Sale of Property

Sale of Real Property 1 | P a g e LAKEWOOD BOARD OF EDUCATION LAKEWOOD, NEW JERSEY 08701 BID ADVERTISEMENT & NOTICE TO BIDDERS Sale of Real Property Bid Number SRP #01-2021 NOTICE is hereby given to all bidders, in accordance with N.J.S.A. 18A:20-6-7, the Board of Education of the Township of Lakewood, in the County of Ocean, New Jersey, will receive sealed bids for the sale of a certain parcel of land located in the Township and identified on the tax assessment map of said municipality as Property for Sale 855 Somerset Avenue Portion of Block Number 209 Lot Number 1.01 Lakewood, New Jersey 08701 The parcel of land as identified will be sold together with the buildings and other improvements, if any, thereupon and all appurtenances, fixtures, privileges and easements pertaining to or benefiting said real property. Bid Specifications Bid specifications are available and may be requested via e-mail from Mr. Kevin Campbell Assistant School Business Administrator/Board Secretary

email:dpiasentini@lakewoodpiners.org Bids are to be delivered in a sealed envelope to Mr. Kevin Campbell Assistant School Business Administrator/Board Secretary Lakewood Board of Education 200 Ramsey Avenue Lakewood, New Jersey 08701 Sale of Real Property 2 | P a g e Bid Opening Date and Time Sealed bids are to be delivered to the Board of Education no later than Thursday, August 20, 2020 11:00 a.m. Bid Envelope The bid envelope is to be clearly marked Bid Number SRP #01-2021---Sale of Real Property. Bid Opening Process The bid opening process will begin on the Thursday, August 20, 2020 at 11:00 a.m. On the advertised date and time, the Assistant School Business Administrator/Board Secretary shall publicly receive and unseal all bids. No bids shall be received after the advertised date and time. Public Inspection of Property—Appointment The parcel of land for sale is open for public inspection. All parties interested in viewing the property are to set an appointment with Mr. Kevin Campbell Interim School Business Administrator/Board Secretary Telephone: 732.364.2400 Ext. 7044 Fixed Minimum Price The Lakewood Board of Education, pursuant to N.J.S.A. 18A:20-7 (a), has set a minimum price to be met for the sale of Board of Education real property, 855 Somerset Avenue—Portion of Block 209, Lot 1.01 of $ 1,000,293.53 . The Board reserves the right not to consider any bid received, that does not meet the minimum fixed price set by the Board Conditions of Sale Said property is being offered for sale with a condition that the Board is issuing no representations or warranties as to the permissibility or advisability of building or constructing improvements on said property The successful bidder is solely responsible for obtaining any and all local, county or state permits and/or approvals to construct any improvement on the property. Said property is being offered for sale with the No residential or educational facilities can be built on property unless acceptable to the Board of Education. Property cannot be assigned prior to closing. These conditions shall survive closing. The Board makes no representations as to any existing environmental conditions or any ISRA requirements that may be applicable to the property. Sale of Real Property 3 | P a g e Bid Deposit—Ten (10%) Percent A bid deposit of ten (10%) percent of the total amount of the bid price must be accompanied with the bid. The Board of Education will only accept certified or cashiers check made payable to the Lakewood Board of Education as a form of a bid deposit. All bid deposits will be returned to unsuccessful bidders. Evaluation of Bids/Board Action All bids received will be evaluated and shall be referred to the Board of Education for review and final approval. The Board reserves the right to accept or reject the highest bid and/or to reject any and all bids if the minimum fixed price is not met. The actions of the Board to accept or reject all bids shall be made no later than the second regular meeting of the Board following the date of the advertisement. All monies from the sale of land must be used for public school students only. Closing procedures will be outlined in the bid specification package. All respondents are required to comply with the requirements of N.J.S.A. 10:5-31 et seq., Affirmative Action Against Discrimination and N.J.A.C. 17:27 et seq. By order of Mr. Kevin Campbell Assistant School Business Administrator/Board Secretary Lakewood Board of Education Sale of Real Property 4 | P a g e LAKEWOOD BOARD OF EDUCATION LAKEWOOD, NEW JERSEY 08701 Sale of Real Property INSTRUCTIONS TO BIDDERS 1. BIDS ARE TO BE SUBMITTED TO: Kevin Campbell Assistant Business Administrator/Board Secretary Lakewood Board of Education 200 Ramsey Avenue Lakewood, New Jersey 08701 BY: 11:00 a.m. PREVAILING TIME ON: Thursday, August 20, 2020 Bids may be submitted by mail, delivery service or in person. Bids that are submitted are to be sealed and will be unsealed and announced at the bid opening meeting. 2. Bids must be placed in a sealed envelope/package, clearly marked with the Sale of Real Property on the front of the envelope/package. District: Lakewood Board of Education Bid Number: SRP #01-2021 Project: Sale of Real Property Bid Date: Thursday, August 20, 2020_____ Bid Time: 11:00 a.m. Bidder: Name of Company Address City, State Zip 3. Failure to properly label the bid envelope may lead to the rejection of the bid. 4. BID OPENING MEETING All bids will be publicly received and unsealed by the School Business Administrator/Board Secretary opened in the Board of Education, 200 Ramsey Avenue, Lakewood, New Jersey 08701 and read beginning at 11:00 a.m. on Thursday, August 20, 2020. Bidders and/or their authorized agents, and the general public are invited to be present at the bid opening. It is the responsibility of each bidder to ensure that their bid is complete and presented to the School Business Administrator/Board Secretary prior to the advertised bid date and time. No bids shall be received or accepted by the Board of Education after the advertised bid date and time. (N.J.S.A. 18A:18A:21(b)) Sale of Real Property 5 | P a g e 5. AFFIRMATIVE ACTION REQUIREMENTS Each company shall submit to the Board of Education, after notification of award, but prior to execution of a goods and services contract, one of the following three documents:  Appropriate evidence that the contractor is operating under an existing federally approved or sanctioned affirmative action program;  A certificate of Employee Information Report approval issued in accordance with N.J.A.C.17:27-4; or  The successful bidder (respondent) shall complete an Employee Information Report, Form AA-302, and submit it to the Division of Purchase and Property Contract Compliance and Audit Unit with a check or money order for $150.00 made payable to the Treasurer, State of NJ and forward a copy of the form and check/money order to the board of education. Upon submission and review by the Division, the Report shall constitute evidence of compliance with the regulations. Please note: A completed and signed Affirmative Action Questionnaire is requested with submission of bid/proposal. However, the Board will accept in lieu of the Questionnaire, Affirmative Action Evidence in the form of a current Certificate of Employee Information Report submitted with the bid/proposal. If awarded a contract your company/firm will be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq., and the terms and conditions of the Mandatory Equal Employment Opportunity Language—Exhibit A. Sample Certificate of Employee Information Report All respondents are urged to submit with their response, a copy of their firm’s Certificate of Employee Information Report. Failure to submit the Certificate or other required documents prior to the execution or award of contract will result in the rejection of the bid/proposal. Sale of Real Property 6 | P a g e 6. AMERICANS WITH DISABILITIES ACT The contractor must comply with all provisions of the Americans with Disabilities Act (ADA), P.L 101-336, in accordance with 42 U.S.C. S121 01 et seq. 7. ANTI-DISCRIMINATION PROVISIONS—N.J.S.A. 10:2-1 N.J.S.A. 10:2-1. Antidiscrimination provisions. Every contract for or on behalf of the State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that: a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates; b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex; c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract. No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.). http://njlaw.rutgers.edu/cgi-bin/njstats/getnjstat3.cgi?yr=1985&chap=490 Sale of Real Property 7 | P a g e 8. BID DEPOSIT—TEN (10%) PERCENT A bid deposit of ten (10%) percent of the total amount of the bid price must be accompanied with the bid. The Board of Education will only accept certified or cashier’s check made payable to the Lakewood Board of Education as a form of a bid deposit. All bid deposits will be returned to unsuccessful bidders. 9. BID PROPOSAL FORM All bids are to be written in by typewriter or ink in a legible manner on the official Bid Proposal Form. Any bid price showing any erasure or alteration must be initialed by the bidder in ink, at the right margin next to the altered entry. Failure to initial any erasure or alteration may be cause to disqualify that particular bid entry. If the disqualified entry is a required one, the entire bid may be subject to rejection. Bidders are urged fill out and complete all entries with care. The Bid Proposal Form must be duly signed by the authorized representative of the company in the appropriate space, at the end of the Bid Proposal Form. Failure to sign the Bid Proposal Form may be cause to disqualify the entire bid. If the Bid Proposal Form contains more than one sheet, then bidders are requested to affix the company name and address on each intervening sheet between the front sheet and the signature sheet which already bear the company information. The Board of Education will not consider any bid on which there is any alteration to, or departure from, the bid specifications. Bidders are not to make any changes on the Bid Proposal Form, or qualify their bid with conditions differing from those defined in the bid specification documents. 10. BIDDER’S RESPONSIBILITY FOR BID SUBMITTAL It is the responsibility of the bidder to ensure that their bid is presented to the Office of the School Business Administrator/Board Secretary and officially received before the advertised date and time of the bid. It is understood and agreed upon that any person in the Board of Education will be absolved from responsibility for the premature opening of any bid envelope not properly labeled and sealed. 11. BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44) Pursuant to N.J.S.A. 52:32-44, the board of education is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury. Request of the Board of Education All bidders or companies providing responses for requested proposals, are requested to submit with their response package a copy of their “New Jersey Business Registration Certificate” as issued by the Department of Treasury of the State of New Jersey. The Board reminds all respondents that failure to submit the New Jersey Business Registration Certificate prior to the award of contract will result in the rejection of the proposal. Sale of Real Property 8 | P a g e N.J.S.A. 54:49-4.1: Violations of Registration Requirements; Penalties. A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001, c.134 (C.52:32-44 et al.) or subsection e. or f. of section 92 of P.L.1977, c.110 (C.5:12-92), or that provides false information of business registration under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency or under a casino service industry enterprise contract. 12. CHALLENGES TO BID SPECIFICATIONS (N.J.S.A. 18A:18A-15) Any prospective bidder who wishes to challenge a bid specification shall file such challenge in writing with the School Business Administrator/Board Secretary no less than three (3) business days prior to the opening of bids. Challenges filed after that time shall be considered void and having no impact on the Board of Education or the award of a contract. 13. COMPLIANCE WITH ALL LAWS -- Where applicable Special attention is called to requirements for Public Liability and Property Damage Insurance, Workmen’s Compensation Insurance, Social Security Act, Labor, Employment, Unemployment, Wages, Hours, Discrimination in Employment and Assignment of Contract. The provisions of the New Jersey School Law shall bind all parties and interests to the Contract. Contractor shall comply with all Federal and State Laws, and all rules and regulations of health, public or other authorities controlling or limiting the methods, materials to be used or actions of those employed in work of this kind. Contractor shall keep himself informed of all existing and future State and Federal Laws in any manner affecting those engaged or employed in the work, and shall protect and indemnify the Owner, its officers, members and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation order or defects. 14. CONTRACTOR/VENDOR REQUIREMENTS—ACCESS AND MAINTENANCE OF RECORDS Contractors/vendors doing business with the board of education are reminded of the following legal requirements pertaining to the Office of the New Jersey State Comptroller: A. Access to Relevant Documents and Information—N.J.S.A. 52:15C-14 (d) Private vendors or other persons contracting with or receiving funds from a unit in the Executive branch of State government, including an entity exercising executive branch authority, independent State authority, public institution of higher education, or unit of local government or board of education shall upon request by the State Comptroller provide the State Comptroller with prompt access to all relevant documents and information as a condition of the contract and receipt of public monies. The State Comptroller shall not disclose any document or information to which access is provided that is confidential or proprietary. If the State Comptroller finds that any person receiving funds from a unit in the Executive branch of State government, including an entity exercising executive branch authority, independent State authority, public institution of higher education, or unit of local government or board of education refuses to provide information upon the request of the State Comptroller, or otherwise impedes or fails to cooperate with any audit or performance review, the State Comptroller may http://njlaw.rutgers.edu/cgi-bin/njstats/getnjstat.cgi?yr=2001&chap=134 http://njlaw.rutgers.edu/cgi-bin/njstats/getnjstat.cgi?yr=1977&chap=110 Sale of Real Property 9 | P a g e Recommend to the contracting unit that the person be subject to termination of their contract, or temporarily or permanently debarred from contracting with the contracting unit. B. Maintenance of Contract Records—N.J.A.C. 17:44-2.2 Relevant records of private vendors or other persons entering into contracts with covered entities are subject to audit or review by OSC pursuant to N.J.S.A. 52:15C-14(d). The contractor/vendor, to whom a contract has been awarded, shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. 15. DEBARMENT, SUSPENSION, OR DISQUALIFICATION The Board of Education will not enter into a contract for work with any person, company or firm that is on the State Department of Labor and Workforce Development; Prevailing Wage Debarment List, or the State of New Jersey Consolidated Debarment Report (www.state.nj.us/treasury/debarred). All bidders are required to submit a sworn statement indicating whether or not the bidder is, at the time of the bid, included on the State Department of Labor and Workforce Development; Prevailing Wage Debarment List or the State of New Jersey Consolidated Debarment Report, or the Federal Debarred Vendor List--Excluded Parties List System—System for Award Management—SAM.gov 16. DOCUMENTS, MISSING/ILLEGIBLE The bidder shall familiarize himself with all forms provided by the Board that are to be returned with the bid. If there are any forms either missing or illegible, it is the responsibility of the bidder to contact the School Business Administrator/Board Secretary at for duplicate copies of the forms. This must be done before the bid date and time. The Board accepts no responsibility for duplicate forms that were not received by the bidder in time for the bidder to submit with his bid. 17. DOCUMENT SIGNATURES – ORIGINAL; BLUE INK All documents submitted with this bid shall be signed with an original signature in ink (blue). Failure to sign and return all required documents with the bid package may be cause for disqualification and for the bid to be rejected pursuant to N.J.S.A. 18A:18A-2(y) (non-responsive). The Board will not accept facsimile or rubber stamp signatures. Forms provided by the Board of Education that must be returned with bid. Please check your bid package for these forms!  Acknowledgement of Addenda  Affirmative Action Questionnaire  Bid Proposal Form  Chapter 271 Political Contribution Disclosure Form  Contractor/Vendor Questionnaire /Certification  Disclosure of Investment Activities in Iran Sale of Real Property 10 | P a g e  Non-Collusion Affidavit  Statement of Ownership 18. EXAMINATION OF SPECIFICATIONS, ACKNOWLEDGEMENT The bidder, by submitting a proposal, acknowledges that he has carefully examined the bid specifications, documents, addenda (if any), and the site; and that from his investigation, he has satisfied himself as to the nature and location of the work, the general and local conditions and all matters which may in any way affect the work or its performance, and that as a result of such examination, he fully understands the intent and purpose thereof, his obligations thereunder, and that he will not make any claim for, or have any right to damages, because of the lack of any information. 19. FALSE MATERIAL REPRESENTATION – N.J.S.A. 2C:21-34-97(b) A person commits a crime if the person knowingly makes a material representation that is false in connection with the negotiation, award or performance of a government contract. If the contract amount is for $25,000.00 or above, the offender is guilty of a crime of the second degree. If the contract amount exceeds $2,500.00, but is less than $25,000.00, the offender is guilty of a crime of the third degree. If the contract amount is for $2,500.00 or less, the offender is guilty of a crime of the fourth degree. Bidders should be aware of the following statutes that represent “Truth in Contracting” laws:  N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.  N.J.S.A. 2C:27-10 provides that a public servant commits a crime if said public servant solicits or receives a benefit directly or indirectly, for an official act performed or to be performed by a public servant, which is a violation of official duty.  N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant. 20. FORCE MAJEURE Neither party shall be liable in damages for any failure, hindrance or delay in the performance of any obligation under this Agreement if such delay, hindrance or failure to perform is caused by conditions beyond the control of either party, including, but not limited to, Acts of God, flood, fire, war or the public enemy, explosion, government regulations whether or not valid (including the denial or cancellation of any export or other necessary license), court order, state funding, or other unavoidable causes beyond the reasonable control of the party whose performance is affected which cannot be overcome by due diligence. Vendors, and/or contractors who have a contract with the Board of Education to provide goods or services cannot unilaterally claim an increase in the cost of the contract because of Force Majeure. Sale of Real Property 11 | P a g e 21. INTERPRETATIONS AND ADDENDA No interpretation of the meaning of the specifications will be made to any bidder orally. Every request for such interpretations should be made in writing to the School Business Administrator/Board Secretary must be received at least ten (10) days, not including Saturdays, Sundays and holidays, prior to the date fixed for the opening of bids to be given consideration. Any and all interpretations and any supplemental instructions will be distributed in the form of a written addenda to the specifications. The addenda will be provided in accordance with N.J.S.A. 18A:18A-21(c) to the bidders by certified mail or certified fax no later than seven (7) days Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids. All addenda so issued shall become part of the contract document. 22. IRAN DISCLOSURE OF INVESTMENT ACTIVITIES N.J.S.A. 18A:18A-49.4 The Board of Education, pursuant to N.J.S.A. 18A:18A-49.4, shall implement and comply with Public Law 2012, c.25, Disclosure of Investment Activities in Iran—N.J.S.A. 52:32-55 et seq. Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract, must complete a certification attesting, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury’s Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Divisions website http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. If the Board determines that a person or entity has submitted a false certification concerning its engagement in investment activities in Iran under section 4 of P.L.2012, c.25 (C.52:32-58), the board shall report to the New Jersey Attorney General the name of that person or entity, and the Attorney General shall determine whether to bring a civil action against the person to collect the penalty prescribed in paragraph (1) of subsection a. of section 5 of P.L.2012, c.25 (C.52:32-59). In addition, bidders must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes on the lower portion of the enclosed form. The Board has provided within the specifications, a Disclosure of Investments Activities certification form for all persons or entities, that plan to submit a bid, respond to a proposal, or renew a contract with the board, to complete, sign and submit with the proposal. Failure to complete, sign and submit the Disclosure of Investment Activities in Iran form with the bid/proposal shall be cause for rejection of the proposal. http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf Sale of Real Property 12 | P a g e 23. LIABILITY – COPYRIGHT The contractor shall hold and save the Board of Education, its officials and employees, harmless from liability of any nature or kind for or on account of the use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of his contract. 24. NON-COLLUSION AFFIDAVIT A notarized Non-Collusion Affidavit shall be submitted with the bid/proposal. The bidder/respondent has to certify that he has not directly or indirectly, entered into any agreement, participated in any collusion, discussed any or all parts of this proposal with any potential bidders, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named bid, and that all statements contained in said Proposal and in this affidavit are true and correct, and made with full knowledge that the Board of Education relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said bid. The respondent has to 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 of bona fide established commercial or selling agencies maintained by the respondent. The Board of Education has provided a Non-Collusion Affidavit form here within the specifications package. All respondents are to complete, sign, have the signature notarized and submit the form with the proposal response. Failure to submit the Non-Collusion Affidavit with the proposal may be cause for the disqualification of the proposal. 25. POLITICAL CONTRIBUTIONS DISCLOSURE – PAY TO PLAY Annual Disclosure A business entity as defined by law is advised of its responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-20.13 (P.L. 2005 Chapter 271 section 3) if the business entity receives contracts in excess of $50,000 from public entities in a calendar year. It is the business entity’s responsibility to determine if filing is necessary. Additional information on this requirement is available from the New Jersey Election Law Enforcement commission at 1-888-313-3532 or at www.elec.nj.us. http://www.elec.nj.us/ Sale of Real Property 13 | P a g e Chapter 271 Political Contribution Disclosure Form Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) 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: of the public entity awarding the contract of that county in which that public entity is located of another public entity within that county 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. The Board of Education has provided a Chapter 271 Political Contribution Disclosure Form within the specifications package for use by the business entity. The Board has also provided a list of agencies to assist the contractor. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. 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 Chapter 271 Political Contribution Disclosure 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. POLITICAL CONTRIBUTIONS/AWARD OF CONTRACTS Pursuant to N.J.A.C. 6A:23A-6.3 (a) (1-4) please note the following: Award of Contract -- Reportable Contributions -- N.J.A.C. 6A:23A-6.3 (a) (1) “No board of education will vote upon or award any contract in the amount of $17,500 or greater to any business entity which has made a contribution reportable by the recipient under P.L.1973, c83 (codified at N.J.S.A. 19:44A-1 et seq.) to a member of the board of education during the preceding one year period. Sale of Real Property 14 | P a g e Contributions During Term of Contract – Prohibited -- N.J.A.C. 6A:23A-6.3 (a) (2-3) “Contributions reportable by the recipient under P.L. 1973, c83 (codified at N.J.S.A. 19:44A-1 et seq.) to any member of the school board from any business entity doing business with the school district are prohibited during the term of the contract.” “When a business entity referred in 4.1(e) is a natural person, contribution by that person’s spouse or child that resides therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity.” Chapter 271 Political Contribution Disclosure Form – Required -- N.J.A.C. 6A:23A-6.3 (a) (4) All business entities shall submit with their bid/proposal package a completed and signed Chapter 271 Political Contribution Disclosure Form. The Chapter 271 form will be reviewed by the Board to determine whether the business entity is in compliance with the aforementioned N.J.A.C. 6A:23A-6.3 (a) (2) Award of Contract. The Chapter 271 Political Contribution Disclosure form shall be submitted with the response to the bid/proposal. Failure to provide the completed and signed form may be cause for disqualification of the bid/proposal. 26. STATEMENT OF OWNERSHIP (N.J.S.A. 52:25-24.2) No business organization, regardless of form of ownership, shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said business organization, bidders shall submit a statement setting forth the names and addresses of all persons and entities that own ten percent or more of its stock or interest of any type at all levels of ownership. The included Statement of Ownership shall be completed and attached to the bid proposal. This requirement applies to all forms of business organizations, including, but not limited to, corporations and partnerships, publicly-owned corporations, limited partnerships, limited liability corporations, limited liability partnerships, sole proprietorship, and Subchapter S corporations. Failure to submit a disclosure document shall result in rejection of the bid as it cannot be remedied after bids have been opened. Not-for-profit entities should fill in their name, check the not-for-profit box, and certify the form. No other information is required. 27. WITHDRAWAL OF BIDS Before The Bid Opening The School Business Administrator/Board Secretary may consider a written request from a bidder to withdraw a bid if the written request is received by the School Business Administrator/Board Secretary before the advertised time of the bid opening. Any bidder who has been granted permission by the School Business Administrator/Board Secretary to have his/her bid withdrawn cannot re-submit a bid for Sale of Real Property 15 | P a g e the same advertised bid project. That bidder shall also be disqualified from future bidding on the same project if the project is re-bid. After The Bid Opening The Board of Education may consider a written request from a bidder to withdraw a bid, if the written request is received by the School Business Administrator/Board Secretary within five (5) business days after the bid opening. A request to withdraw a bid after the specified number of days will not be honored. The contractor/vendor who wishes to withdraw a bid must provide a certification supported by written factual evidence that an error or omission was made by the contractor and that the error or omission was a substantial computational error or an unintentional omission or both. The request to withdraw a bid after the bid opening may be reviewed by the School Business Administrator/Board Secretary, other interested administrators; and/or the Board Attorney and a recommendation will be made to the Board of Education. If the Board of Education grants permission to have the bid withdrawn the contractor/vendor shall be disqualified from bidding on the same project if the project is re-bid. If the contractor/vendor fails to meet the burden of proof to have the bid withdrawn the request to withdraw the bid will be denied and if the contractor/vendor fails to execute the contract the bid guarantee will be forfeited and become property of the Board of Education. Sale of Real Property 16 | P a g e LAKEWOOD BOARD OF EDUCATION BID DOCUMENTS AND REQUIRED DOCUMENTATION All documents in this section shall be completed, signed and submitted with the bid package – Failure to submit the bid documents and other documents so specified may be cause to reject the bid for being non-responsive (N.J.S.A. 18A:18A-2(y)). Kevin Campbell Assistant School Business Administrator/Board Secretary Sale of Real Property 17 | P a g e To be completed, signed and returned with Bid. ACKNOWLEDGEMENT OF ADDENDA Bid No. SRP #01-2021 Bid Date: Thursday, August 20, 2020 The bidder acknowledges receipt of the hereinafter enumerated Addenda which have been issued during period of bidding and agrees that said Addenda shall become a part of this contract. The bidder shall list below the numbers and issuing dates of the Addenda. ADDENDA NO. ISSUING DATES  No Addenda Received Name of Company Address _________________________________________________P.O. Box City, State, Zip Code Name of Authorized Representative Signature ___________________________________ Date Sale of Real Property 18 | P a g e To be completed, signed and returned with Bid. AFFIRMATIVE ACTION QUESTIONNAIRE Bid No. SRP #01-2021 Bid Date: Thursday, August 20, 2020 This form is to be completed and returned with the bid. However, the Board will accept in lieu of this Questionnaire, Affirmative Action Evidence Employee Information Report stapled to this page. 1. Our company has a federal Affirmative Action Plan approval.  Yes  No If yes, please attach a copy of the plan to this questionnaire. 2. Our company has a N.J. State Certificate of Employee Information Report  Yes  No If yes, please attach a copy of the certificate to this questionnaire. 3. If you answered “NO” to both questions No. 1 and 2, you must apply for an Affirmative Action Employee Information Report – Form AA302. Please visit the New Jersey Department of Treasury website for the Division of Public Contracts Equal Employment Opportunity Compliance: www.state.nj.us/treasury/contract compliance/ a. Click on “Employee Information Report” b. Complete and submit the form with the appropriate payment to: Department of Treasury Division of Purchase and Property Contract Compliance and Audit Unit EEO Monitoring P.O. Box 206 Trenton, NJ 08625-0206 All fees for this application are to be paid directly to the State of New Jersey. A copy shall be submitted to the Board of Education prior to the execution or award of contract. I certify that the above information is correct to the best of my knowledge. Name: __________________________________________________________________ Signature _______________________________________________________________ Title ___________________________________________ Date _____________________ Name of Company__________________________________________________________ Address __________________________________________________________________ City, State, Zip _____________________________________________________________ http://www.state.nj.us/treasury/contract%20compliance/ Sale of Real Property 19 | P a g e To be completed, signed and returned with Bid. CONTRACTOR/VENDOR QUESTIONNAIRE CERTIFICATION Sale of Real Property Bid No. SRP #01-2021 Bid Date: Thursday, August 20, 2020 Name of Company _____________________________________________________________ Address PO Box _____________ City, State, Zip ________________________________________________________________ Business Phone Number (____) _________________________ Ext. ___________________ Emergency Phone Number (_____) ______________________________________________ FAX No. (____)________________________ E-Mail _________________________________ FEIN No. ______________________________ Years in Business Number of Employees __________________ References Name Address Contact Person/Title Phone 1. 2. 3. Vendor Certification Direct/Indirect Interests I declare and certify that no member of the Lakewood Board of Education, nor any officer or employee or person whose salary is payable in whole or in part by said Board of Education or their immediate family members are directly or indirectly interested in this bid or in the supplies, materials, equipment, work or services to which it relates, or in any portion of profits thereof. If a situation so exists where a Board member, employee, officer of the board has an interest in the bid, etc., then please attach a letter of explanation to this document, duly signed by the president of the firm or company. Gifts; Gratuities; Compensation I declare and certify that no person from my firm, business, corporation, association or partnership offered or paid any fee, commission or compensation, or offered any gift, gratuity or other thing of value to any school official, board member or employee of the Lakewood Board of Education. Vendor Certifications I declare and certify that I fully understand N.J.A.C. 6A:23A-6.3(a) (1-4) concerning vendor contributions to school board members. I certify that my company is not debarred from doing business with any public entity in New Jersey or the United States of America. I further certify that I understand that it is a crime in the second degree in New Jersey to knowingly make a material representation that is false in connection with the negotiation, award or performance of a government contract. __________________________________ ________________________________________ President or Authorized Agent (Print) SIGNATURE Sale of Real Property 20 | P a g e To be completed, signed and returned with Bid. Sale of Real Property 21 | P a g e To be completed, signed and returned with Bid. NON-COLLUSION AFFIDAVIT Sale of Real Property Re: Bid/Proposal for the Lakewood Board of Education. Bid No. SRP #01-2021 STATE OF ________________________ Bid Date: Thursday, August 20, 2020 :ss: COUNTY OF ______________________ I, ____________________________________ of the City of ____________________________ in the County of __________________________ and the State of _________________________ of full age, being duly sworn according to law on my oath depose and say that: I am____________________________________ of the firm of __________________________________ Position in Company and the bidder making the Proposal for the above names contract, and that I executed the said Proposal with full authority so to do; that I have not, directly or indirectly, entered into any agreement, participated in any collusion, discussed any or all parts of this proposal with any potential bidders, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named bid, and that all statements contained in said Proposal and in this affidavit are true and correct, and made with full knowledge that the Board of Education relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said bid. 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 of bona fide established commercial or selling agencies maintained by __________________________________________________________________________________ (Print Name of Contractor/Vendor) Subscribed and sworn to: __________________________________________________________ (SIGNATURE OF CONTRACTOR/VENDOR) before me this _______ day of _______________________, . Month Year ____________________________________ _____________________________ NOTARY PUBLIC SIGNATURE Print Name of Notary Public My commission expires ______________________ _________________, ________. - Seal – Month Day Year Sale of Real Property 22 | P a g e To be completed, signed and returned with Bid STATEMENT OF OWNERSHIP DISCLOSURE N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal. Name of Organization:_____________________________________________________________ Organization Address:_____________________________________________________________ City, State, ZIP:__________________________________________________________________ Part I Check the box that represents the type of business organization: Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________ Part II Check the appropriate box The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV) (Please attach additional sheets if more space is needed): Name of Individual or Business Entity Home Address (for Individuals) or Business Address Sale of Real Property 23 | P a g e Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed. Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed. Stockholder/Partner/Member and Corresponding Entity Listed in Part II Home Address (for Individuals) or Business Address Part IV Certification I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the Lakewood Board of Education is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with the Board of Education to notify the Board of Education in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the Board of Education to declare any contract(s) resulting from this certification void and unenforceable. Full Name (Print): Title: Signature: Date: This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal. Sale of Real Property 24 | P a g e To be completed, signed and returned with Bid. Lakewood Board of Education Chapter 271 Political Contribution Disclosure Form (Contracts that Exceed $17,500.00) Ref. N.J.S.A. 19:44A-20.26 The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that ______________________________________________________(Business Entity) has made the following reportable political contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 19:44-20.26 during the twelve (12) months preceding this award of contract: Reportable Contributions Date of Contribution Amount of Contribution Name of Recipient Elected Official/ Committee/Candidate Name of Contributor The Business Entity may attach additional pages if needed. ______________________________________________________________________________________  No Reportable Contributions (Please check () if applicable.) I certify that _______________________________________(Business Entity) made no reportable contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 19:44-20.26. Certification I certify, that the information provided above is in full compliance with Public Law 2005—Chapter 271. Name of Authorized Agent ___________________________________________________________ Signature _________________________________ Title ___________________________________ Business Entity_____________________________________________________________________ Bid No: SRP #01-2021 Sale of Real Property 25 | P a g e C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) 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. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. 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. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. 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.” Sale of Real Property 26 | P a g e P.L. 2005, c.271 (Unofficial version, Assembly Committee Substitute to A-3013, First Reprint*) AN ACT authorizing units of local government to impose limits on political contributions by contractors and supplementing Title 40A of the New Jersey Statutes and Title 19 of the Revised Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 40A:11-51 1. a. A county, municipality, independent authority, board of education, or fire district is hereby authorized to establish by ordinance, resolution or regulation, as may be appropriate, measures limiting the awarding of public contracts therefrom to business entities that have made a contribution pursuant to P.L.1973, c.83 (C.19:44A-l et seq.) and limiting the contributions that the holders of a contract can make during the term of a contract, notwithstanding the provisions and parameters of sections 1 through 12 of P.L.2004, c.19 (C. 19:44A-20.2 et al.) and section 22 of P.L.1973, c.83 (C.19:44A-22). b. The provisions of P.L.2004, c.19 shall not be construed to supersede or preempt any ordinance, resolution or regulation of a unit of local government that limits political contributions by business entities performing or seeking to perform government contracts. Any ordinance, resolution or regulation in effect on the effective date of P.L.2004, c.19 shall remain in effect and those adopted after that effective date shall be valid and enforceable. c. An ordinance, resolution or regulation adopted or promulgated as provided in this section shall be filed with the Secretary of State. 19:44A-20.26 2. a. Not later than 10 days prior to entering into any contract having an anticipated value in excess of $17,500, except for a contract that is required by law to be publicly advertised for bids, a State agency, county, municipality, independent authority, board of education, or fire district shall require any business entity bidding thereon or negotiating therefor, to submit along with its bid or price quote, a list of political contributions as set forth in this subsection that are reportable by the recipient pursuant to the provisions of P.L.1973, c.83 (C.19:44A-l et seq.) and that were made by the business entity during the preceding 12 month period, along with the date and amount of each contribution and the name of the recipient of each contribution. A business entity contracting with a State agency shall disclose contributions to any State, county, or municipal committee of a political party, legislative leadership committee, candidate committee of a candidate for, or holder of, a State elective office, or any continuing political committee. A business entity contracting with a county, municipality, independent authority, other than an independent authority that is a State agency, board of education, or fire district shall disclose contributions to: any State, county, or municipal committee of a political party; any legislative leadership committee; or any candidate committee of a candidate for, or holder of, an elective office of that public entity, of that county in which that public entity is located, of another public entity within that county, 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, or any continuing political committee. The provisions of this section shall not apply to a contract when a public emergency requires the immediate delivery of goods or services. b. When a 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. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity. c. As used in this section: "business entity" means a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction; "interest" means the 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, as appropriate; and "State agency" means any of the principal departments in the Executive Branch of the State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department, the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch, and any independent State authority, commission, instrumentality or agency. Sale of Real Property 27 | P a g e P.L. 2005, c271 Page 2 d. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which may be based upon the amount that the business entity failed to report. 19:44A-20.13 3. a. Any business entity making a contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee or continuing political committee, which has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity, shall file an annual disclosure statement with the New Jersey Election Law Enforcement Commission, established pursuant to section 5 of P.L.1973, c.83 (C.19:44A-5), setting forth all such contributions made by the business entity during the 12 months prior to the reporting deadline. b. The commission shall prescribe forms and procedures for the reporting required in subsection a. of this section which shall include, but not be limited to: (1) the name and mailing address of the business entity making the contribution, and the amount contributed during the 12 months prior to the reporting deadline; (2) the name of the candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, candidate committee, joint candidates committee, political party committee, legislative leadership committee, political committee or continuing political committee receiving the contribution; and (3) the amount of money the business entity received from the public entity through contract or agreement, the dates, and information identifying each contract or agreement and describing the goods, services or equipment provided or property sold. c. The commission shall maintain a list of such reports for public inspection both at its office and through its Internet site. d. When a 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. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity, or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity. As used in this section: "business entity" means a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction; and "interest" means the 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, as appropriate. e. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which may be based upon the amount that the business entity failed to report. 4. This act shall take effect immediately. * Note: Bold italicized statutory references of new sections are anticipated and not final as of the time this document was prepared. Statutory compilations of N.J.S.A. 18A:18A-51 is anticipated to show a reference to N.J.S.A. 40A:11-51 and to N.J.S.A. 19:44A-20.26 --- Sale of Real Property 28 | P a g e List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name: Ocean State: Governor, and Legislative Leadership Committees Legislative District #s: 9, 10, & 30 State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff Surrogate Municipalities (Mayor and members of governing body, regardless of title): Barnegat Light Borough Jackson Township Pine Beach Borough Barnegat Township Lacey Township Plumsted Township Bay Head Borough Lakehurst Borough Point Pleasant Beach Borough Beach Haven Borough Lakewood Township Point Pleasant Borough Beachwood Borough Lavallette Borough Seaside Heights Borough Berkeley Township Little Egg Harbor Township Seaside Park Borough Brick Township Long Beach Township Ship Bottom Borough Dover Township Manchester Township South Toms River Borough Eagleswood Township Mantoloking Borough Stafford Township Harvey Cedars Borough Ocean Gate Borough Surf City Borough Island Heights Borough Ocean Township Tuckerton Borough Boards of Education (Members of the Board): Barnegat Township Lakehurst Borough Plumsted Township Bay Head Borough Lakewood Township Point Pleasant Beach Borough Beach Haven Borough Lavallette Borough Point Pleasant Borough Berkeley Township Little Egg Harbor Township Seaside Heights Borough Brick Township Long Beach Island Seaside Park Borough Central Regional Manchester Township Southern Regional Eagleswood Township Mantoloking Stafford Township Island Heights Borough Ocean Gate Borough Toms River Regional Jackson Township Ocean Township Tuckerton Borough Lacey Township Pinelands Regional Fire Districts (Board of Fire Commissioners): Brick Township Fire District No. 1 Jackson Township Fire District No. 3 Brick Township Fire District No. 2 Jackson Township Fire District No. 4 Brick Township Fire District No. 3 Lakewood Township Fire District No. 1 Dover Township Fire District No. 1 Little Egg Harbor Township. Fire District No. 1 Dover Township Fire District No. 2 Little Egg Harbor Township Fire District No. 2 Jackson Township Fire District No. 1 Little Egg Harbor Township Fire District No. 3 Jackson Township Fire District No. 2 Plumsted Township Fire District No. 1 Sale of Real Property 29 | P a g e APPENDIX A AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the 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. S121 01 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. Sale of Real Property 30 | P a g e Appendix A 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. l7:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, 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:  Letter of Federal Affirmative Action Plan Approval;  Certificate of Employee Information Report; or  Employee Information Report Form AA-302 (electronically provided by the Division and distributed to the public agency through the Division’s website at: http:// www.state.nj.us/treasury/contract_compliance/. The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program 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 Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq. Sale of Real Property 31 | P a g e (Revised: January, 2016) Appendix C Sale of Real Property 32 | P a g e LAKEWOOD BOARD OF EDUCATION TECHNICAL SPECIFICATIONS Kevin Campbell Assistant School Business Administrator/Board Secretary Sale of Real Property 33 | P a g e LAKEWOOD BOARD OF EDUCATION LAKEWOOD, NEW JERSEY 08701 Sale of Real Property Technical Specifications Intent of Bid The intent of this bid is to enter into a contract with a qualified and responsive bidder to purchase Board of Education real property as here within specified. Property for Sale 855 Somerset Avenue Portion of Block Number 209 Lot Number 1.01 Lakewood, New Jersey 08701 The parcel of land as identified will be sold together with the buildings and other improvements, if any, thereupon and all appurtenances, fixtures, privileges and easements pertaining to or benefiting said real property. Lakewood High School Survey/Full Survey The Board has provided as attachments, a copies of the Lakewood High School Survey and the full survey outlining the boundaries of the real property for sale. Public Inspection of Property—Appointment The parcel of land for sale is open for public inspection. All parties interested in viewing the property are to set an appointment with Mr. Kevin Campbell Interim School Business Administrator/Board Secretary Telephone: 732.364.2400 Ext. 7044 Fixed Minimum Price Sale of Real Property 34 | P a g e The Lakewood Board of Education, pursuant to N.J.S.A. 18A:20-7 (a), has set a minimum price to be met for the sale of Board of Education real property, 855 Somerset Avenue—Block 209, Lot 1.01 of $ 1,000,293.53 . The Board reserves the right not to consider any bid received, that does not meet the minimum fixed price set by the Board. Conditions of Sale Said property is being offered for sale with a condition that the Board is issuing no representations or warranties as to the permissibility or advisability of building or constructing improvements on said property The successful bidder is solely responsible for obtaining any and all local, county or state permits and/or approvals to construct any improvement on the property. Said property is being offered for sale with the no residential or educational facilities can be built on property unless acceptable to the Board of Education. The property being sold is subject to existing encumbrances, liens, zoning regulations, easements, other restrictions, such facts as a title search would reveal and such facts as accurate survey would reveal and any present or future assessments for the construction improvements benefiting said property. The sale in no manner binds the Board to provide access or to improve any existing access and the Board makes no representations that any access exists to the property being sold. Property cannot be assigned prior to closing. These conditions shall survive closing. The Board makes no representations as to any existing environmental conditions or any ISRA requirements that may be applicable to the property. Bid Deposit—Ten (10%) Percent A bid deposit of ten (10%) percent of the total amount of the bid price made payable to the Lakewood Board of Education, must be accompanied with the bid. The Board of Education will only accept certified or cashier’s check as a form of a bid deposit. All bid deposits will be returned to unsuccessful bidders. Award of Contract—Highest Bidder All bids received will be evaluated and shall be referred to the Board of Education for review and final approval. The Board reserves the right to accept or reject the highest bid and/or to reject any and all bids if the minimum fixed price is not met. The actions of the Board to accept or reject all bids shall be made no later than the second regular meeting of the Board following the date of the advertisement. It is the intention of the Board of Education to award the contract to the qualified and responsive bidder who submits the highest bid price for the real property. Once again, the bid price received by the Board, must meet or exceed the minimum price as set by the Lakewood Board of Education. Sale of Real Property 35 | P a g e No contract is considered valid and binding unless approved by resolution of the Lakewood Board of Education at a public meeting of the Board. Award of Contract/Closing Procedures Upon notification of award of contract by the Board of Education, the successful buyer, will be required to pay the balance of the purchase price plus all expenses, including legal fees and advertising costs incurred by the Board. . The Board will only accept bids calling for an all cash purchase of the property. Full payment of the purchase price must be received at closing. The bid deposit submitted with the bid denoted may be used as part of the payment. The balance of the purchase price is to be paid by either cash, wire transfer or bank check at closing. Pending closing of title, the deposit will be held by the Board in a non-interest-bearing escrow account, to be credited to the purchase price at closing. Purchaser agrees that failure to close title as agreed shall forfeit to the Board any and all money deposited with the Board. The successful buyer shall execute an Agreement of Sale, which Agreement shall include the terms and conditions specified herein. The successful buyer shall pay the costs of all recording fees, as well as any and all realty transfer and other assorted fees and taxes, if applicable. The successful buyer shall provide a Preliminary Title Report to the Board at least fifteen (15) days prior to the closing. A Quitclaim Deed will be the document of conveyance and no warranties or representations as to title are made by the Board. If, however, it is determined that the Board is unable to convey marketable title, any deposit monies received pursuant to the bidding process will be returned to the buyer. The confirmation of the sale by the Board shall be a complete acceptance of the bid and, thereafter, within sixty (60) days from said confirmation, the closing must be completed Failure to comply with any of the above requirements or to close on or before the date set forth herein shall entitle the Board to rescind prior bid approval, terminate any and all rights of the designated successful buyer in said property and retain all monies heretofore deposited. The failure of or omission of any bidder to receive or examine the instruction documents or bid specifications or to perform and inspection of the property as herein provided for, shall in no way relieve such bidder from obligation in respect to the bid. No consideration will be given for any misunderstanding on the part of any bidder. Applicable Laws The Board of Education and all bidders throughout this process shall abide by any and all applicable laws, regulations, Board Policies, zoning, subdivision, health and building regulations, and codes of the Township of Lakewood. Sale of Real Property 36 | P a g e LAKEWOOD BOARD OF EDUCATION LAKEWOOD, New Jersey 08701 Sale of Real Property Bid Number SRP #01-2021 Bid Date August 20, 2020 Bid Proposal Form I/we hereby submit pricing for the Sale of Real Property bid as here within specified. Bid Price $ Bid Price Written in Words Dollars Name of Company Address City, State, Zip Federal Tax ID Number __________________________________________________ Phone Number ( ) _________________________ Extension Fax No. ( ) ________________________________ E-Mail Authorized Agent _____________________________ Title Agent’s Signature ____________________________________ Date Sale of Real Property 37 | P a g e TO All Bidders: REMINDER! Did you sign all of the bid documents? All bid documents returned to the Board shall be signed with original signatures. Please try to use blue ink. The Board will not accept facsimile or rubber stamp signatures. Failure to sign all bid documents may be cause for disqualification and rejection of the bid. Kevin Campbell Assistant Business Administrator/Board Secretary