process. C. COSTS The cost for the project as defined in the statement of work should be all inclusive and reflect all deliverables. The submitted proposal must: a. Describe your proposed fee structure, including all fees, taxes, surcharges, possible expenses or any other charges that will or may be charged to the District. b. Provide a complete description of the billing process for services rendered. c. Provide a sample copy of the proposer s contract. Sample contract must include all terms and conditions of this RFP, fee structure, billing dates and any renewal rates. The Board of Education reserves the right to make changes to this sample contract prior to execution by the successful applicant and the Board of Education. The contractor must complete and submit the Proposal Amount Form (See Appendix A). D. ADDENDA AND INTERPRETATIONS No interpretation of the meaning of the specifications will be made to any contractor orally. Every request for such interpretations must be in writing to John Calavano, Assistant Superintendent for Business / Board Secretary, Franklin Township Board of Education, 1755 Amwell Road, Somerset, New Jersey, and to be given consideration must be received at least seven (7) days prior to the date fixed for the opening of proposals. Any and all such interpretations and any supplemental instruction will be in the form of written addenda to the specifications, which, if issued, will be mailed or faxed to all prospective contractors not later than five (5) days prior to the date fixed for the opening of proposals. Failure of any contractor to receive any addenda or interpretation shall not relieve any contractor from any obligation under his proposal submitted. All addenda so issued shall become part of the contract document. E. EVALUATION OF PROPOSALS Proposals will be evaluated on the following criteria as set forth in NJAC 5:34-4.2: Page 4 of 20

5 Proposal meets the statement of work objectives Experience with other public school districts Cost effectiveness See Attachment A for the specific evaluation criteria. The proposals will be evaluated by the Director of Human Resources and the Assistant Superintendent for Business and members of their teams. Upon review of the Proposals, an interview may be scheduled. Please note that submission of a Proposal does not guarantee an interview. 2. STATEMENT OF WORK A. DISTRICT INFORMATION Franklin Township Public Schools are a Somerset County based Pre-Kindergarten to 12 th Grade school district. The District is comprised of; six Pre-K to 4 th grade schools, one 5 th to 6 th grade school, one middle school and one high school. In addition it occupies a building for central office staff, one maintenance building and one temporary structure, which houses transportation staff. Current student enrollment is approximately 8000 and a work force of approximately 1,200. The General fund budget for the fiscal year is approximately 139,000,000. Additional information can be found at B. SCOPE OF WORK AND DELIVERABLES The Purpose of this Request for Proposals (RFP) is to obtain information for Substitute Teacher Staffing Services. The services will include the management and placement of substitute teachers throughout all Franklin Township district schools, grade levels and disciplines. The successful proposal(s) shall comply with all local, state, and federal directives, orders and laws applicable to this request. Services that shall be provided include but are not limited to the following: a. Staffing service shall recruit, screen, hire, train, place and track substitute teachers. b. Staffing service provide a detailed training program for substitutes to complete prior to placement in Franklin. c. Staffing service shall ensure that all staff place in Franklin Township Public School have the proper credentials, medical clearance and appropriate background checks to work in a New Jersey Public School, as a substitute teacher for up to 180 days in a single classroom. Page 5 of 20

6 d. Staffing service shall provide a web based substitute placement and absentee management system and automated time clock, to which, the District shall have unlimited access. e. Staffing service shall provide monthly reports to the District identifying all placements. f. Staffing service shall reply to any and all inquiries made by the District s contact person within 1 business day. g. Staffing service shall currently be providing these services to at least ten New Jersey Public School District, five of which shall be Pre-Kindergarten to grade 12 school districts employing at least 500 teaching staff members. The proposal must also include how you plan to implement and support items a through g above by providing the following: i. A detailed description of how your company will provide the services a through g listed above ii. A description of your recruiting, hiring, credentialing, and evaluation process. 1. Please describe in detail the proposer s recruiting, hiring and credentialing processes for the State of New Jersey. 2. List process and required paperwork to become a certified substitute in the State of New Jersey. 3. List process and required paperwork to become a certified teacher in the State of New Jersey. iii. Detailed information regarding meetings and communication with client. iv. Detailed explanation of your in-person training program for all newly and transitioning substitute teachers. Also, provide experience and credentials of Training Coordinators. v. Description of transition process from self-operated program to your company s program Include: 1. District Implementation 2. Employee Implementation 3. Technology Implementation vi. Description of process to be followed when and if you cannot meet the demand for substitutes on a daily or on-going basis or late notification of an absence vii. The identification of the web based substitute placement and absentee management system and automated time clock system that will facilitate the services to be provided. 1. Describe in detail your organization s utilization of the web based substitute placement and absentee management system. Page 6 of 20

7 2. Describe in detail your organization s utilization of the automated time clock system and how it works in conjunction with the substitute placement and absentee management system. viii. A description of other services your company will provide at no additional cost to the BOE. ix. A description of other services available to the BOE for additional compensation. B. TIMEFRAME The length of term will begin on July 1, 2014, through June 30, The Board reserves the right to execute an annual renewal on or before June 1 each year up to a term not to exceed five years. The Purchasing Agent may negotiate terms for a renewal of contract proposal and present such negotiated proposal to the Board. All multi-year contracts and renewals are subject to the availability and appropriation annually of sufficient funds as may be needed to meet the extended obligation. The Board of Education reserves the right to terminate, at any time during the contract period, with a thirty (30) day notice. 3. OTHER REQUIRMENTS A. QUALIFICATIONS OF VENDOR/CONTRACTOR All respondents shall be duly authorized to do business by the State of New Jersey. Competency, fitness and financial responsibility of contractors and any subcontractors will be considered in making the award. If required, they shall support their claims of competency, fitness, and financial responsibility with evidence satisfactory to the Board of Education. The proposal must provide the following identifying information for the vendor/contractor: a. Name and Address. b. Length of time in existence. c. A brief description of your company background d. List of a minimum of five (5) current Board s of Education clients having at least 500 teaching employees. Please provide a contact name, title, and telephone number. Also please include the following: 1. a description of the services being provided relevant to the completion of the services requested in this RFP 2. Identify any previous start-up issues, how they were handled, and procedures put in place to avoid them happening with our implementation 3. Quantification of the average number of requests for teacher substitutes that were unfilled on a daily/weekly basis 2. Resumes of company personnel that will be assigned to handle the District s account. Page 7 of 20

8 3. Statement regarding the financial stability of the contractor and the ability of the contractor to perform the requested services included in this response. 4. The contractor must also disclose in the proposal any contractual or personal relationship that exists or has existed between the contractor and any subcontractors and their employees and the Franklin Township Board of Education and it s employees. B. INSURANCE Successful contractor cannot commence work under the terms of the specifications until it has furnished a certificate of insurance to the Board of Education showing that it has Contractor s Public Liability, property damage, and Workers Compensation Insurance providing and including full coverage s for all subcontractors, the Board of Education and its agents and employees. The minimum limit of bodily injury is 3,000, Property damage limit is 500, Certificate of Insurance shall be furnished by the Board of Education and contain a ten-day cancellation and/or modification clause with requirements of a written notice by the insurance company to the Board of Education. The successful contractor shall indemnify and hold harmless the Board of Education, its agents and its employees through appropriate insurance. A certificate indicating these amounts is required to be returned with the executed successful bidder contract, and the Board of Education shall be named an additional insured. C. EMPLOYMENT AND LABOR Each contractor shall pay such rates of wages prevailing in the district as will keep the job free from labor troubles, and shall comply with the provisions of the New Jersey Prevailing Wage Act, Chapter 150 of the Laws of 1963 and Executive Order #11246 Equal Employment Opportunity as amended and supplemented. D. EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE The contractor shall sign and return the Mandatory Equal Employment Opportunity Language Statement and Americans with Disabilities Act of 1990 Statement (See Exhibit A and Appendix B). E. AFFIRMATIVE ACTION EVIDENCE All successful bidders are required to submit evidence of appropriate affirmative action compliance. The vendor/contractor shall submit to the Franklin Township Board of Education prior to the execution of the contract. Contractors shall complete and submit an Employee Information Report Form AA-302 upon notification of award. Proper completion and submission of this report shall constitute evidence of the contractor s compliance with the regulations. Failure to submit this form may result in the contract being terminated. Contractor shall sign and return a statement agreeing to supply required forms if awarded the contract (See Appendix C). Page 8 of 20

9 F. TAX EXEMPTION The Board of Education is exempt from payment of federal, state, and local taxes in the State of New Jersey on all materials and supplies sold/purchased pursuant to the provisions of this contract. These taxes are not to be included in the proposals. G. STOCKHOLDER S DISCLOSURE All contractors are hereby notified that every corporation and partnership, according to the provisions of Chapter 33, Laws of 1977 of the State of New Jersey, must submit a statement prior to the receipt of the bid or accompanying the bid, setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, of any class or of all partners in the partnership, who own 10% or greater interest therein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation s stock, or the individual partners owning 10% of greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, exceeding the 10% ownership criteria established in this act, has been listed. The contractor must complete and sign The Stockholder s Disclosure Form (See Appendix D). H. PROOF OF BUSINESS REGISTRATION CERTIFICATE All business organizations that do business with a local contracting agency, including Boards of Education as defined in the Public School Contracts Law, are required to be registered with the State and provide proof of that registration to the contracting agency before the contracting agency may enter into a contract with that business. Information on how to secure a Business Registration Certificate is available on the following web site: N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract: 1) the contractor shall provide written notice to its subcontractors to submit proof of business registration to the contractor; 2) prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used; 3) during the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State. A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of 25 for Page 9 of 20

10 each day of violation, not to exceed 50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. I. NON-COLLLUSION The contractor shall sign and return the Affidavit of Non-Collusion with their proposal (See Appendix E). 4. RIGHTS RESERVED The Board of Education reserves the right to accept or reject any or all proposals or parts of proposals for the services specified as it may deem advisable, or waive any defects therein and to award contracts, as in its judgment may be deemed best for the Board of Education. 5. LIQUADATED DAMAGE PROVISION The contractor shall sign and return the Liquidated Damage Provision if a contract is awarded (See Appendix F). 6. PAYMENT Payment for work completed will only be received upon determination from the Board of Education that all work is satisfactorily completed. Page 10 of 20

11 PROPOSAL AMOUNT FORM APPENDIX A Proposal of (See attached Cost Proposal Appendix A ) Hereinafter called the contractor, a corporation / partnership / an individual doing business; ^strike out inapplicable terms^ To the Franklin Township Board of Education, 1755 Amwell Road, Somerset, New Jersey 08873, hereinafter called the Board of Education. The contractor, in compliance with your invitation for proposals for Substitute Teacher Staffing Services, having examined the plans and specifications with related documents and being familiar with all of the conditions surrounding the request for proposal for Substitute Teacher Staffing Services, hereby proposes to furnish all labor, materials, and supplies, and to conduct Substitute Teacher Staffing Services in accordance with the request for proposal documents within the time set forth therein and at the prices provided in the attached Cost Proposal table. These prices are to cover all expenses incurred in providing Substitute Teacher Staffing Services required under the contract documents, of which this proposal is a part. The contractor understands that the Board of Education reserves the right to reject any or all proposals and to waive any informality in the proposal process. The contractor agrees that this proposal shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The contractor hereby certifies that all of the figures, computations, and additions used in estimating the proposal herein have been carefully checked and are accurate in all respects and no claim shall be made as a basis for withdrawal of this proposal after opening on these grounds. Respectfully submitted by: Signature Name (typed or printed) Title (Seal if proposal is by a corporation) Name of Firm Business Address / Zip Telephone Page 11 of 20

12 COST PROPOSAL APPENDIX A The contractor agrees to provide Substitute Teacher Staffing Services as described in the specifications and shown in the request for proposal, for the following sums: Substitute Teacher Staffing Services Cost Cost (Written Out) The amount shall be shown in words and in figures. In case of discrepancy the amount in words shall govern. Page 12 of 20

13 EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will 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 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: Page 13 of 20

14 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. NAME SIGNATURE COMPANY DATE Page 14 of 20

15 APPENDIX B AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the Franklin Township Board of Education, (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 DATE COMPANY SIGNATURE Page 15 of 20

16 APPENDIX C EMPLOYEE INFORMATION REPORT FORM AA-302 I attest that I have read and agree to comply with the Affirmative Action Exhibit A, mandatory affirmative action language for Goods, Professional Service and General Service Contracts included in these bid specifications. I further agree to complete an Affirmative Action Employee Information Report Form AA- 302 as required. The AA-302 form & instructions are available at this web site: Go to this section of the page and click where applicable. If you do not have Adobe Acrobat Reader you must download this program to view the forms (it s free just click on Adobe Acrobat Reader). Forms Initial Project Workforce Report - Construction (AA-201) (5 kb) Initial Project Workforce Report - Construction (AA-201) Instructions (7 kb) Monthly Project Workforce Report (AA-202) (12 kb) Monthly Project Workforce Report (AA-202) instructions (30 kb) Employee Information Report (AA-302) (NV kb) Employee Information Report (AA-302) Instructions (12 kb) Vendor Activity Summary Report (3 kb) Signature Date Page 16 of 20

17 APPENDIX D STOCKHOLDER S DISCLOSURE Section I or II must be completed and filed in the office of the Franklin Township Board of Education before any contractual agreement can be entered with any vendor. SECTION I I do hereby certify that partnership. Name of Vendor is not a corporation or Authorized Signature SECTION II I, of (Name and designation of authorized officer) (Name of Corporation) OR I, of (Name of Partnership) hereby certify that the following is a list of names and addresses of all stockholders in the corporation, or any person or persons, having an interest in the partnership who own 10% or more of its stock of any class or of all individual partners in the partnership who own 10% or greater interest therein. And, I further certify that if one or more of such stockholders or partners is itself a corporation or partnership, that there is also set forth herein the names and addresses of the stockholders holding 10% or more of the corporation s stock or the individual partners owning a 10% or greater interest in that partnership, as the case may be. NAME ADDRESS INTEREST Page 17 of 20

18 AFFIDAVIT OF NON-COLLUSION APPENDIX E STATE OF NEW JERSEY, COUNTY OF, I, of the of in the County of, State of, of full age, being duly sworn according to law on my oath, depose and say that: I am of the firm of, The Contractor making the Proposal for the above named projects, and that I executed the said Proposal with full authority to do so; that said Contractor has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive contracting 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 State of New Jersey relies upon the truth of the statement 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 (N.J.S.A. 52:32-15) Subscribed and sworn before me (Authorized Signature) this day of, 200 (Seal) Notary Public of N.J. My commission expires:, 20. And, I further certify that this statement is complete and continued unto the names and addresses of every noncorporate stockholder and individual partner exceeding the 10% ownership criteria has been listed. And, I further certify this statement is made in compliance with Chapter 33, Laws of New Jersey of (Signature and designation of corporate office or partner) If there are questions concerning this form or its completion, refer to Statute (P.L. 1977, ch.33) N.J.S.A. 52: ATTESTED TO: (Affix Corporate Seal) Page 18 of 20

19 APPENDIX F LIQUIDATED DAMAGE PROVISION INCLUDED IN THE CONTRACT BETWEEN THE FRANKLIN TOWNSHIP BOARD OF EDUCATION AND THE CONTRACTOR The parties agree and understand that if the project is not timely completed, even with Board of Education s discretionary extensions, it would be very difficult to ascertain the actual damages sustained by the Board of Education because of the delay. Thus, the parties estimate in good faith, that the reasonable use value of the completed project to the Board of Education would be approximately per calendar day, and agree that the Contractor shall pay that amount daily as liquidated damages to the Board of Education for each calendar day s delay in completing this project beyond the time specified in the contract, and any permitted Board of Education s discretionary extensions of time. Company / Firm Authorized Signature Title Date Page 19 of 20

20 FRANKLIN TOWNSHIP BOARD OF EDUCATION Substitute Teacher Staffing Services DOCUMENT CHECKLIST* X - Required with Bid * - Required with Contract DOCUMENT INITIAL X Appendix A - Bid Proposal Form X Exhibit A- Mandatory Affirmative Action Language X Appendix B - Americans with Disabilities Act of 1990 Language X Appendix D Stockholder Disclosure Certification X Appendix E - Non-Collusion Affidavit X Business Registration Certificate X Contractor Qualifications X Detailed Proposal * Certificate of Insurance * Appendix C - Employee Information Report * Appendix F - Liquidated Damage Provision *This form need not be submitted. It is provided for bidder's use in assuring compliance with all required documentation. Page 20 of 20

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