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Bids & RFPs

10/3/2011 - Payroll Services Provider
NOTE: The City of Englewood will consider proposals only from firms or organizations that have demonstrated the capability and willingness to provide high quality services in the manner described in this Request for Proposals.



REQUEST FOR PROPOSALS

FOR THE PROVISION OF SERVICES – PAYROLL SERVICE PROVIDER

ISSUE DATE: October 5, 2011

DUE DATE: October 26, 2011

Issued by:

City of Englewood

GLOSSARY

The following definitions shall apply to and are used in this Request for Proposals:

"City" - refers to the City of Englewood.

"Proposal" - refers to the complete responses to this RFP submitted by the Respondents.

"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the City) have satisfied the proposal criteria set forth in this RFP.

"RFP" - refers to this Request for Proposals, including any amendments thereof or supplements thereto.

"Respondent" or "Respondents" - refers to the interested firm(s) that submits a Proposal.



SECTION 1

INTRODUCTION AND GENERAL INFORMATION


1.1. Introduction and Purpose.

The City is soliciting Proposals from Payroll Service Providers, as more particularly described herein. Through a Request for Proposal process described herein, those firms interested in assisting the City with the provision of such services must prepare and submit a Proposal in accordance with the procedure and schedule in this RFP. The City will review Proposals only from those firms that submit a Proposal which includes all the information required to be included as described herein (in the sole judgment of the City). The City intends to qualify firm(s) that possesses the professional, financial and administrative capabilities to provide the proposed services.

1.2. Procurement Process and Schedule.

The selection of a Respondent is not subject to the bidding provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. The selection is subject to the “New Jersey Local Unit Pay-to-Play” Law, N.J.S.A. 19:44A-20.4 et seq. and the provisions of the City of Englewood Pay to Play Ordinance (O-07-31), however. The City has structured a procurement process that seeks to obtain the desired results described above, while establishing a competitive process to assure that each firm is provided an equal opportunity to submit a Proposal in response to the RFP will be evaluated in accordance with the criteria set forth in Section 2 of this RFP, which will be applied in the same manner to each Proposal received. Respondents agree to at all times abide by all requirements of New Jersey law, including, but not limited to the aforementioned “Pay to Play” laws, as well as any and all relevant Executive Orders and the New Jersey Election Law Enforcement Commission disclosure requirements.

Proposals will be reviewed and evaluated by the City and its legal and/or financial advisors (collectively, the "Review Team"). The Proposals will be reviewed to determine if the Respondent has met the minimum professional, administrative and financial areas described in this RFP. Under no circumstances will a member of the review team review responses to an RFP for a job which they or their firm submitted a response. Based upon the totality of the information contained in the Proposal, including information about the reputation and experience of each Respondent, the City will (in its sole judgment) determine which Respondents are qualified (from professional, administrative and financial standpoints) Each Respondent that meets the requirements of the RFP (in the sole judgment of the City) will be designated as a Qualified Respondent and will be given the opportunity to participate in the selection process determined by the City.

The RFP process commences with the issuance of this RFP. The steps involved in the process and the anticipated completion dates are set forth in Table 1, Procurement Schedule. The City reserves the right to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential Respondents.

All communications concerning this RFP or the RFP process shall be directed to the City’s Designated Contact Person, in writing.

Designated Contact Person:

Timothy Dacey
City Manager
2-10 North Van Brunt Street
Englewood, N.J. 07631

Proposals must be submitted to, and be received by the City Manager’s Office, via mail or hand delivery, by 12:00 p.m. Prevailing Time on October 26, 2011. Proposals will not be accepted by facsimile transmission or e-mail.

Subsequent to issuance of this RFP, the City (through the issuance of addenda to all firms that have received a copy of the RFP) may modify, supplement or amend the provisions of this RFP in order to respond to inquiries received from prospective Respondents or as otherwise deemed necessary or appropriate by (and in the sole judgment of) the City.

TABLE 1

ANTICIPATED PROCUREMENT SCHEDULE

ACTIVITY DATE

1. Issuance of Request for Proposals October 5, 2011

2. Receipt of Proposals October 26, 2011

3. Evaluation of proposals, review by City Council and
award of contract Post October 26, 2011

Section 1.3. Conditions Applicable to RFP.

Upon submission of a Proposal in response to this RFP, the Respondent acknowledges and consents to the following conditions relative to the submission and review and consideration of its Proposal:

• All costs incurred by the Respondent in connection with responding to this RFP shall be borne solely by the Respondent.

• The City reserves the right (in its sole judgment) to reject for any reason any and all responses and components thereof and to eliminate any and all Respondents responding to this RFP from further consideration for this procurement.

• The City reserves the right (in its sole judgment) to reject any Respondent that submits incomplete responses to this RFP, or a Proposal that is not responsive to the requirements of this RFP.
• The City reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFP, or otherwise request additional information.

• All Proposals shall become the property of the City and will not be returned.

• All Proposals will be made available to the public at the appropriate time, as determined by the City (in the exercise of its sole discretion) in accordance with law.

• The City may request Respondents to send representatives to the City for interviews.

• Any and all Proposals not received by the City by 12:00 p.m. Prevailing Time on October 26, 2011 will be rejected.

• Neither the City, nor their respective staffs, consultants or advisors (including but not limited to the Review Team) shall be liable for any claims or damages resulting from the solicitation or preparation of the Proposal, nor will there be any reimbursement to Respondents for the cost of preparing and submitting a Proposal or for participating in this procurement process.

Section 1.4. Rights of City.

The City reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this RFP and the procurement process in accordance with the provisions of applicable law:

• To determine that any Proposal received complies or fails to comply with the terms of this RFP.

• To supplement, amend or otherwise modify the RFP through issuance of addenda to all prospective Respondents who have received a copy of this RFP.

• To waive any technical non-conformance with the terms of this RFP.

• To change or alter the schedule for any events called for in this RFP upon the issuance of notice to all prospective Respondents who have received a copy of this RFP.

• To conduct investigations of any or all of the Respondents, as the City deems necessary or convenient, to clarify the information provided as part of the Proposal and to request additional information to support the information included in any Proposal.

• To suspend or terminate the procurement process described in this RFP at any time (in its sole discretion.) If terminated, the City may determine to commence a new procurement process or exercise any other rights provided under applicable law without any obligation to the Respondents.

The City shall be under no obligation to complete all or any portion of the procurement process described in this RFP.
1.5 Addenda or Amendments to RFP.

During the period provided for the preparation of responses to the RFP, the City may issue addenda, amendments or answers to written inquiries. Those addenda will be noticed by the City and will constitute a part of the RFP. All responses to the RFP shall be prepared with full consideration of the addenda issued prior to the proposal submission date.

1.6 Cost of Proposal Preparation.

Each proposal and all information required to be submitted pursuant to the RFP shall be prepared at the sole cost and expense of the respondent. There shall be no claims whatsoever against the City, its staff or consultants for reimbursement for the payment of costs or expenses incurred in the preparation of the Proposal or other information required by the RFP.

1.7 Proposal Format.

Responses should cover all information requested in the Questions to be answered in this RFP.

Responses which in the judgment of the City fail to meet the requirements of the RFP or which are in any way conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors may be rejected.


SECTION 2

SCOPE OF SERVICES

It is the intent of the City to solicit Proposals from Respondents that adequately describe the type, quality, quantity and standards the City is seeking for the provision of Payroll Services. Respondents are required to complete and submit the attached forms. When submitting your proposal, please address all questions thoroughly. The Review Team will be reviewing each submittal. Please note: The most qualified responsive bidder will be awarded the contract, not necessarily the lowest bidder.

The City of Englewood employees are paid on a bi-weekly schedule for a total of twenty-six (26) pay periods per year. On average there are 385 employees paid each period. The City disburses net pay via direct deposit and check. In total about 550 W-2s are issued each year.

2.1 Services Sought

The City is seeking proposals from Respondents who can offer the following services:

• 24 Hour Payroll Delivery
• Gross to Net Preview
• Direct Deposit
• Check Signing
• Check Stuffing
• Paid Time Off Accruals Reporting
• Tax Processing
• Federal and New Jersey State Tax Filing Bi-Weekly, Quarterly and Annual
• W-2s and W-2 Reporting
• SUI Support
• Wage Garnishment Processing Service
• New Hire Reporting
• Labor Distribution
• General Ledger Integration
• Online Reports
• Custom Report Writer
• Compliance with NJAC 5:30-17 – Electronic Disbursement Controls for Payroll Purposes

In addition the following additional services are desired by the City:

• Web Based Employee Payroll Self Service
• City of Englewood Portal Website

2.2 Contractual Requirements

The contract will be awarded to the Respondent that agrees to terms and conditions set forth in NJAC 5:30-17-6 (see Appendix F)

2.3 Evaluation Criteria

The contract will be awarded to the Respondent that best meets the needs of the City. The following questionnaire shall be used for evaluating the proposals under the Competitive Contracting process:

Legal
Payroll General
• Describe your general ledger process.
• Does the system provide pre-edit reports based on user-defined parameters for gross-to-net-calculations?
• Does the application allow for the allocation of costs to any level of detail?
• How does the payroll application handle multiple account numbers for the same employee?
• Can customers view W2 information throughout the year?
• Are there start and stop dates for deductions?
• Does the system have the ability to set-up deduction with appropriate future effective date?
• Can mass increases be generated?
• Does the system allow direct entry of employee time over the Internet?
• How does your system handle manual checks?

Year End
• Describe the vendor/client responsibilities for the year end and/or year begin process.
• Does the system maintain all federal and state regulations for garnishment processing?

Tax
• Is there online access to current and historical tax information?
• How do you keep clients informed of what's going on with the various tax jurisdictions?
• Will we have a dedicated Customer Support Representative specifically to handle Tax issues?
• How are adjustments handled?
• What type of tax reports are generated each pay period?
• Will you provide copies of all tax filings?
• Can a year be held "open" while continuing to process the new year's taxes?

Compensation
• Are new hourly rates automatically calculated when salary increases are made?
• Can employee earnings be split between multiple departments on an on-going basis?
• What compensation management functions does the system support?
• What is the salary administration functionality or capability of your product?
• Can the mass increase be given to a specified subset of employees?
• Does the system provide an on-line view of the employee's total compensation package?

History/Record Keeping
• Will the system maintain unlimited history for each employee?
• Are on-line help screens available for all screens and processes?
• Can corrections be made to historical, current, and future records?
• Can search definitions be stored?
• Can your system setup non-employees or those who are non-paid?
• Define the type of data available on your system for inactive employees.
• Does the system have data archiving capabilities for inactive employees?
• Does the system provide flexibility in establishing organizational and payroll hierarchies?
• Does your system have the ability to roll back to a specific date in time?
• How long does the system maintain pay history for current and former customers?
• How many years of pay history can the employee readily access?

Application Security
• Describe the overall security scheme
• Is access to specific functions, files, and data elements restricted based on user profile or workstation ID?
• How can you prevent users from viewing and/or editing data at the field level?
• Can the administrative user control security or is it reliant on the vendor?
• Describe what happens when the system is accessed by someone without rights.
• What password authentication controls are utilized?

Reporting
• Does the system provide an integrated ad hoc report writing tool? Does the system allow generation of reports on all fields that exist in the data dictionary?
• Does the system provide flexibility for defining selection criteria, data ranges, sorting and grouping options, and report output, enabling users to tailor information to their specific needs?
• Please list any/all data formats in which report generated data may be viewed or exported to other tools
• Does the system provide point-in-time reporting capabilities?
• Does the system provide the ability to schedule standard reports?
• Does your system create dynamic organizational charts?
• Does the reporting tool have charting capabilities? Please explain.

Service & Support
• What is your customer service model?
• How many payroll clients do you serve?
• What is your payroll customer retention rate?
• What is the average tenure of your payroll customers?
• Do you use your Web site as a mechanism to provide support to your clients?
• Describe your procedure for escalating support issues.

Implementation
• Does the system allow for the importing of initial payroll data?
• Please explain your project management implementation process.
• Please provide a sample payroll implementation project plan.
• How much of the City’s data history will be converted?

Training
• What types of payroll training do you offer customers?
• Will required training be conducted on or off site?
• What training materials do you provide?
• What training options are available above and beyond basic payroll training?
















Please attach your response to Section 2, subsection 2.3



SECTION 3

SUBMISSION REQUIREMENTS

Section 3.1 General Requirements.

The Proposal submitted by the Respondent must meet or exceed the professional, administrative and financial qualifications set forth in this Section 3 and shall incorporate the information requested below.

In addition to the information required as described below, a Respondent may submit supplemental information that it feels may be useful in evaluating its Proposal. Respondents are encouraged to be clear, factual, and concise in their presentation of information.

Section 3.2 Administrative Information Requirements.

The Respondent shall, as part of its Proposal, provide the following information:

1. A Proposal Summary including:

(a) A description of its overall experience in providing the type of services sought in the RFP.

(b) Name, address and contact information of references

(c) Describe the services that Respondent would perform directly and those portions of the Respondent’s services, if any, that are sub-contracted out. Identify all subcontractors the Respondent anticipates using in connection with this project.

(d) Does the Respondent normally employ union or non-union employees?

(e) List all immediate relatives of Principal(s) of Respondent who are City employees or elected officials of the City. For purposes of the above, “immediate relative” means a spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason of relation.

2. An executed Letter of Qualification (See Appendix A to this RFP).

3. Name, address and telephone number of the firm or firms submitting the Proposal pursuant to this RFP, and the name of the key contact person.

4. A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each firm, its ownership and its organizational structure.

(a) If a firm is a partially owned or a fully-owned subsidiary of another firm, identify the parent company and describe the nature and extent of the parents' approval rights over the activities of the firm submitting a Proposal. Describe the approval process.

(b) If the Respondent is a partnership or a joint venture or similar organization, provide comparable information as required in (b) above for each member of the partnership, joint venture or similar organization.

5. An executed Letter of Intent (See Appendix B).

6. The number of years your organization has been in business under the present name and current management.

7. Any judgments, claims or suits within the last three (3) years in which Respondent has been adjudicated liable for professional malpractice. If yes, please explain.

8. Whether the business organization is now or has been involved in any bankruptcy or re-organization proceedings in the last ten (10) years. If yes, please explain.

9. Confirm appropriate federal and state licenses to perform activities.

10. The following documents are mandatory requirements of a contract award. Some of the items below are mandatory for Proposal submission. Each item will be clearly designated as being either “Mandatory for Proposal submission” or “Optional for Proposal submission”. Those items designated as “Optional for Proposal submission” become mandatory upon notification of award of contract, and must be provided prior the execution of a contract. It is preferable that the “Optional” items below are submitted with your Proposals
.
New Jersey Business Registration Certificate [Optional for Proposal submission]
Non-Collusion Affidavit (see Appendix C) [Mandatory for Proposal submission]
Stockholders Disclosure Certification (see Appendix D) [Mandatory for Proposal submission]
Affirmative Action Certification (see Appendix E) [Optional for Proposal submission]


Section 3.3 Compensation Requirements.

Interested firms must outline proposed fees and rates to be used for the term of services and for reimbursement of costs. Respondents must submit specific costs for providing the services outlined in the scope of services including all implementation and conversion costs. Alternatively, if circumstances permit, the City reserves the right to request a detailed cost proposal from Respondents.

The Cost Proposal section must include the notarized signature, printed name and title of the individual completing the Proposal for the Respondent.


SECTION 4

INSTRUCTIONS TO RESPONDENTS

4.1 Submission of Proposals.

Respondents must submit an original and two (2) copies of the Proposal to the Designated Contact Person:

Timothy Dacey
City Manager
2-10 North Van Brunt Street
Englewood, N.J. 07631

Proposals must be received by the City Manager’s Office no later than 12:00 p.m. Prevailing Time on October 26, 2011, and must be mailed or hand-delivered. Proposals forwarded by facsimile or e-mail will not be accepted.

To be responsive, Proposals must provide all requested information, and must be in strict conformance with the instructions set forth herein. Proposals and all related information must be bound, and signed and acknowledged by the Respondent.


SECTION 5

EVALUATION

The City’s objective in soliciting Proposals is to enable it to select a firm or organization that will provide high quality and cost effective services to the citizens of Englewood. The City will consider Proposals only from firms that, in the City’s judgment, have demonstrated the capability and willingness to provide high quality services to the citizens of the City in the manner described in this RFP.

Proposals will be evaluated by the City on the basis of the most advantageous, all relevant factors considered. The evaluation will consider:

1. Experience and reputation in the field;
2. Respondent’s ability to furnish the services as specified in Scope of Services;
3. Other factors demonstrated to be in the best interest of the City.








APPENDIX A

LETTER OF QUALIFICATION

(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)

[insert date]

Timothy Dacey
City Manager
2-10 North Van Brunt Street
Englewood, N.J. 07631

Dear Mr. Dacey:

The undersigned has reviewed our Proposal submitted in response to the Request for Proposals (RFP) issued by the City of Englewood ("City"), dated January 13, 2011, in connection with the City’s need for Payroll Service Provider.

I affirm that the contents of our Proposal (which Proposal is incorporated herein by reference) are accurate, factual and complete to the best of our knowledge and belief and that the Proposal is submitted in good faith upon express understanding that any false statement may result in the disqualification of (Name of Respondent).

(Respondent shall sign and complete the spaces provided below. If a joint venture, appropriate officers of each company shall sign.)


(Signature)

(Typed Name and Title)

(Type Name of Firm)



APPENDIX B

LETTER OF INTENT


(Note: To be typed on Respondent's Letterhead. No modifications may be made to this letter)

[insert date]

Tim Dacey
City Manager
2-10 North Van Brunt Street
Englewood, N.J. 07631

Dear Mr. Dacey:

The undersigned, as Respondent, has submitted the attached Proposal in response to a Request for Proposals (RFP), issued by the City of Englewood ("City"), dated October XX, 2011 in connection with the City’s need for Payroll Service Provider.


(Name of Respondent) HEREBY STATES:

1. The Proposal contains accurate, factual and complete information.

2. (Name of Respondent) agrees to participate in good faith in the procurement process as described in the RFP and to adhere to the City's procurement schedule.

3. (Name of Respondent) acknowledges that all costs incurred by it in connection with the preparation and submission of the Proposal and any proposal prepared and submitted in response to the RFP, or any negotiation which results therefrom shall be borne exclusively by the Respondent.

4. (Name of Respondent) hereby declares that the only persons participating in this Proposal as Principals are named herein and that no person other than those herein mentioned has any participation in this Proposal or in any contract to be entered into with respect thereto. Additional persons may subsequently be included as participating Principals, but only if acceptable to the City. (Name of Respondent) declares that this Proposal is made without connection with any other person, firm or parties who has submitted a Proposal, except as expressly set forth below and that it has been prepared and has been submitted in good faith and without collusion or fraud.

6. (Name of Respondent) acknowledges and agrees that the City may modify, amend, suspend and/or terminate the procurement process (in its sole judgment). In any case, the City shall not have any liability to the Respondent for any costs incurred by the Respondent with respect to the procurement activities described in this RFP.

7. (Name of Respondent) acknowledges that any contract executed with respect to the provision of Payroll Service Provider must comply with all applicable affirmative action and similar laws. Respondent hereby agrees to take such actions as are required in order to comply with such applicable laws.

(Respondent shall sign and complete the space provided below. If a joint venture, appropriate officers of each company shall sign.)


(Signature)______________

(Typed Name and Title)

(Type Name of Firm)
























APPENDIX C

NON-COLLUSION AFFIDAVIT
State of New Jersey
County of _________________ ss:

I, ________________________________ residing in

___________________________________ (name of affiant) (name of municipality)

in the County of _______________________________ and State of _____________________of

full age, being duly sworn according to law on my oath depose and say that:
I am _____________________________________ of the firm of _________________________
(title or position) (name of firm)
_____________________________________ the Proposer making this Proposal for the RFQ

entitled ______________________________, and that I executed the said proposal with
(title of RFP proposal)
full authority to do so that said Proposer has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive proposals 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 ______________ _________________________relies upon the truth of the statements contained in said Proposal (name of contracting unit)
and in the statements contained in this affidavit in awarding the contract for the said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by _________________________________________________.

Subscribed and sworn to
before me this day _____________________________
Signature
________________, 2____

___________________________________
(Type or print name of affiant under signature)

_____________________________
Notary public of

My Commission expires _______________
(Seal)
APPENDIX D (page 1 of 2)

STOCKHOLDER DISCLOSURE CERTIFICATION
This Statement Shall Be Included with Proposal 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

Sign and notarize the form below, and, if necessary, complete the stockholder list below.

Stockholders:

Name: ______________________________ Name: ______________________________

Home Address: _______________________

____________________________________

Home Address: _______________________

____________________________________
Name: ______________________________ Name: ______________________________

Home Address: _______________________

____________________________________

Home Address: _______________________

____________________________________
Name: ______________________________
Name: ______________________________

Home Address: _______________________

____________________________________ Home Address: _______________________

____________________________________


APPENDIX D (page 2 of 2)



Subscribed and sworn before me this ___ day of ___________ , 2 __.

(Notary Public)

My Commission expires: _________________________________
(Affiant)

________________________________
(Print name & title of affiant)

(Corporate Seal)



































APPENDIX E (page 1 of 2)

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., 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, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the Contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The Contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

The Contractor or subcontractor agrees to make good faith efforts to afford equal employment opportunities to minority and women workers consistent with good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2, or good faith efforts to meet targeted county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.

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.


APPENDIX E (page 2 of 2)

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, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The Contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval

Certificate of Employee Information Report

Employee Information Report Form AA302

The Contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the Division 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.

The undersigned Contractor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.1 et seq. and agrees to furnish the required forms of evidence.

COMPANY: _______________________ SIGNATURE:________________________

PRINT NAME:_____________________ TITLE: ____________________________

DATE: __________________







APPENDIX F

Contracts Terms and Conditions
N.J.A.C. 5:30-17.6

The final section of the rule at N.J.A.C. 5:30-17.6 is a series of contractual requirements that all contracts between servicer and local units must contain. Contracts must:
1. Indemnify the local unit against any losses incurred because of the actions or inactions of the servicer;
2. Require the servicer to be responsible for the errors and omissions of its employees,
particularly where errors and omissions prevent timely disbursements on behalf of the local unit from being made, including penalties, fines, interest, and damages;
3. When a servicer takes local unit funds, they must have adequate insurance to cover losses in amounts at least equal to the highest level of exposure to the local unit for 30 days;
4. Require that the servicer have a written complaint procedure with, at a minimum, a complaint log;
5. Upon reasonable notice, the servicer shall allow an independent auditor compensated by the local unit to examine its internal controls;
6. All disputes between the parties and disputes concerning the contract or its operation shall be in writing and forwarded to the other party via registered mail; and,
7. Specify the information required by the local unit to enable it to reconcile its books and
records.

In addition, all contracts shall have appropriate provisions for:
• Dispute resolution between the parties, service of process to the servicer in New Jersey, and application of New Jersey law in resolving disputes.
• Within five working days of each disbursement, the servicer shall provide to the approval
officer reports and documentation supporting the disbursements.
• Corrections and adjustments to be completed and provided to the local unit promptly.
• Copies of notices, memoranda, complaints or other correspondence received by the disbursing organization regarding local unit accounts to be forwarded to the local unit within 48 hours of receipt.
• Provisions for termination of the contract.
• The contract must require that no disbursement is made unless the demand for payment meets the local unit’s requirements for paying claims (net paychecks and agency payments); that is the use of vouchers and other documentation must comply with local procedures. If there are no local procedures they must meet the requirement of the rules and N.J.S.A. 18A:19-2 for school districts, and N.J.S.A. 40A:5-16 for all other local units.
The rule also provides that contracts for these services are not data processing service contracts under N.J.S.A. 40A:11-15(5) and 18A:18A-42(d). This limits the length of the contract to two years, subject to a two-year extension.

Finally, the rule requires that all contracts shall be in writing and executed by all parties, including intermediaries, such as banks providing payroll services as part of a compensating balance agreement. This means that any relationship where a bank provides the service through compensating balance agreements requires that the bank be a party to the contract.