5_Musical Instruments-Equipment, Supplies, Repair, Conditioning-HCESC-Cat_Ser-21-14

Notice to Bidders Hunterdon County Educational Services Commission (HCESC) conducts and acts as a Lead Agent to a voluntary Cooperative Pricing System consisting of over 700+ and growing Members under number 34HUNCCP. Sealed bids will be received and opened on December 9, 2021, at 11 A.M. prevailing time in the offices of the HCESC, Cooperative Purchasing Department, 37 Hoffmans Crossing Road, Califon, NJ 07830 for: Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 Specifications and instructions to bidders may be obtained at the HCESC Cooperative Pricing website at purchasing.hcesc.com. All bid addenda will be issued on the website. Therefore, all interested respondents should check the website from now through bid opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to this procurement. Bids must be submitted in a sealed envelope and distinctly marked with the name of the bidder, category bid on,

date, and time of the bid. If the envelope is placed in a mailer, it must be distinctly marked. Bids must be delivered or mailed to the Hunterdon County ESC, 37 Hoffmans Crossing Road, Califon, NJ 07830, and received by December 9, 2021, at 11:00 A.M. Bidders are 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. Doreen Pirozzi Purchasing Manager pg. 1 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP http://purchasing.hcesc.com Hunterdon County Educational Services Commission Cooperative Purchasing 37 Hoffmans Crossing Road Califon, NJ 07830 NJ State Approved Cooperative Pricing System #34HUNCCP Introduction The Hunterdon County Educational Services Commission (HCESC) is a cooperative currently consisting of over 700+, and growing, municipal governments, public educational institutions, schools, vocational, technical, and charter schools, public colleges and universities, community colleges, and other quasi-governmental organizations that generated well over 75.4 million dollars in discounted sales in 2020. The sales and service volumes resulting from these awarded contracts have the potential to generate considerable business since all Co-op Members using these contracts have their mandatory New Jersey procurement laws satisfied. The HCESC is dedicated to the objective of providing our Co-op Members with an established sourcing partnership with the selected manufacturer(s), authorized dealers, and vendors. The power of cooperative purchasing enables HCESC to issue competitive solicitations and contracts for its members on a wide variety of products and services. pg. 2 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP Hunterdon County Educational Services Commission Co-op Members Region #1 - Sussex County Green Township BOE Newton BOE Stanhope BOE Stillwater Township BOE Vernon Township BOE Sussex County ESC Kittatinny Regional BOE Lenape Valley Regional BOE Sparta BOE Byram, Township of Hamburg BOE Franklin Borough BOE Byram Township BOE Fredon Township BOE High Point Regional BOE Frankford Township BOE Fredon, Township of Hopatcong BOE Andover Regional BOE Sussex-Wantage Regional BOE Ogdensburg BOE Sussex, County of Wallkill Valley Regional BOE Montague BOE Sparta, Township of Green, Township of Vernon, Township of Sandyston-Walpack BOE Hampton Township BOE Sussex County Technical School Newton, Town of Stillwater Township Sussex County Community College Region #1 - Morris County Butler BOE Chester BOE County College of Morris Florham Park BOE Jefferson Township BOE Madison BOE Montville Township BOE Mount Olive BOE Pequannock Township BOE School District of the Chathams West Morris Regional BOE Wharton BOE Denville Township BOE Mine Hill Township BOE Randolph Township BOE Morris BOE Mountain Lakes BOE East Hanover Township BOE Roxbury Township BOE Morris Hills Regional BOE Netcong BOE Parsippany-Troy Hills Regional BOE Washington Township BOE Morris, County of Dover BOE Riverdale BOE Boonton Township BOE Hanover Park BOE ESC of Morris County Mount Arlington BOE Mendham Borough BOE Kinnelon BOE Morris County Vocational BOE Jefferson, Township of Mendham Township BOE Morris Plains BOE Dover, Town of Rockaway Township BOE Chester, Township of Boonton BOE Southeast Morris County Municipal Utilities Authority Roxbury, Township of Morris, Township of Long Hill Township BOE Rockaway Borough BOE Randolph, Township of Hanover Sewerage Authority Hanover, Township of Butler, Borough of Long Hill, Township of Chatham, Borough of Chester Library Harding Township BOE Whippanong Library Region #1 - Warren County Allamuchy BOE Alpha BOE Belvidere BOE Blairstown BOE Frelinghuysen Township BOE Franklin Township BOE Great Meadows BOE Greenwich Township BOE Hackettstown BOE Harmony Township BOE Hope Township BOE Knowlton Township BOE Lopatcong Township BOE Mansfield Township BOE North Warren Regional BOE Oxford Township BOE Phillipsburg BOE Pohatcong Township BOE Warren County Special Services Warren County Technical School Warren Hills Regional BOE Warren Township BOE Washington Borough BOE Washington Township BOE Warren, County of Independence, Township of Alpha, Borough of Frelinghuysen, Township of Franklin Township BOE Region #1 - Somerset County Bernards Township BOE Bound Brook BOE Branchburg Township BOE Branchburg, Township of Bridgewater-Raritan Regional BOE Franklin Township BOE Hillsborough BOE Montgomery, Township of Somerset County Vocational-Technical School Somerset Hills Regional BOE Somerset, County of Somerville BOE South Bound Brook BOE Warren Township BOE Watchung BOE Watchung Hills Regional BOE Bound Brook, Borough of Somerset County ESC Green Brook Township BOE Montgomery Township BOE Somerset County Library Somerset County Improvement Authority North Plainfield BOE Raritan Valley Community College Central Jersey College Prep Charter School Far Hills, Borough of Franklin, Township of Manville BOE Thomas Edison EnergySmart Charter School Somerville, Borough of pg. 3 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP Peapack & Gladstone, Borough of Region #1 - Hudson County Beloved Community Charter School Elysian Charter School Ethical Community Charter School Hoboken Dual Language Charter School Jersey City BOE Jersey City, City of Learning Community Charter School Union City BOE Kearny BOE Weehawken BOE Weehawken, Township of Hoboken BOE Harrison BOE Secaucus, Town of Secaucus BOE Bayonne BOE Hudson Arts & Science Charter School Hoboken, City of The Golden Door Charter School Union City Housing Authority West New York, Town of Jersey City Redevelopment Authority Hudson, County of East Newark BOE Hoboken Housing Authority Harrison, Town of M.E.T.S. Charter School West New York BOE Region #1 - Passaic County Little Falls BOE Paterson BOE Paterson Charter School for Science & Technology Wayne BOE Passaic County Community College Pompton Lakes BOE West Milford BOE Totowa BOE Clifton Public Library Wanaque BOE Passaic BOE Paterson Arts and Science Charter School West Milford, Township of Passaic Arts & Science Charter School North Haledon BOE Pompton Lakes, Borough of Clifton BOE Manchester Regional BOE Little Falls, Township of Passaic, County of Clifton, City of Haledon BOE Wayne, Township of Hawthorne BOE Bloomingdale, Borough of Paterson, City of Lakeland Regional BOE Passaic, City of Region #1 - Hunterdon County Alexandria Township BOE Bethlehem Township BOE Bloomsbury Borough BOE Califon BOE Clinton-Glen Gardner BOE Clinton Township BOE Clinton, Town of Clinton, Township of Delaware Township BOE Delaware, Township of Delaware Valley Regional BOE East Amwell Township BOE West Amwell, Township of Flemington-Raritan Regional BOE Franklin Township BOE Frenchtown BOE Hampton BOE Hampton, Borough of High Bridge BOE High Bridge, Borough of Holland Township BOE Holland, Township of Hunterdon Central Regional BOE Hunterdon County ESC Hunterdon County Polytech Kingwood Township BOE Kingwood, Township of Union Township BOE Lambertville, Borough of Lebanon Borough BOE Lebanon Township BOE Milford BOE Milford Library North Hunterdon-Voorhees Regional BOE Readington Township BOE Readington, Township of South Hunterdon Regional BOE (West Amwell, Stockton & Lambertville St. Pauls Christian School Tewksbury Township BOE Bloomsbury, Borough of Readington-Lebanon Sewerage Authority Union, Township of Alexandria Township Region #1 - Bergen County Allendale BOE Cresskill BOE Emerson BOE Englewood BOE Glen Rock, Borough of Leonia BOE Mahwah Township BOE Midland Park BOE New Milford BOE Northern Highlands Regional BOE Paramus BOE Park Ridge BOE Ridgewood BOE River Vale BOE Waldwick BOE Wyckoff BOE Hillsdale, Borough of Hackensack BOE Bergen County Special Services Bergen County Technical School Carlstadt BOE Wood-Ridge BOE Rutherford BOE Teaneck, Township of Teaneck BOE Little Ferry, Borough of Washington, Township of Ho-Ho-Kus BOE Bergenfield BOE Oradell BOE Pascack Valley Regional BOE Alpine BOE Saddle Brook BOE Tenafly BOE Closter BOE Ramsey BOE Elmwood Park BOE North Bergen BOE Englewood Cliffs BOE pg. 4 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP Northvale BOE Rochelle Park BOE Saddle River BOE Dumont BOE East Rutherford BOE Upper Saddle River BOE Moonachie BOE Little Ferry BOE Ridgefield BOE Hasbrouck Heights BOE Oakland BOE North Arlington BOE Fort Lee BOE Demarest BOE Ramapo Indian Hills Regional BOE Carlstadt-East Rutherford BOE Bergen Arts & Science Charter School Oakland, Borough of Fort Lee, Borough of Bogota BOE Ridgefield Park BOE Montvale BOE Fair Lawn BOE Ramapo College of NJ Northern Valley Regional BOE Lyndhurst BOE Rochelle Park Library Hillsdale BOE Westwood Regional BOE Garfield BOE South Bergen Jointure Commission Maywood BOE Edgewater, Borough of Montvale, Borough of Woodcliff Lake, Borough of River Edge, Borough of Wyckoff, Township of Midland Park, Borough of Wallington BOE Lodi BOE Old Tappan BOE Region #1 - Union County Berkeley Heights BOE Berkeley Heights Public Library Clark BOE New Providence BOE Rahway BOE Roselle BOE Springfield, Township of Union, County of Westfield BOE Kent Place School Township of Union BOE Summit BOE Union County Vocational School Scotch Plains-Fanwood BOE Springfield BOE Union County ESC Morris-Union Jointure Commission Summit Free Public Library Cresthaven Academy Charter School Garwood BOE Kenilworth BOE Elizabeth BOE Union, Township of Summit, City of Winfield Township BOE Rahway Valley Sewerage Authority Clark, Township of Cranford, Township of Plainfield BOE Union County College Mountainside BOE Hillside BOE Berkeley Heights, Township of Garwood, Borough of Roselle Park BOE Linden BOE Region #1 - Essex County Maplewood, Township of Belleville BOE East Orange Community Charter School East Orange, City of Millburn Township BOE Montclair BOE Newark Preparatory Charter School North Star Academy Charter School Nutley BOE Paulo Freire Charter School Peoples Preparatory Charter School Roseville Community Charter School University Heights Charter School West Orange BOE Burch Charter School East Orange BOE Philip's Academy Charter School Montclair, Township of The Childrens Institute Caldwell-West Caldwell BOE Spirit Preparatory Charter School West Essex Regional BOE South Orange-Maplewood BOE Essex Fells BOE Roseland BOE Cedar Grove BOE Essex County Vocational-Technical School Belleville Library & Information Center Newark Public Library Fairfield BOE Irvington BOE Montclair State University Essex Regional ESC Essex, County of West Caldwell, Township of Glen Ridge BOE NJ Transit Newark BOE Team Academy Charter School City of Orange Township Bloomfield BOE Robert Treat Academy Charter School North Caldwell BOE Verona, Township of Orange BOE Region #2 - Middlesex County Cranbury Township BOE Edison, Township of Highland Park BOE Metuchen BOE South Plainfield BOE Woodbridge Township BOE Woodbridge, Township of Old Bridge Township BOE Sayreville BOE Piscataway Township BOE South Brunswick Township BOE Carteret BOE East Brunswick, Township of Edison BOE Jamesburg BOE Middlesex County College North Brunswick BOE Plainsboro, Township of Spotswood BOE Piscataway, Township of South Amboy BOE North Brunswick, Township of Perth Amboy BOE Middlesex County Vocational-Technical School Monroe Township BOE South River BOE Middlesex County Stem Charter School New Brunswick BOE Middlesex, County of East Brunswick BOE Perth Amboy, City of Milltown, Borough of Middlesex BOE Milltown BOE Old Bridge, Township of New Brunswick, City of pg. 5 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP Middlesex, Borough of ESC of NJ South Amboy, City of Region #2 - Mercer County Ewing Township BOE Hamilton Township BOE Hamilton, Township of Hopewell Valley Regional BOE Lawrence Township BOE Mercer County Special Services Mercer County Technical School Pace Charter School Princeton Charter School Trenton BOE Village Charter School West Windsor-Plainsboro BOE Trenton, City of Princeton BOE Princeton, Town/Township of East Windsor Regional BOE International Charter School of Trenton Princeton Public Library Robbinsville BOE The College of NJ Mercer County Community College Hopewell, Township of Pennington, Borough of Region #2 - Monmouth County Asbury Park BOE Manalapan-Englishtown BOE Monmouth, County of Hazlet BOE Tinton Falls BOE Highlands BOE Freehold Borough BOE Keansburg BOE Holmdel Township BOE Township of Ocean BOE Neptune Township BOE Asbury Park, City of Bradley Beach BOE Colts Neck Township BOE Manasquan BOE Upper Freehold Regional BOE Monmouth County Vocational School Freehold Regional BOE Shrewsbury BOE Rumson-Fair Haven BOE Monmouth Regional BOE Allenhurst BOE Marlboro, Township of Monmouth Beach, Borough of Matawan-Aberdeen Regional BOE Brielle BOE Fair Haven BOE Freehold Township BOE Howell Township BOE Millstone Township BOE Avon BOE Union Beach BOE Long Branch BOE Freehold Township Fire District #1 Red Bank Borough BOE Holmdel, Township of Long Branch, City of Spring Lake Heights BOE Wall Township Fire District #1 Wall Township Fire District #3 Monmouth County Park System Henry Hudson Regional BOE Colts Neck, Township of Spring Lake Heights, Borough of Marlboro Township BOE Brookdale Community College Atlantic Highlands, Borough of Wall Township Fire District #2 Wall Township BOE Red Bank Regional BOE Hope Academy Charter School Bayshore Regional Sewerage Authority Middletown Township BOE Eatontown BOE Region #2 - Ocean County Bay Head, Borough of Brick Township BOE Ocean County Vocational-Technical School Plumsted Township BOE Point Pleasant BOE Southern Regional BOE Lacey Township BOE Central Regional BOE Seaside Heights BOE Barnegat Township BOE Ocean Township BOE Little Egg Harbor Township BOE Manchester Township BOE Lakewood Township BOE Stafford Township BOE Jackson Township BOE Long Beach Island BOE Ocean County Health Department Ocean County College Toms River Municipal Utilities Authority Ocean City BOE Lacey, Township of Ocean, County of Stafford, Township of Pinelands Regional BOE Ocean County Library Long Beach, Township of Ocean, Township of Toms River BOE Beach Haven BOE Lakewood, Township of Manchester Township Brick, Township of Region #2 - Burlington County Lumberton Township BOE Burlington County Institute of Technology Burlington County Special Services Mount Holly Township BOE Beverly City BOE Bordentown Regional BOE Cinnaminson Township BOE Moorestown Township BOE Rancocas Valley Regional BOE Burlington, County of Delanco Township BOE Maple Shade BOE Evesham Township BOE Riverside Township BOE Tabernacle Township BOE Florence BOE Medford Township BOE Northern Burlington County Regional BOE Riverton BOE North Hanover Township BOE Springfield Township BOE Chesterfield Township BOE Pemberton Township BOE Lenape Regional BOE Willingboro BOE Eastampton BOE Mount Laurel Township Municipal Utilities Authority pg. 6 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP Burlington, City of Shamong Township BOE Delran Township BOE Burlington City BOE Region #3 - Camden County Camden City BOE Eastern Camden County Regional BOE Haddonfield BOE Leap Academy University Charter School Black Horse Pike Regional BOE Camden County ESC Lindenwold BOE Winslow Township BOE Pine Hills BOE Freedom Prep Charter School Collingswood BOE Oaklyn BOE Camden Community Charter School Sterling BOE Cherry Hill BOE Voorhees BOE Berlin Township BOE Cherry Hill, Township of Runnemede BOE Camden County Technical School Waterford Township BOE Camden County Municipal Utilities Authority Mt. Ephraim BOE Bellmawr, Borough of Haddon Heights BOE Gloucester Township BOE Camden, City of Clementon BOE Berlin Borough BOE Bellmawr BOE Merchantville BOE Pennsauken BOE Gloucester City BOE Berlin, Township of Chesilhurst BOE Barrington BOE Region #3 - Gloucester County Washington Township BOE Swedesboro-Woolwich BOE Paulsboro BOE Clayton BOE Deptford Township BOE Pitman BOE Gateway Regional BOE Franklin Township BOE Westville BOE Clearview Regional BOE Delsea Regional BOE Harrison Township Fire District #1 Gloucester County Vocational-Technical School Gloucester County Special Services Mantua Township BOE Wenonah BOE West Deptford BOE Washington, Township of Gloucester County Improvement Authority Logan Township Municipal Utilities Authority West Deptford, Township of Monroe Township BOE East Greenwich Township BOE Woodbury City BOE Region #3 - Salem County Pennsville BOE Salem Community College Salem County Special Services Salem County Vocational-Technical School Pittsgrove Township BOE Oldmans Township BOE Lower Alloways Creek BOE Salem, County of Penns Grove-Carneys Point BOE Quinton Township BOE Woodstown-Pilesgrove Regional BOE Lower Alloways Creek, Township of Upper Pittsgrove BOE Region #3 - Cumberland County Cumberland County Technical Center Millville Public Charter School Vineland Public Charter School Bridgeton Public Charter School Cumberland County College Bridgeton BOE Vineland, City of Maurice River Township BOE Cumberland County Improvement Authority Hopewell Township BOE Millville BOE Rowan College of South Jersey Region #3 - Atlantic County Greater Egg Harbor Regional BOE Hamilton Township BOE Folsom BOE Buena Regional BOE Egg Harbor City BOE Atlantic County Vocational School Margate City BOE Atlantic City Community Charter School Somers Point BOE Brigantine BOE Linwood BOE Atlantic County Special Services Pleasantville BOE Stockton University Northfield BOE Absecon BOE Hamilton, Township of Ventnor City BOE Hammonton BOE Atlantic City BOE Atlantic City Municipal Utilities Authority Egg Harbor, Township of Egg Harbor Township BOE Mullica Township BOE Galloway Township BOE pg. 7 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP Region #3 - Cape May County Cape May City BOE Wildwood BOE West Cape May BOE Lower Township BOE Upper Township BOE Lower Cape May Regional BOE Cape May County Special Services Cape May County Technical School Cape May County Municipal Utilities Authority Middle Township BOE Wildwood Crest BOE Wildwood, City of Avalon, Borough of Upper Township pg. 8 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP Hunterdon County Educational Services Commission Goals and Objectives The Hunterdon County Educational Services Commission (HCESC) is looking for Vendors to provide broad-based lines of musical instruments, music equipment, and supplies at guaranteed discounted rates, irrespective of the volume of orders or the size of any one order or project as well as conditioning and repair work when directed by a Co-op Member. Instructions to Bidders A1. Submission of Bids 1. Bids are to be returned to: Doreen Pirozzi, Purchasing Manager Hunterdon County Educational Services Commission 37 Hoffmans Crossing Road Califon, NJ 07830 By: 11:00 A.M. Prevailing Time On: December 9, 2021 2. Bids must be placed in a SEALED envelope marked as shown below on the front of the envelope. Respondents should also keep a complete copy of the bid packet, exactly as submitted. Envelope Label Information: District: Hunterdon County ESC (Including Mailer Envelope ) Bid #: HCESC-Cat/Ser-21-14 Title of Bid: Musical Instruments-Equipment, Supplies, Repair & Conditioning Bid Date: December 9, 2021 Bid Time: 11:00 A.M. Bidder: Name of company Address City, State, Zip Code It is understood and agreed upon that the HCESC and its employees, agents, and representatives will be absolved from responsibility for the premature opening of any bid not properly labeled and sealed. 3. Bid Opening All bids will be publicly opened in the Administrative office and read beginning at 11:00 A.M. on December 9, 2021. Respondents and/or their authorized agents, and the general public are invited to be present at the bid opening. It is the responsibility of each respondent to ensure that his or her bid is complete and presented to the Cooperative Purchasing office before the bid date and time. Bids will not be accepted or received by HCESC after the advertised bid date and time. (N.J.S.A. 18A:18A-21(b). HCESC reserves the right to postpone the date for the presentation and opening of bids and will give written notice of any such postponement to each prospective bidder as required by law. pg. 9 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP This Form Must Accompany Bid Submission Bidders Checklist Hunterdon County Educational Services Commission Musical Instruments Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 FAILURE TO SUBMIT ANY OF THESE ITEMS MAY BE CAUSE FOR REJECTION OF THE BID. Required with Bid Submitted with Bid XXXX Required Evidence EEO/Affirmative Action Compliance ______ Notice Questionnaire (Exhibit A & A20) XXXX Non-Collusion Affidavit (Exhibit B & A22) ______ XXXX Bidders Acknowledgement of Receipt of Addenda (to be ______ completed if Addenda are issued) (Exhibit C & A24) XXXX Statement of Ownership Disclosure (A21) ______ XXXX Statement of Suspension of Debarment (Exhibit D & A37) ______ XXXX Political Contribution Disclosure Form (Exhibit E & A28) ______ XXXX Bid Proposal Forms (Exhibit F & A6) ______ XXXX Acceptance of Bid and Contract Award (Exhibit G & A36) ______ XXXX Catalog or Price List (A7) ______ MANDATORY ITEM(S) REQUIRED PRIOR TO A CONTRACT AWARD (It is preferred these documents be included with the bid submission, but not required) Certificate of Insurance naming Hunterdon County ESC as additional insured (A16) W9 Form (A26) Affirmative Action Certificate or AA302 Form with proof of payment (A20) Business Registration Certificate (A19) Disclosure of Investment Activities in Iran (A34) This checklist is provided for the bidders use in assuring compliance with required documentation, however, it does not include all specification requirements and does not relieve the bidder of the need to read and comply with the specification. Name of Bidder: ______________________________ Signature: ________________________________ Title: __________________________________ Date: ____________________________ pg. 10 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP A. GENERAL REQUIREMENTS A2. 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. A3. Estimated Value (Open Ended Contract Purchase as Needed) The HCESC cooperative consists of over 700+ and growing, municipal governments, public educational institutions, schools, vocational, technical, and charter schools, public colleges and universities, community colleges, and other quasi-governmental organizations that generated well over 75.4 million dollars in discounted sales in 2020. The potential exists for substantial business because of these numbers. However, it is understood by all parties that no guarantees are made as to the amount of service contracted or quantities to be purchased. No minimum purchase is implied or guaranteed and the minimum number of units that may be ordered or products to be serviced under this Contract is zero. A4. Payment Every effort will be made by the Co-op Members to pay vendors and Contractors within thirty (30) to sixty (60) days provided the Co-op Member receives the appropriate documentation including but not limited to: 1) Signed Voucher 2) Invoices 3) Packing Slips Payment will be rendered upon completion of services or delivery of full order to the satisfaction of the Co-op Member unless otherwise agreed to by written contract or mandated by law. The Co-op Member, at its discretion, may make partial payments. All payments are subject to approval by the Co-op Members formal board at a public meeting. Payment may be delayed from time to time depending on the Co-op Members meeting schedule. Invoices All invoices created by the Contractor must clearly outline the goods provided or services rendered and the date(s) the goods/services were provided. In some instances, the repair or reconditioning of equipment can be accomplished in a relatively quick amount of time. Contractors shall bill in fifteen (15) minute increments based on the awarded hourly rate. All invoices must include the following information: 1. Full name and address of the company 2. Purchase order number from the Co-op Member 3. Companys invoice number that may be used as a reference 4. Goods and services rendered. 5. System identifier (34HUNCCP) 6. HCESC bid name & number (#HCESC-Cat/Ser-21-14 Musical Instruments Equipment, Supplies, Repair & Conditioning) pg. 11 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP All invoices must be submitted within thirty (30) days of service and be directed to the attention of the Co-op Members designated representative or, if no such representative is designated, the Co-op Members Business Administrator. Prompt Payment Optional Discount HCESC is requesting an optional prompt payment discount. Vendors and contractors, at their option, may encourage prompt payment by offering to the Co-op Member a percentage (%) discount deduction from the total amount of the contract (order) but must be declared in the bid submission and it cannot be a requirement of the Co-op Member. If the Co-op Member accepts the percentage (%) discount that is offered by the vendor/contractor it shall pay the vendor/contractor the total contract amount minus the percentage (%) discount within twenty-one (21) days. If the Co-op Member is unable to meet the twenty-one (21) day deadline, the discount will not be deducted from the total contract order amount. The twenty-one (21) day period begins with the receipt of all goods ordered or services rendered to the complete satisfaction of the Co-op Member, provided the Co-op Member receives the appropriate documentation including but not limited to: Signed Voucher by Vendor Invoices Packing Slips Certification of Completion by Appropriate Staff Example: Contract Order $5,000.00 Prompt Payment Discount 8% $ 400.00 Prompt Payment $4,600.00 Any bidder who desires to offer a prompt payment discount to Co-op Members must indicate that intent in the bid submission. Please note: The prompt payment clause is an option, it shall not be a factor in determining the lowest responsible bid. Restocking Fees- A restocking fee may only be charged on products ordered by and delivered to the Co-op Member in working order, but which goods were later rejected or returned by the Co-op Member outside of any warranty or other such guarantee made by the Contractor. Any such restocking fee must be declared in the bid submission or it will not be allowed and no Co-op Member shall be responsible for the same. Restocking fees in excess of 15% of the item price will not be allowed. Restocking fees may be waived, at the option of the Contractor. pg. 12 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP A5. Taxes As New Jersey governmental entities, the HCESC and its Co-op Members are exempt from the requirements under New Jersey state sales and use tax (N.J.S.A. 54:32B-1 et seq.) and do not pay any sales or use taxes. Bidders should note that they are expected to comply with the provisions of the said statute and the rules and regulations promulgated thereto to qualify them for examinations and reference to any and all labor, services, materials, and supplies furnished to the Co-op Member. Contractors may not use the HCESCs or the Co-op Members tax-exempt status to purchase supplies, materials, service, or equipment. A6. 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, so please fill out 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, the bidders are required to affix the company name and address on each intervening sheet. HCESC 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 contract documents. If bidders do make changes, on the Bid Proposal Form, except as noted above for initialed clerical mistakes, it shall be a cause to disqualify that particular bid as non-responsive. N.J.S.A. 18A:18A-2(y). Bidders are not required to bid on both Category A and Category B. A6.1 Service & Parts Category A Vendors must offer an hourly rate as well as a parts percentage (%) discount off the Manufacturers Suggested Retail Pricing (MSRP) to qualify for an award in this category. The parts discount in this category will be used in conjunction with service/conditioning only. The discount shall not be used for parts-only purchases. The hourly rates, as well as the discounted price for parts, shall include the 2% Participation Fee (see A16). Labor Vendors shall submit a price for labor based on the awarded hourly rate to be charged to the Co-op Member for all labor required to accomplish the repair & conditioning work. The hourly rate shall apply to all workers, without regard to title or worker classification. The hourly rate is not a payroll rate. The vendors responsibility to pay prevailing wages (if applicable) is not affected by bidding a single hourly rate. The hourly rate includes all necessary tools, vehicles, travel, equipment, payroll, taxes, fringe benefits, overhead, and profit. pg. 13 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP Parts/Materials Vendors shall submit a discount percentage (%) off the Manufacturers Suggested Retail Price (MSRP) for parts required to perform the repair & recondition work. All products shall be newly manufactured and unused. Cost-plus bids will not be accepted. Vendors may offer special promotions provided that the new price charges for the item(s) are lower than what would otherwise be available through the contract. It is understood that these special promotions may be of limited duration by the vendors. At the end of such promotion, the standard contract price shall prevail. A6.2 Products (Instruments, Equipment & Supplies) Category B Bidders shall submit a discount percentage (%) off the Manufacturers Suggested Retail Price (MSRP) for instruments, equipment & supplies sold alone. All products shall be newly manufactured and unused, of the latest design and technology, and from the most current and popular music product lines available. The discounted price for parts shall include the 2% Participation Fee (see A16). Cost-plus bids will not be accepted. Vendors may offer special promotions provided that the new price charges for the item(s) are lower than what would otherwise be available through the contract. It is understood that these special promotions may be of limited duration by the vendors. At the end of such promotion, the standard contract price shall prevail. A6.3. Annual Maintenance Agreements - optional Bidders offering Annual Maintenance Agreements shall indicate on the proposal sheet their desire to offer this service. In addition, the terms and conditions shall be included with the proposal. The cost shall include the 2% Participation Fee (see A16). A7. Catalog or Price List All bidders must submit the latest edition of the price list(s) and/or catalog(s) to which discounts will be applied. All such lists shall be current as of the date of the bid submission and, if awarded, shall remain current and enforceable throughout the duration of the contract, subject only to product availability. All bidders must provide access to pricing from which the discounts will be applied, at the time of submission. Pricing can be offered via price lists submitted on a flash drive, hard copy catalogs/price lists, or web-based catalogs but preferably on a flash drive. All such lists shall be current as of the date of the bid submission and, if awarded, shall remain current and enforceable throughout the duration of the contract, subject only to product availability. Throughout the period covered by this bid, bidders must provide and distribute current catalogs/price lists (upon request) or internet access to current online catalogs to the Members at no cost. Failure to submit the catalog and/or price list to which discounts are applied will result in the rejection of the bid. pg. 14 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP A8. Categories of Items for Parts and/or Service Parts for all components of equipment will be made available to over 700 Co-op Members. Music instrument replacement parts must be equivalent to or exceed, the original part standard. Vendors are not required to offer all lines of equipment. The requested lines are listed in the Proposal Sheets. 1- Woodwind Instruments Flutes, Clarinets, Oboes, Saxophones, Piccolos, Bassoons, etc. 2- Brass Instruments Trumpets, French Horns, Trombones, Tuba/Sousaphones, Cornets, Baritone, etc. 3- Strings Violins, Violas, Cellos, Bass, Guitars, Ukuleles, etc. 4- Percussion Field Drums, Snare Drums, Toms, Bass Drums, Timpani, etc. 5- Pianos - Organs 6- Electronic Instruments/Equipment Keyboards, Digital Pianos, Synthesizers, Digital Drums, etc. 7- Band Equipment & Accessories A9. Categories of Items for the Sale of Instruments, Equipment, and Supplies The categories and like items listed demonstrate what will be made available to over 700 Co-op Members. Elementary, secondary, post-secondary as well as professional versions of all instruments are requested. Vendors are not required to offer all categories of items listed below. 1- Instruments All listed above (A8), Tambourines, Cymbals, Harps, Bells, etc. 2- Early Learning Classroom Instruments Egg Shakers, Sand Blocks, Triangles, Cluster Bells as well as Instructions Material, Music Software, etc. 3- Equipment Music Stands, Microphones, Amplifiers, Carts/Racks, Stools, Tuning Forks, Instrument Stands, Sound Docks, CD/DVD Players, Cases, Headphones, etc. 4- Supplies Bows, Strings, Mutes, Sticks, Straps, Brushes, Sheet Music, Batons, Pics, Reeds, etc. 5- Band Equipment & Accessories A10. Repair and Conditioning Woodwind Instruments Check & Regulate, Clean & Polish, Replace Parts & Adjust Components as needed, Lubricate, Dent Repair as needed. Brass Instruments Check & Regulate, Chemical Flush, Sanitize Mouthpiece, Replace Parts & Adjust Components as needed, Lubricate, Dent Repair as needed. String Instruments Check & Regulate, Replace Parts & Adjust Components as needed, Crack & Seam Repairs, Clean Percussion Instruments Check & Regulate, Replace Parts & Adjust Components as needed Pianos Clean, Adjust, Tune, Replace Parts as needed. Electronic Equipment Check & Regulate, Replace Parts & Adjust Components as needed, Crack & Seam Repairs, Clean pg. 15 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP A11. Contracts Bidders providing a bid proposal for Repair & Conditioning must be capable of servicing all instruments within the line of items bid. By bidding on repairs for a line of instruments, the bidder certifies that it is capable of servicing all systems and components of the line of instruments bid. HCESC reserves the right to reject any or all bids pursuant to law and waive any informalities and to take such alternates that HCESC feels are in the best interests of the Co-op Members. A response to this bid acknowledges that new Co-op Members will be offered the same terms and conditions, as well as the pricing current Co-op Members receive. The bid document and notice of award shall be considered incorporated as part of the formal contract. HCESC requests that bidders only respond if they are able to offer prices lower than what they ordinarily offer on separate, single school district contracts. In the event of a public emergency declared at the local, state, or federal level prior to the expiration of the contract, if the owner opts to extend the terms and conditions of the contract, the contractor agrees to extend the terms and conditions of this specification, whether existing or expiring for no longer than six (6) months, for goods and/or services for the duration of the emergency. Discount offers must clearly identify the percentage (%) of the discount to apply to the contract. Bidder shall agree that there will be no reductions in discounts during the life of the contract. HCESC will not accept a minimum purchase requirement. A11.1 Award of Contract, Rejection of Bid(s) Category A - Repair & Conditioning Labor A Contract award, if made, will be made by lines (1-6), by county, to the bidder offering the lowest hourly rate to be charged for all labor required to accomplish the work. All bidders must offer a discount from their respective price lists/catalogs for parts to repair & recondition bids not offering such a discount will be rejected. The parts discount in this category will be used in conjunction with the Repair & Recondition service only. Category B Musical Instruments, Equipment & Supplies- Catalog Sales The contract is intended to provide instruments, equipment, and supplies typically sold through online and paper-based catalogs at discounted rates. All bidders must offer a percentage (%) discount off the Manufacturers Suggested Retail Price (MSRP) for instruments, equipment & supplies bids not offering such a discount will be rejected. Due to the varied nature of vendors respective catalogs, HCESC reserves the right to award contracts to multiple vendors. Should multiple contracts be awarded, each Member shall be responsible for determining which vendor offers the lowest price on the specific products that the Member chooses to purchase. pg. 16 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP A11.2 Equal Prices Pursuant to N.J.S.A. 18A:18A-37(d) when two or more bidders submit equal prices and the prices are the lowest responsible bids, HCESC may award the contract to the vendor whose response, in the discretion of HCESC, is most advantageous, price and other factors considered. A11.3 Return of Contracts and Related Contract Documents (when required) Upon notification of award of the contract by HCESC, the successful respondent shall sign and execute a formal contract agreement between HCESC and the respondent, when required. If a formal contract is not required by HCESC, these bid documents, the bidders proposal, and the Notice of Award issued by the HCESC shall constitute the contract between the HCESC and the successful bidder. Additionally, any approved and signed Co-op Member Purchase Order will constitute a contractual agreement between the vendor and the Co-op Member. When a formal contract is required the successful respondent shall sign and execute said contracts and return said contracts along with the following; 1. Performance Bond in the total amount of the contract (not required) 2. Insurance Certificate with HCESC as an additional insured. 3. Other required documents as may be outlined in the bid specification. The executed contracts and related documents must be returned to; Doreen Pirozzi, Purchasing Manager Hunterdon County Educational Services Commission 37 Hoffmans Crossing Road Califon, NJ 07830 within seven (7) days of receipt of notification. Failure to execute the contract and return said contract and related documents within the prescribed time may be cause for a delay in payment for services rendered or products received or the annulment of the award by HCESC with the bid security becoming the property of HCESC. HCESC reserves the right to accept the bid of the next lowest responsible respondent. A11.4 Initial Term, Renewal, and Annual Termination Option 1. Initial Term - The term of the contract shall be for a period of two (2) years from the date of the award by HCESC unless terminated at an earlier date by HCESC pursuant to paragraph 3 below, or in accordance with the procedures for termination that may be set forth elsewhere in the contract or bid documents. 2. Renewal Term - The contract may be renewed by HCESC for up to two (2) one-year periods or an additional two-year period pursuant to N.J.S.A. 18A:18A-42. 3. Annual Termination Option - In addition to any other right or recourse available to HCESC to terminate the contract. HCESC shall also have the option to terminate the contract upon the first anniversary of the contract award and/or each successive anniversary thereafter (Annual pg. 17 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP Termination Option). HCESC may utilize its Annual Termination Option for any reason or no reason whatsoever and HCESC shall not be required to provide the contractor with a reason as to why HCESC may decide to exercise the Annual Termination Option. In the event that HCESC utilizes the Annual Termination Option, HCESC shall provide the Contractor with written notice of its intent to do so at least fifteen (15) days prior to the anniversary of the contract award. The Annual Termination Option is the right belonging solely to HCESC and may not be used by the Contractor to terminate its obligations under the contract. Continuation of the terms of the contract beyond the fiscal year is contingent on the availability of funds in the following years budget. The successful bidder will be required to hold hourly rates and discounts awarded for the life of the contract. A11.5 Purchase Order Required; Notice to Proceed No Contractor or vendor shall commence any project, provide any service or deliver any goods until he is in receipt of an approved purchase order authorizing work to begin or goods to be delivered. Purchase orders may be placed against the contract up to and including the end of business on the last day of the contract, for delivery no more than 30 days after the contract expiration. Co-op Members purchasing through this cooperative bid will have the right to purchase from the successful bidder at the same award as submitted in the bid. Any discount extended to one member district during the course of the contract will be extended to ALL Members of the cooperative. A12. Subcontracting Contractors, service providers, and all vendors with whom HCESC has awarded a contract may not subcontract any part of work done or assign any part of the contract for goods or materials for HCESC without first receiving written permission from HCESC. Contractors, service providers, and vendors using subcontractors assume all responsibility for work performed by subcontractors. HCESC may require the following non-exhaustive list of documents to be secured from all approved subcontractors. 1. Insurance Certificate as outlined in the bid specifications 2. Affirmative Action Evidence as outlined in the bid specifications 3. Written certification that the subcontractor shall adhere to prevailing wages as provided through New Jersey State Law 4. Business Registration Certificate In cases of subcontracting, only the prime contractor shall be paid by HCESC or its Member. It is the sole responsibility of the prime contractor to ensure that all subcontractors are paid. HCESC and/or its co-op member shall be held harmless against any or all claims generated against prime contractors for nonpayment to subcontractors. Transportation carriers hired by the vendor to deliver goods and materials are not considered to be subcontractors. pg. 18 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP A13. Delivery/Shipping of New Instruments/Equipment Shipping shall be FOB Destination for orders over $50.00. No COD orders will be accepted. The Contractor, to whom the contract is awarded, retains title and control of the goods until delivery is made and selects the carrier and is responsible for the risk of transportation, title passes to the Co-op Member upon delivery and ownership. Shipping shall be within 72 hours after receipt of the order but no later than two (2) weeks unless mutually agreed to by the Contractor and Co-op Member. Deliveries are to be made to the inside of the building and should be made between 8:30 A.M. and 4 P.M., Monday through Friday, unless otherwise indicated by the Co-op Member. Cartons and packages are to be clearly marked with the school/district name and name of the person purchasing. Back-Orders In the event that an item is on backorder or otherwise delayed after a Co-op Member has ordered the item, the Contractor will notify the Co-op Member, who shall have the right to determine the amount of time the Contractor will be allowed to make delivery of the backorder item or if such item cannot be delivered by such date, the Co-op Members may cancel any backorder items and the Co-op Member shall not be charged for such items. If the Contractor fails to make delivery within the specified time or if the items are in any way defective or otherwise non-conforming, the Co-op Member shall, in its sole discretion, have the right to either reject such item(s) at no cost to the Co-op Member or accept such item. Shipping Errors The Contractor agrees that shipping errors will be at the expense of the Contractor. It is the responsibility of the Contractor to pay for return mail or shipment, at the convenience of the Co-op Member. Product Labeling In accordance with the New Jersey Worker and Community Right to Know Act, all containers must be clearly labeled and all deliveries must be accompanied with the Manufacturers Safety Data Sheets, as applicable. Damaged/Defective Products The Contractor agrees to pay for the return of products if they arrive damaged or defective and must arrange for their return. Co-op Members shall provide notice to the Contractor with ten (10) business days of becoming aware of the issue. A14. Pick-up & Delivery of Repaired/Conditioned Equipment The vendor shall be solely responsible for damages or loss of equipment between the time it is collected and the time it is returned to the schools. A15. Reports and Fee The total cost of HCESCs program is funded through a two percent (2%) participation fee required to be paid to HCESC by all successful Bidders/Contractors on a quarterly basis (Participation Fee). The Participation Fee is equal to two percent (2%) of the total dollar amount of all goods and services sold/provided by the Contractor(s) to Co-op Members. All quotes/prices/bids submitted for this project shall be inclusive of the two percent (2%) Participation Fee. pg. 19 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP The Participation Fee shall not be printed as a line item or separate charge on any quotation, invoices, or any other such documentation provided by the Contractor to Co-op Members. The price stated in your bid for this project shall be the price charged to the Co-op Member. The Participation Fee shall be due within thirty (30) days of each respective quarters end with the exception of the last quarter of the contract. The Participation Fee for the final quarter of the contract shall be due within fifteen (15) days following the contract expiration. The Participation Fee shall be made payable to the Hunterdon County Educational Services Commission and sent to the attention of the Purchasing Manager. All Contractors shall also be required to issue Quarterly Reports documenting all ORDERS RECEIVED from Co-op Members. Quarterly Reports are due within fifteen (15) days of each respective quarters end (March, June, September & December) with the exception of the last quarter of the contract. The Quarterly Report for the final quarter of the contract shall be due within ten (10) days following the contract expiration. Quarterly Reports shall be emailed to dpirozzi@hunterdonesc.org. Each Quarterly Report must contain the following: Service/Conditioning: Co-op Member & City, # of Instruments, Labor Total, Parts Total Instrument, Equipment & Supplies: Co-op Member & City, Description of Item, Purchase Order Total Every Contractor must provide the HCESC with a report for every quarter regardless of the number of sales made for the quarter and even if no sales were made. In addition to the Quarterly Reports, all Contractors shall provide HCESC with an annual summary documenting all purchases made by Co-op Members for a period beginning with the date of the award of the contract and ending on the next June 30th, with additional annual summaries being provided for all consecutive annual periods for the term of the contract. Any Contractor who fails to timely submit required Participation Fee, Quarterly Report or annual summary or who fails to fully and accurately disclose services provided/goods sold to Co-op Members shall be considered in default of the contract and such failure shall be grounds for HCESCs termination of the Agreement. The Contractor shall remain liable for any and all fees owed up to and including the time the Agreement has been terminated by HCESC. A16. Insurance The Contractor shall secure, pay the premiums for and keep in force until the contract expires, insurance of the types and amounts listed below; General Liability $2,000,000 General Aggregate $1,000,000 Products $1,000,000 Personal Injury $1,000,000 Each Occurrence $5,000 Medical Expense Within seven (7) days of notice of intent to award, a Certificate of Insurance shall be submitted naming Hunterdon County Educational Services Commission as additional insured. In pg. 20 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP mailto:dpirozzi@hunterdonesc.org addition, the Contractor must present to the Co-op Member a Certificate of Insurance naming the Co-op Member as additional insured in the amounts listed above, when requested by the Co-op Member. Other Insurances Workers Compensation Evidence of adequate Workers Compensation Insurance as required by the laws of the State of New Jersey and the United States must be available for perusal. The minimum limits are the following unless a greater amount is required by law: Bodily Injury by Accident $1,000,000 Each Accident Bodily Injury by Disease $1,000,000 Policy Limit Bodily Injury by Disease $1,000,000 Each Employee Contract Liability Same as General Liability Automobile Liability $1,000.000 per Occurrence A17. Acquisition, Merger, Sale and/or Transfer of Business, Etc. It is understood by all parties that if during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and/or transfer or by any means convey his or her interest(s) to another party; all obligations are transferred to that new party, which new party shall be required to submit all mandatory documentation as required by State law. In this event, or in the event the contractor files for bankruptcy, HCESC shall have the right to terminate the contract, at its sole discretion. A18. Termination A18.1. Default. If HCESC determines, in its sole discretion, that the Contractor has failed to comply with the terms of these bid documents, the contract, and/or conditions of the bid and/or proposal upon which the contract is based, particularly but not limited to the Participation Fee and Reporting Requirements set forth above, or that the Contractor has failed to perform any required service, duties and/or responsibilities toward HCESC and/or a Co-op Member in a timely, proper, professional and/or efficient manner, then HCESC shall have the authority to immediately terminate the contract upon written notice to the Contractor setting forth the reason for termination and effective date of termination. Notwithstanding the above, HCESC will attempt to give the Contractor all reasonable opportunities to cure any defect in the Contractors performance or compliance with the contract. Any decision by HCESC to not terminate the contract in response to an act or omission by the Contractor constituting a default shall not be considered a waiver of HCESCs rights nor shall any such decision be binding against the HCESC with respect to future acts of default by the Contractor. In the event that HCESC terminates the contract based upon the Contractors default, HCESC expressly reserves the right to disqualify the Contractor as a bidder on future projects for a period of up to five (5) years based upon HCESCs prior negative experience with the Contractor. In such an event, HCESC also reserves the right to notify each of its Co-op Members of Contractors default and disqualification and HCESC may encourage Co-op Members and all other public pg. 21 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP boards of education in the State of New Jersey to similarly disqualify Contractor as authorized by N.J.S.A. 18A:18A-4. Accordingly, the Contractor should take care to fully and accurately comply with all contractual requirements. Termination by HCESC of the contract does not absolve the Contractor from potential liability for damages caused to the HCESC and/or the Co-op Member by the Contractors breach of the agreement. HCESC and/or the Co-op Member may withhold payment due to the Contractor and apply the same towards any damages incurred, subject to all relevant laws and regulations. Damages may include the additional cost of procuring said services or goods from other sources. The Contractor shall indemnify and hold HCESC and Co-op Members harmless from any liability to subcontractors or suppliers concerning work performed or goods provided arising out of the termination of this contract. A18.2. Unconditional Termination for Convenience. The contract may be terminated by HCESC for convenience without any liability or penalty to HCESC or any Co-op Member except that the Contractor shall be paid for services rendered prior as previously agreed to by the ordering party and the Contractor. In no event shall HCESC or any Co-op Member be liable for any loss of profits, loss of business advantage, compensatory or consequential damages, or any other claim by the Contractor other than the direct and agreed-upon cost of the goods and/or services. A18.3. Termination by HCESC for Reasons Other Than Default or Convenience. HCESC may also terminate this contract for any reason authorized by law or as otherwise provided in these contract documents. A19. Business Registration Certificate Pursuant to N.J.S.A. 52:32-44 as amended by P.L. 2004 Chapter 57, all bidders shall submit prior to the award of any contract a copy of the New Jersey Business Registration Certificate as issued by the Department of Treasury of the State of New Jersey. Failure to provide the New Jersey Business Registration Certification prior to the award of contract will be cause for the rejection of the entire bid. Goods and Services Contracts N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract: 1) The contractor shall provide written notice to its subcontractors to submit proof of business registration to the contractor: 2) prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used: 3) during the term of this contract, the contractor and its affiliates shall collect, remit, and notify all subcontractors and their affiliates that they must collect and remit to the Director of the New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State. A contractor, subcontractor, or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day pg. 22 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements are available by calling 609-292-9292. A20. Affirmative Action Each Contractor shall submit to the public agency, after notification of award but prior to execution of a good and services contract, one of the following three documents: 1. Appropriate evidence that the Contractor is operating under an existing federally approved or sanctioned affirmative action program; or 2. A certificate of employee information report approval issued in accordance with N.J.A.C. 17:27-4; or 3. An employee information report (Form AA302) provided by the Division and distributed to the public agency through the Divisions website at www.state.nj.us/treasury/contract_compliance along with a copy of proof of payment to be completed by the contractor, in accordance with N.J.A.C. 17:27-4. Please note: A completed and signed Affirmative Action Questionnaire is required with the submission of the bid. However, HCESC will accept in lieu of the Questionnaire, Affirmative Action Evidence stapled to the Affirmative Action Questionnaire form. 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.S.A. 17:27 et seq. A21. Statement of Ownership Disclosure Bidders are hereby notified that every corporation and partnership, according to the provision of Chapter 33, Laws of 1977 of the State of New Jersey, must submit a statement accompanying the bid, setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, of any class or of all partners in the partnership, who own 10% or more of that corporations stock, or the individual partners 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, exceeding the 10% ownership criteria, have been listed. A22. Non-Collusion Affidavit A notarized Non-Collusion Affidavit shall be submitted with the bid. A23. Indemnification The Contractor agrees to indemnify and save harmless Hunterdon County ESC, its officers, agents, and employees, from all claims, suits or actions, and damages or costs of every name and description to which the owner may be subjected to put by reason of injury to the person or property of another, or the property of the owner, resulting from: a) negligent acts or omissions on the part of the Contractor, the Contractors agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract; and, pg. 23 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP http://www.state.nj.us/treasury/contract_compliance b) the use of any copyrighted or copyrighted composition, valid trademark, secret process, patented or unpatented invention, or article furnished or used in the performance of this contract. Mutual limitation of liability terms will not be accepted. A24. Interpretations and Addenda No interpretation of the meaning of the specification will be made to any bidder orally. Every request for such interpretations should be made in writing to HCESC and must be received at least ten (10) days 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 addendum to the specifications. The addenda will be provided in accordance with N.J.S.A. 18A:18A-21(c), as may be amended, by certified mail, certified fax, or email with receipt 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 documents. A25. Customer Service Contact The Contractor MUST designate one person as point of contact for issues pertaining to ALL orders placed through this cooperative bid. The Contractor agrees to assign a senior-level employee (one authorized to make decisions) to the HCESC account who shall have a working knowledge of this contract. A26. W-9 Vendors are required to submit a W9 after a contract is awarded. This form is available at the following link: http://irs.gov/pub/irs-pdf/fw9.pdf. A27. Political Contributions Disclosure - Requirements Pursuant to N.J.A.C. 6A:23A-6.3, as may be amended, please note the following: Award of Contract The HCESC 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 HCESC during the preceding one year period. Contributions During Term of Contract - Prohibited "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 HCESC from any business entity doing business with the school district is prohibited during the term of the contract." Chapter 271 Political Contribution Disclosure Form - Required -- N.J.A.C. 6A:23A-6.3 (a4) All respondents shall submit with their bid package a completed and signed Chapter 271 Political Contribution Disclosure Form. Respondents disclosure shall indicate any and all reportable contributions made to any State, county, or local political entity of the State regardless as to which county said entity is located. pg. 24 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP http://irs.gov/pub/irs-pdf/fw9.pdf A28. Political Contribution Disclosure Statement Pay to Play 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 entitys responsibility to determine if filing is necessary. Additional information on the requirement is available from the New Jersey Election Law Enforcement Commission at 888-313-3532 or at www.elec.nj.us. A29. Challenge of Specifications (N.J.S.A. 18A:18A-15) Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three (3) business days prior to the opening of the bids. Challenges filed after that time shall be considered void and have no impact on HCESC or the award of the Contract. A30. Compliance with all Laws (where applicable) The Contract is governed by the New Jersey Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq. Contractor shall comply with all Federal and State Laws, county and local ordinances, 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. Any labor or material in addition to that described in the specifications and which is necessary to comply with these laws, rules, ordinances, or regulations shall be provided by the Contractor. Contractor shall keep himself informed of all existing and future State and Federal Laws, and county and local ordinances in any manner affecting those engaged or employed in the work, and shall protect and indemnify the HCESC, its officers, Co-op Members, employees, and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation order or defects. A31. Documents, Missing/Illegible The bidder shall familiarize himself with all forms provided by HCESC 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 HCESC at 908-439-4280 x 1513 for duplicate copies of the forms. This must be done before the bid date and time. HCESC accepts no responsibility to any bidder who does not receive a complete bid package in time for the bidder to submit his bid. A32. Document Signatures Original; Blue Ink Preferred All documents returned to HCESC shall be signed with an original signature in ink (blue). Failure to sign and return all required documents with the bid package may be a cause for disqualification and for the bid to be rejected. HCESC will not accept facsimile or rubber stamp signatures. pg. 25 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP http://www.elec.nj.us A33. Right to Know Law All potentially hazardous materials or substances must be properly labeled in full accordance with the New Jersey Right to Know Law N.J.S.A. 34:5A-1 et seq. All contractors or vendors who need additional information about the New Jersey Right to Know Law are to contact: New Jersey Department of Health, Right to Know Program, CN 368, Trenton, NJ 08625-0368. A34. Disclosure of Investment Activities in Iran P.L.2012, c.25 prohibits State and local public contract with persons or entities engaging in certain investment activities in the energy or finance sectors of Iran. A35. Open Records HCESC considers all information, documentation, and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and, thus, subject to public disclosure in accordance with therefore all statutes, court decisions and the opinion of the State of NJ regarding the disclosure of proposal information. A36. Acceptance of Bid and Contract Award This document is to be partially completed (top portion only) and included in the submission. In the event an award is made, a copy will be signed and returned with the award letter. A37. Debarment, Suspension, or Disqualification HCESC will not enter into a contract for work with any person, company, or firm that is on the State Treasurers List of Debarred, Suspended, or Disqualified Bidders or the State Department of Labor and Workforce Development; Prevailing Wage Debarment List. 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 Treasurers List of Debarred, Suspended, or Disqualified Bidders or the State Department of Labor and Workforce Development; Prevailing Wage Debarment List. A38. Bidder Comment Sheet This form is for Bidders use in offering voluntary alternates, or other comments intended to afford the HCESC information or opportunities to improve the quality of the future or similar projects, without invalidating the bid proposal. It may NOT be used to take exception to specific conditions defined in the bid documents which the Bidder does not like. The bid provided must be based upon the plans and specifications, and all contract conditions, as stated. If these documents or conditions contain some untenable item, or extremely expensive provision, for example, to which the bidder wishes to raise an objection, this must be done in writing to HCESC through the question process outlined in the Instructions to Bidders. Such inquiries will have a response issued by addendum only, and the resulting decision circulated to all bidders of record. A39. Source of Specifications/Bid Packages Bid packages for routine goods and services are available from http://purchasing.hcesc.com at no cost to the Bidder. All addenda are posted on this site. Potential Bidders are cautioned that they are bidding at their own risk if they receive the specifications from a third party. HCESC is not responsible for third-party supplied specifications. pg. 26 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP http://purchasing.hcesc.com A40. Force Majeure Neither party shall be liable in damages for any failure, hindrance, or delay in the performance of any obligation under the 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, 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 HCESC to provide goods or services cannot unilaterally claim an increase in the cost of the contract because of Force Majeure. A41. Withdrawal of Bids The Business Administrator may consider a written request from a respondent to withdraw a bid if the written request is received by the Purchasing Agent before the advertised time of the bid opening. Any respondent who has been granted permission by the Purchasing Agent to have his/her bid withdrawn cannot re-submit a bid for the same advertised bid project. That respondent may, in the sole discretion of HCESC, also be disqualified from future bidding on the same project if the project is re-bid. After the Bid Opening HCESC may consider a written request from a respondent to withdraw a bid if the written request is received by the Purchasing Agent 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 respondent who wishes to withdraw a bid must provide certification supported by written factual evidence that an error or omission was made by the respondent and that the error or omission was a substantial computational error and/or an unintentional omission. The request to withdraw a bid after the bid opening may be reviewed by the Purchasing Agent and other interested administrators; and/or the Board Attorney and a recommendation will be made to the HCESC. If HCESC, in its sole discretion, 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 respondents request to withdraw the bid is denied and a contract is awarded to the respondent but fails to execute the contract, the bid guarantee (if any) will be forfeited and become the property of HCESC. A42. Notarized Documents Forms that require notarization in the bid do not have to be notarized if the bidder includes a statement with the bid stating that they are unable to have it notarized due to the current pandemic situation. A43. Document Retention The Contractor/Vendor shall maintain all documentation for a period of five (5) years from the date of the final payment. Such records shall be made available to the New Jersey Office of the State Controller upon request. pg. 27 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP A44. Marketing Contractors are encouraged to market & promote the contract in cooperation with HCESC. The awarded Contractor must work with HCESC to make Co-op Members aware of the benefits of the contract. The Contractor agrees to provide HCESC with a copy of all advertisements or promotional material for approval. The Contractor will provide HCESC with the date of release and name of publication, journal, etc. if applicable. If awarded a contract, the Contractor shall be willing and able to place a label of each piece of advertising that is sent or delivered to a public educational institution in the State of NJ identifying that the Contractor has a contract with HCESC. The label will have the HCESC contract number, phone numbers, and other information to assist the buyer. The Contractor will include the HCESC logo, web address, and contact information in all print, electronic mail, and other advertising and promotion intended for release to Co-op Members. The HCESC logo and information shall be clearly readable in size, and in appropriate proportion to the other elements in the print material. Contractor agrees to make available brochures or other promotional materials that mention HCESC or the ensuing contract, prior to distribution, on booths, tables, etc. of any or all exhibits for which the Contractor displays/participates at trade shows, conventions, etc. The Contractor will supply scheduled exhibit dates in advance. The Contractor agrees to insert the HCESC logo, web address, and contact information on the Vendors website promoting and providing a link to the HCESC website. The Contractor will also provide HCESC with text, links, and logos for the Contractor to be posted on the HCESC website. B- Additional Requirements and Conditions B1. Scope of Services Repair & Conditioning (Open-Ended Contracts, Purchase as Needed). Under this contract, the Contractor shall provide labor and materials for repair & conditioning work when directed by the Co-op Member for any equipment owned & maintained by the Co-op Member at the contract prices for time and materials. Time and material services under this Contract will be requested and individually specified and contracted for by and with the Co-op Member. It is understood by all parties that there is no express or implied guarantee made by either the HCESC or the Co-op Members as to a minimum number or amount of any service contracted. pg. 28 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP B2. Contractors Estimates Contractors must provide quotes at no cost prior to any work started if requested by the Co-op Member. B3. Delivery of Service The bidder hereby acknowledges that they will work with the Co-op Members to ensure satisfactory completion of all work. The vendor will pick up all music instruments for repair/conditioning at the appropriate school locations. Items will be repaired/conditioned and returned to the appropriate school locations within one week of the initial pick-up unless an extension approval is received from the Music Department Chair. All repaired/conditioned music instruments will be returned to the school site appropriately sanitized and in playing condition. Employees of the Contractor shall perform all work. No work shall be subcontracted to other contractors without the prior approval of HCESC and at no increase in contract prices for the time. B4. Guarantees and Warranties All installations including all materials, equipment, and installation labor shall be warranted by the Contractor to be free of defects for a period of at least one year after completion of the installations. The Contractor shall also provide a warranty for such equipment for the entire period of the manufacturers warranty. All warranties and guarantees provided by vendors for equipment and materials shall be delivered to the Co-op Member prior to payment for the work. Repair, replacement, or other correction of defects under the Contractors warranty shall be at the Contractors sole cost. Warranty for repair/service work shall carry a minimum of one (1) month manufacturers warranty that includes parts and labor. pg. 29 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP This form must be included with bid submission Exhibit A EEO/Affirmative Action Compliance Notice N.J.S.A. 10:5-31 and N.J.A.C. 17:27 Goods, Professional Service, and General Service Contracts All successful bidders are required to submit evidence of appropriate affirmative action compliance to the Hunterdon County Educational Services Commission and Division of Public Contracts Equal Employment Opportunity Compliance. During a review, Division representatives will review the HCESC files to determine whether the affirmative action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor shall submit to the HCESC, within seven (7) days after receipt of notification of intent to award, prior to execution of the contract, one of the following documents: Goods and General Service Vendors 1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned affirmative action program. A copy of the approval letter is to be provided by the vendor to the Commission and the Division. This approval letter is valid for one year from the date of issuance. Do you have a federally approved or sanctioned EEO/AA program? Yes_____ No_____ If yes, please submit a Photostatic copy of such approval. 2. A certificate of Employee Information Report (hereafter Certificate), issued in accordance with N.J.A.D. 17:27 et seq. The vendor must provide a copy of the Certificate to the HCESC as evidence of its compliance with the regulations. The Certificate represents the review and approval of the vendors Employee Information Report, Form AA-302 by the Division. The period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to their expiration date in order to remain valid. Do you have a State Certificate of Employee Information Report Approval? Yes_____ No_____ If yes, please submit a Photostatic copy of such approval. 3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to the Division with a check or money order for $150 made payable to Treasurer, State of NJ and forward a copy of the Form to the HCESC along with proof of payment to the State. Upon submission and review by the Division, this report shall constitute evidence of compliance with the regulation. Prior to the execution of the contract, the EEO/AA evidence must be submitted. The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal Employment Opportunity Compliance, with a copy to the Public Agency. The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms of evidence. The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.S.A. 17:27. Company______________________________ Signature______________________________ Print Name_____________________________ Title__________________________________ Date________________________ pg. 30 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP 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 et seq. Goods, General Services, and Professional Services 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 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 contractors 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 the 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. 17:27-5.2. The contractor or subcontractor agrees to inform in writing 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. pg. 31 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP AFFIRMATIVE ACTION LANGUAGE continued 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: 1-Letter of Federal Affirmative Action Plan Approval 2-Certificate of employee Information Report; or 3-Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Divisions website at www.state.nj.us/treasury/contract_complicance. 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. Acknowledged: Vendor Name: _______________________________________ By: _______________________________________ Date: _______________________________________ For further information: http://www.state.nj.us/treasury/contract_compliance/pdf/pa.pdf Version 4/16 pg. 32 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP http://www.state.nj.us/treasury/contract_complicance http://www.state.nj.us/treasury/contract_compliance/pdf/pa.pdf This Form Must Accompany Bid Submission Exhibit B NON COLLUSION AFFIDAVIT STATE OF NEW JERSEY COUNTY OF ss: I, of the City of in the County of and the State of Of full age, being duly sworn according to the law on my oath depose and say that: I am Of the firm of The bidder making the Proposal of the above-named project, and that I executed the said proposal with full authority so to do; that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above-named project; and that all statements contained in the said proposal and in this affidavit are true and correct, made with full knowledge that the Hunterdon County Educational Services Commission relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed 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 _________________________________(N.J.S.A. 52:34-15) Name of Contractor __________________________________ Bidders Signature __________________________________ Type or Print Name of Bidder Subscribed and sworn to before me This day of ___________________ _____________________________ Seal Notary Public My Commission expires ____________________20___ pg. 33 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP This Form Must Accompany Bid Submission Bidders Acknowledgement of receipt of addenda to bid documents Exhibit C The undersigned Bidder hereby acknowledges receipt of the following Notices, Revisions, and/or Addenda to the bid advertisement, specifications, and bid documents. By indicating the date of receipt, Bidder acknowledges the submitted bid takes into account the provisions of the Notice, Revision, or Addendum. Note that the Commissions record of notice to Bidders shall take precedence and that failure to include provisions of changes in a bid proposal may be subject to rejection of the bid. Reference Number or Title of Addendum/Revision/Notice How Received (mail, fax, pick-up, Etc.) Date Received Acknowledgment by Bidder: Name of Bidder: _________________________________________________ By Authorized Representative: Signature: _______________________________________________________ Printed Name and Title: _____________________________________________ Date: _______________________ pg. 34 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP 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 the cause for the 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 owns 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 Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II pg. 35 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP If a bidder has a direct or indirect parent entity that 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 Hunterdon County ESC 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 Hunterdon County ESC to notify the Hunterdon County ESC 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 Hunterdon County ESC 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 the cause for the automatic rejection of the bid or proposal. pg. 36 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP Americans with Disabilities Act of 1990 Equal Opportunity for Individuals with Disability The Contractor and the 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 are all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, 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 owners grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to the 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 the 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. pg. 37 Musical Instruments-Equipment, Supplies, Repair & Conditioning #HCESC-CAT/SER-21-14 34HUNCCP October 20, 2004 Revised Contract Language for BRC Compliance Goods and Services Contracts (including purchase orders) *Construction Contracts (including public works related purchase orders) N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods, or perform services for a contractor fulfilling this contract: 1) The contractor shall provide written notice to its subcontractors and suppliers to submit proof of business registration to the contractor; *2) Subcontractors through all tiers of a project must provide written notice to their subcontractors and suppliers to submit proof of business registration and subcontractors shall collect such proofs of business registration, and maintain them on file; 3) Prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors and suppliers* or attest that none was used; and, 4) During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State. A contractor, subcontractor, or supplier who fails to provide proof of business registration or provides fals