Instructions to vendors and general specifications substitute staffing services management program

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BID PROPOSAL FORM (Continued)

WEST LONG BRANCH BOARD OF EDUCATION

135 Locust Avenue, West Long Branch, New Jersey 07764

INSTRUCTIONS TO VENDORS AND

GENERAL SPECIFICATIONS
SUBSTITUTE STAFFING SERVICES MANAGEMENT PROGRAM

Bid No: 2015-001
The West Long Branch Board of Education hereby advertises for competitive proposals in accordance with N.J.S.A. 18A:18A-4.1 and 18A:18A-21 (a,b).
DUE DATE:
Sealed proposals will be received, opened and publicly announced by the Business Administrator/Board Secretary of the West Long Branch Board of Education, or designee, at the Board of Education offices, 135 Locust Avenue, West Long Branch, New Jersey on Tuesday, March 17^th at 11:00 AM.

No proposals will be received after said time, nor will any proposal be allowed to be modified or withdrawn after the time set for opening. Services are scheduled to be awarded at a future meeting of the West Long Branch Board of Education.

PROPOSALS MUST BE SEALED AND ADDRESSED ON THE OUTSIDE OF THE ENVELOPE AS FOLLOWS:
TO: Mr. Dennis Kotch, Business Administrator/Board Secretary

West Long Branch Board of Education

135 Locust Avenue, West Long Branch, NJ 07764
BID: Substitute Staffing Services

Bid No: 2015-001
REQUESTS FOR ADDITIONAL INFORMATION (RFI’S) MUST BE SUBMITTED IN WRITING VIA EMAIL ONLY TO:
Mr. Dennis Kotch

Business Administrator

Email: dkotch@wlbschools.com

Deadline for the submission of RFI’s is 12:00 p.m. on Friday, March 13, 2015.

GENERAL TERMS AND CONDITIONS FOR PROCUREMENT

AND/OR PROFESSIONAL SERVICES

The Vendor must state his/her proposal(s) on Board of Education bid form and further must execute the Board of Education Contract Sheet. It is required that Board of Education forms be used.

The Board reserves the right to reject any or all proposals, or to accept the bid, which in its judgment, is in the best interest of the school district, and to waive any information.

Proposals are to be in a sealed envelope plainly marked with the items bid, and delivered to the Business Administrator/Board Secretary on or before the stated time. It is understood and agreed that any person in the office of the Board of Education will be absolved from responsibility for the premature opening of any bid not properly sealed. The Board of Education does not accept electronic (e-mail) submission of Proposals.

No proposal will be accepted after the time set in the advertisement for the opening of proposals, nor will any proposal be allowed to be modified or withdrawn after the time set for opening.

Bid must include unit prices, extensions and grand totals.

Alternative Dispute Resolution Process:

All disputes relating to the performance of the contract shall be submitted first to non-binding mediation by a single mediator. The mediation shall be held at the Board of Education offices before a single mediator who is mutually acceptable to the parties. The parties shall share the mediator’s fees equally. If the dispute is submitted for mediation, the neutral party must demonstrate knowledge of the Public Schools Contract Law. The arbitration of claims is expressly excluded under this contract. This alternative dispute resolution practices required by this section shall not apply to disputes concerning the bid solicitation process, or to the formation of contracts. Nothing shall prevent either party from seeking injunctive or declaratory relief in court at any time.

Any Vendor for listed services must be known to be engaged in the business and well qualified to carry out his contract; and satisfactory testimonials to that effect must be furnished when required.

The Board reserves the right to reject any or all proposals, in whole or in part, to make awards item by item, by parts or in bulk, to waive minor defects and to cancel said contract at any time if the foregoing conditions are not complied with, or for any good and sufficient reason, if deemed to be in the best interest of the school district to do so.

It shall be understood and agreed that quantities designated in the specifications are estimated only and may be increased or decreased at time of award in accordance with the actual normal requirements of the Board of Education.

If the person or firm to whom an award is made shall fail to furnish and deliver the supplies, materials and/or equipment within the time specified and allowed, the Board of Education may cancel the remainder of the order and may deduct and retain out of the monies due, or which may become due to such person or from the Board of Education, such sum as shall be sufficient to pay the difference between the prices on which the award is made and the prices which the Board of Education may, or shall be obliged to pay to procure such supplies from other parties.

Reservation of Rights to Board of Education:

The Board of Education reserves the right to select any combination of proposals or to award the contract in part or whole, to make awards item by item, by parts or in bulk, and to waive any informalities in or to reject any or all proposals if deemed to the best interest of the Board of Education to do so. If two or more vendors offer equal values, the Board reserves the right to make the award to only one of these vendors, or to make an award to any two or more vendors.

If any conflict between the general terms and conditions and specifications provided by the Board of Education exist, the specifications shall prevail.

If applicable, a notarized Affidavit stating the Contractor has been qualified by the State Board of Education is to be submitted with the bid.

Insurance and Indemnification:

The vendor to whom the contract is awarded for any service work or construction work shall secure, pay the premiums for and keep in force until the contract expires, insurance of the types and amounts listed below, said insurance is to be placed with an insurance carrier rated at least “A” or better by A.M. Best and Company and be licensed to do business in the State of New Jersey and said insurance is to include a Waiver of Subrogation where permitted by law, include the Board as an Additional Insured as indicated, and be primary and non-contributory. The vendor shall be responsible for the proper coverage of and liability for the actions/inactions of any certified or non-certified substitute for any claims or the like, including but in no way limited to failure to education, Individual Education Plan (IEP) issues, allegations of abuse, molestation, etc.:

General Liability $2,000,000 General Aggregate

Including Abuse & Molestation $1,000,000 Products

$1,000,000 Personal Injury

$1,000,000 Each Occurrence

$50,000 Fire Damage

$5,000Medical Expense

(A) Insurance Certificate – When Required

The vendor must present to the Board of Education an insurance certificate in the above types and amounts before any work or service begins.
Automobile liability insurance shall be included to cover any vehicle used by the insured.
The certificate holder shall be as follows:

West Long Branch Board of Education

c/o Business Administrator/Board Secretary

135 Locust Avenue

West Long Branch, NJ 07764

Additional Insured Claim – The contractor must include the following clause on the insurance certificate:

“West Long Branch Board of Education is named

as an additional insured for General Liability (including Abuse & Molestation coverage), Automobile Liability and Excess/Umbrella Liability.”

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

Commercial Automobile Liability – Coverage is to be included for all owned, hired, and non-owned vehicles that the contractor or their employees may use:
Automobile Liability $1,000,000 Combined Single Limit
Commercial Excess/Umbrella Liability – Coverage is to be provided excess of the General Liability, Automobile Liability, and Employers’ Liability coverages:
Excess/Umbrella $5,000,000 Per Occurrence/General Aggregate
(B) Indemnification:
The vendor shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the Board and its agents, employees and Board members, from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses (including, but not limited to, attorney’s fees) in connection therewith on account of bodily injury (including death), and property damage including loss of use of that property, which shall arise from or result directly or indirectly from the actions of the substitute staff that are provided to the Board under this contract and for the performance or failure to perform of said substitute staff as agreed upon under the contract or by a party for whom the vendor is liable. This indemnification obligation is not limited by, but is in addition to, the insurance obligations contained in this agreement. The vendor shall assume all risk of and responsibility for, and agrees to indemnify, defend and save harmless the Board and its agents, employees and board members, from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses (including, but not limited to, attorney’s fees) for any allegations against certificated and non-certificated substitutes by others.
The vendor is to assume all liability of every sort incident to the work, including property damage caused by him or his men or by any subcontractor employed by him or any of the subcontractor’s men.

Bid Guarantee and Bonding Requirements (N.J.S.A. 18A:18A-24):

Please note: The name, address, and phone number of the Bond Underwriter as well as the Bond Number shall be included with all bonds submitted to the Board of Education.

(A) Bid Guarantee XX Required ____ Not Required
When required, each bid shall be accompanied by a bid bond, cashier’s check or certified check for twenty percent (20%) of the amount of the bid, but not in excess of $20,000. This guarantee shall be made payable to the West Long Branch Board of Education. Such deposit shall be forfeited upon refusal of a Vendor to execute a contract; otherwise, check shall be returned when the contract is executed and surety (performance) bond is filed with the West Long Branch Board of Education.
The bid security check for unsuccessful Vendors will be returned as soon after the bid opening as possible but in no event later than ten (10) days after the bid opening.

Subcontracts:

The Board of Education will recognize only the successful vendor for the proper execution of the entire work under the contract. No subcontractor will be allowed to perform any work without the express permission of the Board of Education.

Proposals may be required to be accompanied by a consent of Surety, when applicable, executed by Bonding Company, authorized to do business in the State of New Jersey and completion bond when required specs will so state.

The Board of Education reserves the right to use any category of proposals as quotations pursuant to N.J.S.A. 18A:18A-37 and to award the Contract as permitted by that Statute.

Notice of error by a vendor must be submitted to the Board of Education in writing within 48 hours. The Board reserves the right to allow the vendor to make the correction provided they do not violate the law or hold the vendor to the prices and extensions quoted.

Affirmative Action Requirements:

Each 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:

Appropriate evidence that the contractor is operating under an existing federally approved or sanctioned affirmative action program; or
A certificate of employee information report approval issued in accordance with N.J.A.C. 17:27-4; or
An employee information report (Form AA302) provided by the Division and distributed to the public agency 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 submission of bid. However, the Board 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.A.C. 17:27 et. seq.

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.

Compliance with All Laws:

Special attention is called to requirements for Public Liability and Property Damage Insurance, Workmen’s Compensation Insurance, Social Security Act, Labor, Employment, Unemployment, Wages, Hours, Discrimination in Employment and Assignment of Contract.

The provisions of the New Jersey School Law shall bind all parties and interests to the Contract. Contractors shall comply with all Federal and State Laws, and all rules and regulations of health, public or other authorities controlling or limiting the methods, materials to be used or actions of those employed in work of this kind.
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 provide by the Contractor.

Business Registration Certificate (N.J.S.A. 53:32-44):

Pursuant to N.J.S.A. 52:32-44 as amended by P.L. 2004-Chapter 57, all Vendors shall submit with their bid package a copy of their “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 with the bid package or prior to the award of contract will be cause for the rejection of the entire bid.

Purchase Order Required; Notice to Proceed:

No contractor or vendor shall commence any project, provide any service or deliver any goods until he/she is in receipt of an approved purchase order authorizing work to begin or goods to be delivered.

Documents, Missing/Illegible:

The vendor shall familiarize him/herself with all forms provided by the Board that are to be returned with the bid. If there are any forms either missing or illegible, it is the responsibility of the vendor to contact the Assistant Business Administrator/Assistant Board Secretary at (732) 786-2515 for duplicate copies of the forms. This must be done before the bid date and time. The Board accepts no responsibility for duplicate forms that were not received by the vendor in time for the vendor to submit with his/her bid.

Document Signatures – Original; Blue Ink:

All documents returned to the Board shall be signed with an original signature in ink (preferably blue ink). Failure to sign and return all required documents with the bid package may be cause for disqualification and for the bid to be rejected pursuant to N.J.S.A. 18A:18A-2(y) (non-responsive). The Board will not accept facsimile or rubber stamp signatures.

Examination of Specifications, Acknowledgement:

The vendor, by submitting a proposal, acknowledges that he/she has carefully examined the bid specifications, documents, addenda (if any), and the site; and that from his/her investigation, he/she has satisfied him/herself, as to the nature and location of the work, the general and local conditions and all matters which may in any way affect the work or its performance, and that as a result of such examination, he/she fully understands the intent and purpose thereof, his/her obligations thereunder, and that he/she will not make any claim for, or have any right to damages, because of the lack of any information.

Each vendor submitting a bid for a service contract shall include in his/her bid price all labor, materials, equipment, services, and other requirements necessary, or incidental to, the completion of the work, and other pertinent work as hereinafter described, in accordance with the bid specifications and documents.

Challenges to Bid Specifications (N.J.S.A. 18A:18A-15)

Any prospective vendor who wishes to challenge a bid specification shall file such challenges in writing with the Purchasing Agent no less than ten (10) business days prior to the opening of proposals. Challenges filed after that time shall be considered void and having no impact on the Board of Education or the award of a contract.

False Material Representation (N.J.S.A. 2C:21-34-97(b):

A person commits a crime if the person knowingly makes a material representation that is false in connection with the negotiation, award or performance of a government contract.

Force Majeure:

Neither party shall be liable in damages for any failure, hindrance or delay in the performance of any obligation under this Agreement if such delay, hindrance or failure to perform is caused by conditions beyond the control of either party, including, but not limited to, Acts of God, flood, fire, war or the public enemy, explosion, government regulations whether or not valid (including the denial or cancellation of any export or other necessary license), court order, state funding, or other unavoidable causes beyond the reasonable control of the party whose performance is affected which cannot be overcome by due diligence.

Vendors, and/or contractors who have a contract with the Board of Education to provide goods or services cannot unilaterally claim an increase in the cost of the contract because of Force Majeure.

Taxes

As a New Jersey governmental entity, the Board of Education is exempt from the requirements under New Jersey state sales and use tax (N.J.S.A. 54:32B-1 et. seq.), and does not pay any sales or use taxes. Vendors should note that they are expected to comply with the provisions of 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 Board of Education. Contractors may not use the Board’s tax exempt status to purchase supplies, materials, service or equipment.

41. Termination of Contract
If the Board determines that the contractor has failed to comply with the terms and conditions of the bid and/or proposal upon which the issuance of the contract is based or that the contractor has failed to perform said service, duties and or responsibilities in a timely, proper, professional and/or efficient manner, then the Board shall have the authority to terminate the contract upon written notice setting forth the reason for termination and effective date of termination.
Termination by the Board of the contract does not absolve the contractor from potential liability for damages caused the District by the contractor’s breach of this agreement. The Board may withhold payment due the contractor and apply same towards damages once established. The Board will act diligently in accordance with governing statutes to mitigate damages. Damages may include the additional cost of procuring said services or goods from other sources.
The contractor further agrees to indemnify and hold the District harmless from any liability to subcontractors or suppliers concerning work performed or goods provided arising out of the lawful termination of this agreement.
The contract may be terminated by the Board for convenience without any liability or penalty to the Board except that the contractor shall be paid for services that are rendered prior to the date of termination, excluding loss of profits, loss of business advantage, compensatory or consequential damages.

42. Withdrawal of Proposals

Before The Bid Opening

The Purchasing Agent may consider a written request from a vendor to withdraw a bid if the written request is received by the Purchasing Agent before the advertised time of the bid opening. Any vendor 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 vendor shall also be disqualified from future bidding on the same project if the project is re-bid.

After The Bid Opening

The Board of Education may consider a written request from a vendor to withdraw a bid, if the written request is received by the Purchasing Agent within three (3) business days after the bid opening. A request to withdraw a bid after the specified number of days will not be honored.

The contractor/vendor who wishes to withdraw a bid must provide a certification supported by written factual evidence that an error or omission was made by the contractor and that the error or omission was a substantial computational error or an unintentional omission or both.
The request to withdraw a bid after the bid opening may be reviewed by the Purchasing Agent, the Director of Facilities, other interested administrators; and the Architect of Record for the project (if necessary) and/or the Board Attorney and a recommendation will be made to the Board of Education. If the Board of Education grants permission to have the bid withdrawn the contractor/vendor shall be disqualified from bidding on the same project if the project is re-bid. If the contractor/vendor fails to meet the burden of proof to have the bid withdrawn the request to withdraw the bid will be denied and if the contractor/vendor fails to execute the contract the bid guarantee will be forfeited and become property of the Board of Education.

SCOPE OF WORK
Purpose of the Request:
The West Long Branch Board of Education has established an immediate need for a substitute staffing services management program.
The West Long Branch Board of Education realizes that the price for services is the primary factor for selecting a provider; they also acknowledge that other relevant factors will benefit the Districts priorities, goals, and services to schools. Therefore they will use a weighing of factors in awarding this bid.

Selection Criteria	Weight
Price of the goods and services	35%
Understanding of Needs	15%
Prior experience	20%
Personnel Qualifications	20%
Financial Stability	10%
Total	100%

SUBSTITUTE STAFFING SERVICES MANAGEMENT PROGRAM
A. PURPOSE

In accordance with N.J.S.A.19:44A-20.4 et seq., the West Long Branch Board of Education is requesting proposals from educational staffing management firms to provide a substitute staffing services management program to the Board of Education for certified and non-certified staff positions including, but not limited to: Teachers, Nurses, Instructional Assistants, Lunch Assistants and Secretaries. It is the intention of the West Long Branch Board of Education to award a one (1) year contract, with an option to renew as allowed by law.

B. SCOPE OF SERVICE

The successful firm shall provide the West Long Branch Board of Education with:

Teacher Substitutes:

Daily Certified Teachers at a minimum per diem rate of $80 for a Full Day and $40 for a Half Day.
Daily County Certified Substitute Teachers at a minimum per diem rate of $75 for a Full Day and $37.50 for a Half Day.
Long Term Substitutes (working more than twenty-one (21) consecutive days) will be paid a minimum per diem rate of $175.

Nurse Substitutes:

Daily Certified Nurses at a minimum per diem rate of $185 for a Full Day and $92.50 for a Half Day.

Instructional, Lunch, Safety, and Bus Assistant Substitutes:

Substitute Instructional Assistants paid at a minimum rate of $8 per hour.
Substitute Lunch Assistants paid at a minimum rate of $8 per hour. (Hours vary by assignment, assume a 2 hour work day for purposes of this bid)

Secretary Substitutes:

Substitute secretaries paid at a minimum rate of $8 per hour. (Work day is 7 hours, exclusive of lunch.)

Other Requirements:

Bid Security – Each bid shall be accompanied by a bid bond, cashier’s check or certified checkfor twenty percent (20%) of the amount of the bid, but not in excess of $20,000. This guarantee shall be made payable to the West Long Branch Board of Education. Such deposit shall be forfeited upon refusal of a Vendor to execute a contract; otherwise, check shall be returned when the contract is executed and surety (performance) bond is filed with the West Long Branch Board of Education.

Performance Surety – Simultaneously with delivery of executed contract, within eight (8) work days after notice of contract award by the Board of Education, the successful vendor must delivery to the Board of Education an executed bond in the amount of no less than twenty (20) percent of the TOTAL PROJECTED GROSS RECEIPTS of the program as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials in connection therewith, having as surety such surety company or companies as are acceptable and approved by the State of New Jersey and as such are authorized to transact business in this state.

The bond shall be maintained in full force for a period of twelve (12) months after date of termination of contract, or until the West Long Branch Board of Education is satisfied that all unpaid claims against the vendor have been resolved. The vendor shall not be permitted to operate the program without this contract security in force.

Risk/Blame – During the progress of the contract work, the vendor assumes all risk and bears all loss occasioned through neglect or accident caused by his personnel and to hold harmless the West Long Branch Board of Education.

The bid security check for unsuccessful Vendors will be returned as soon after the bid opening as possible but in no event later than ten (10) days after the bid opening.

Insurance – The successful vendor cannot commence work under the terms of the specifications until it has furnished a certificate of insurance to the West Long Branch Board of Education showing that it has General Liability, Automobile Liability, Excess/Umbrella Liability and Workers’ Compensation insurance providing and including full coverage for all subcontractors, the West Long Branch Board of Education and its agents and employees as Additional Insured’s. Such insurance shall be procured and maintained by the vendor at its expense (not the expense of the program). Only insurance by companies licensed to do business in the State of New Jersey with a rating of “A” or better from A.M. Best and Company are acceptable and said insurance is to include a Waiver of Subrogation where permitted by law, include the Board of Education as an Additional Insured as indicated, and be primary and non-contributory.

The minimum limits of Bodily Injury and Property Damage under a General Liability policy shall be $5,000,000 and such limits can be satisfied in conjunction with an Excess/Umbrella policy. The vendor shall not allow such insurance to cancel or be modified without providing thirty (30) days advance notice to the West Long Branch Board of Education. The successful vendor shall indemnify and hold harmless the West Long Branch Board of Education, its agents and its employees through appropriate insurance (evidence of same will be submitted). The certificate holder shall be as follows:

West Long Branch Board of Education

c/o Business Administrator/Board Secretary

135 Locust Avenue

West Long Branch, NJ 07764
The vendor must include the following clause on the insurance certificate:
“West Long Branch Board of Education is named

as an additional insured for General Liability (including Abuse & Molestation coverage), Automobile Liability and Excess/Umbrella Liability.”

Indemnity – The vendor hereby assumes the entire responsibility and liability in and for any and all damages and/or injuries of any kind or nature whatsoever, to all persons, whether employees or otherwise and to property growing out of or resulting from the operation of the cafeteria as herein before set forth and provided for in this contract, and for any and all damages and/or injuries of any kind which shall incur in connection therewith and said vendor agrees to indemnify, defend and save harmless the West Long Branch Board of Education, Monmouth County, its agents, servants and employees from and against any and all loss, expenses including legal fees and disbursements, damages and/or injuries growing out of or resulting from or occurring in connection with the execution of the work herein provided for and including by way of example and not by way of limitation, any losses, expenses, including legal fees and disbursements, damages, or injuries occurring in connection with, or resulting from the use by the vendor, its agents or employees of any equipment, stock, appliance, implements, works, tools or machinery or any other property owned, rented, borrowed by or assigned to the aforesaid West Long Branch Board of Education arising under any law whatever, which may be in effect in the locality in which the work is situated or otherwise.

Sub-Contracts – The West Long Branch Board of Education will recognize only the successful vendor for the proper execution of the work under the contract. No subcontractor will be allowed to perform any work without the express written and prior permission of the West Long Branch Board of Education.

Billing – Billing for daily services provided shall be completed at the end of the month on West Long Branch Board of Education voucher, which must be signed and then submitted to Dennis Kotch, Business Administrator/Board Secretary by the seventh (7^th) of the subsequent month. If billing is denied as a result of the failure of the vendor to comply with the provisions of this contract or any government regulations, the vendor shall assume responsibility for the amount denied. All bills will be audited and will be approved by the West Long Branch Board of Education at a public meeting.

Bills which are incomplete, unsigned or not fully supported by appropriate audit documentation may be withheld from payment until such bills are deemed complete.

Employment of Labor – The vendor shall pay such rates of wages prevailing in the district as will keep the job free from labor troubles, and shall comply with the provisions of the New Jersey Prevailing Wage Act, Chapter 150 of the Laws of 1973 and Executive Order #11246 “Equal Employment Opportunity” as amended and supplemented.

It is expressly understood that currently employed personnel (who have maintained continuous employment in the West Long Branch School District) will be given the opportunity to interview for positions as employees of the vendor. The vendor has the absolute right as permitted by law, to hire whomever it selects as best suited for its operations. The vendor will establish the Terms and Conditions under which any employee will be hired.

The vendor will have the sole responsibility to compensate its employees, including all applicable taxes, insurances and workers compensation and will be solely responsible for any losses incurred by the West Long Branch Board of Education resulting from dishonest, fraudulent or negligent acts on behalf of its employees. State of New Jersey disability insurance shall be provided for all employees eligible for coverage. Eligibility for coverage shall be in accordance with the vendor’s policies.

Equal Employment – The West Long Branch Board of Education and the vendor shall comply with Executive Order #11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, as supplemented in the Department of Labor regulations (41 CFR Part 60) A-102-014(c).

The vendor will maintain on duty a staff which, in the opinion of the school district and the vendor, is adequate for efficient operation, and to provide expert administrative, dietetic, purchasing, engineering, consulting, and personnel advice and supervision. The vendor will employ only persons acceptable to the school district and will transfer or discharge those who are or may become unacceptable. The vendor will provide the district with a full-time, on-site manager, who shall be subject to the West Long Branch Board of Education’s approval prior to starting work in the district.

Terms of Agreement – This agreement shall be for the 2013-2014 school year and may be renewed for additional years, yearly up to the maximum permitted under applicable Federal/State regulations upon a finding by the West Long Branch Board of Education that the services are being performed in an effective and efficient manner; however, if the Board elects to renew the existing contract with the vendor, the terms and conditions of the existing contract shall remain substantially unchanged as per N.J.S.A. 18A:18A-42.1CFR.

This contract may be terminated by either party for cause or convenience upon sixty (60) days written notification as per A-102-014 (a)(b) and 7CFR 210.16 (d). Failure of the vendor to comply with this sixty (60) day provision, the vendor and the Board of Education agree, shall automatically permit the West Long Branch Board of Education to seek fiscal relief under the bid security and/or contract security provisions as set forth in items #1 and #2 above.

Vendor Eligibility – The vendor must submit appropriate evidence demonstrating ability and the resources to administer a successful employee substitute staffing management program. Submit at least five (5) references where the vendor has at least two (2) years experience in operation and management of the public school district’s substitute staffing management program. Experience with School Districts in New Jersey having a minimum of 1,000 students and 150 staff members is preferred. Each vendor should assume references will be checked, including contact with the State of New Jersey, Department of Education and the Department of Criminal History Review Unit.

Failure to comply, by submitting a list of references of districts your company is currently serving shall be considered unsatisfactory and will not meet the minimum requirements of the bid.

Certificates – Upon demand, copies of substitute certificates for all staff assigned to the West Long Branch School District including proof of a satisfactory criminal history review. The West Long Branch School District reserves the sole right to reject any substitute candidate.

Ability to partner/interact with AESOP Education or other comparable absence management software.

Ad hoc reports showing district staff attendance factors, trends, substitute assignments in relation to NJAC 6A:9-6.5(c) and customized reports as needed.

C. QUALIFICATIONS OF RESPONDENTS

All proposals are to be submitted in book form. Due to the complex nature of these services and in order to make it as easy as possible for the review committee to analyze submissions all vendors are to use the following format. Those not following the format outlined will be disqualified:
ALL SUBMISSIONS SHALL INCLUDE THE FOLLOWING MINIMUM INFORMATION:
Section 1 – Executive Summary (Describe vendor background, names of individuals who will perform tasks as well as the listing of their licenses):

Name of the individual(s) to be assigned as the primary contact for the district. Provide a biography explaining past and relevant experience.

Vendor will provide a District Manager assigned to the district.

Provide job descriptions.

Describe daily operations.

Provide detailed information regarding the daily/monthly meetings and communication with the school district.

The vendor must provide a web based substitute placement and absentee management system and automated time clock system that will facilitate the services to be provided, at no additional cost to the district (a list of technical and electrical needs must be submitted as part of this information.)

Describe in detail any web based substitute placement and absentee management system and your how your company utilizes it.

Describe in detail how the automated time clock system links to the substitute placement and absentee management system.

Section 2 – Financial Information (This section will contain all pertinent financial data and a detailed explanation of your billing proposal, time clock system, reconciled invoices process, and breakdown of each individual position billed. Also it is to include the attached billing schedule and bill rates per position.)

Describe your proposed fee structure, including all fees and state and federal employer taxes for the following minimum rates per position:

$175 per day – Long-Term Substitute Teacher Position
$80 per day – Daily Substitute Position – Certified Teacher, CE, CEAS
$75 per day – Daily Substitute Position – County Certified Substitute Teacher
$185 per day – Daily Certified Nurse Position
$8 per hour – Daily Substitute Instructional, Lunch Assistant Positions
$8 per hour – Daily Substitute Secretary Position

Workers’ Compensation Insurance
General Liability Insurance, $5,000,000 coverage (provide proof of insurance)
Affordable Health Care and Related Costs
Absentee Management System
Time Clock System
On Site Management Costs
Accounting System
Sample Billing
Invoice Reconciliation Process
Proposed Contract

Section 3 – Human Resources (This section will contain all information dealing with the vendor’s programs concerning human resources, employee development, management, support resources, training programs, a training and development plan, uniforms and ID badges, and employee benefits.) Expand on each of the listed topics in greater detail.
Section 4 – Recruiting and Hiring Process (This section will contain your recruiting, hiring, credentialing, and evaluation process.) Describe in detail the vendor’s:

Recruiting process
Hiring process
Credentialing processes specific for the State of New Jersey
Employee Evaluation process, In Classroom evaluation
Provide Information on Applicant Tracking System Software
Absentee Management Software

Section 5 – Training (This section will pertain to company training.) Each vendor must provide a detailed training program for certificated and non-certificated substitutes to complete prior to working in the classroom or other district setting.

Give a detailed explanation of vendor’s onsite training program for all newly hired and transitioning certificated and non-certificated substitutes.
Provide experience and credentials of Training Coordinators.
Include Certification information.
Include Resumes.

Section 6 – Transition (This section will describe the transition process from a self-operated program to your company’s program.) Include the following:

District Implementation
Employee Implementation.
Technology Implementation

Rollout
Timing

Section 7 – Required Documentation (The following bid forms and documents should be submitted in the order indicated.)

Bid Proposal Form
References Form
Personnel Qualifications Form
Financial Stability Form
Mandatory Affirmative Action Language – Procurement, Professional and Service Contracts (Signed and dated form must be included in bid submission)
Corporate Disclosure Sheet
Non-Collusion Affadavit
C. 271 Political Contribution Disclosure Form
Stockholder Disclosure Certification
Affirmative Action Questionnaire
Certificate of Insurance
New Jersey Business Registration Certificate
Documentation Checklist

TERM OF CONTRACT:
This is a twelve (12) month contract beginning July 1, 2014 through June 30, 2015 with an option to renew as allowable by law.
SUPERVISION:
All work provided for in these specifications for the West Long Branch Board of Education shall be under the supervision of the Superintendent or his designee.
ELIGIBILITY OF VENDORS:
Please include a copy of vendor’s Minority Business Entrepreneur (“M.B.E.”) Certificate with your submission (if applicable).
The Board of Education may make such additional investigation as it deems necessary to determine the ability of the Vendor to perform all work, and the Vendor shall furnish to the Board of Education all such information and data for this purpose as the Board of Education may request. The Board of Education reserves the right to reject and re-bid if the evidence submitted by, or investigation of, such Vendor fails to satisfy that he/she is properly qualified to carry the obligations of the contract and to complete the work contemplated.
Within Seven Days of the Notice of Intent to award a contract, the Contractor must provide a copy of his "Certificate of Employee Information Report" issued by the New Jersey Department of Treasury for Affirmative Action purposes. If the Contractor does not possess this Certificate, please contact the West Long Branch Board of Education, Business Office to obtain an application Form AA302.

BID PROPOSAL FORM

Substitute Staffing Services Management Program
The West Long Branch Board of Education realizes that the price for services is the primary factor for selecting a provider; they also acknowledge that other relevant factors will benefit the Districts priorities, goals, and services to schools. Therefore they will use a weighing of factors in awarding this bid as outlined under Scope of Work.
We, the undersigned, agree to provide all labor, material and equipment required to supply a “Substitute Staffing Services Management Program” as outlined in the specifications prepared by the West Long Branch Board of Education for the following amounts:

Number of assignments listed below are for bid purposes only and in no way a guarantee of actual district needs as they vary from one year to the next.

Category of Substitute (All Single Day Assignments)	Item	Qty.	Rate Charged to District	Extended Amount
Daily Certified Teachers – Full Day	A	900
Daily County Certified Substitute Teachers – Full Day	B	365
Long Term Substitutes	C	1,234
Daily Nurse Substitutes – Full Day	D	122
Instructional, Lunch Assistant Substitutes – Full Day	E	316
Instructional, Lunch Assistant Substitutes – Half Day	F	223
Daily Secretarial Substitutes – Full Day	G	797
Daily Secretarial Substitutes – Half Day	H	184
TOTAL EQUALIZED COST TO DISTRICT (SUM OF ITEMS ATHRU K)				$

BID PROPOSAL FORM (Continued)

Milestone Discount after first _______ Placements (If offered)	%
Milestone Discount after first _______ Placements (If offered)	%

Company Name:
Address:
City:	State:	Zip Code:
Telephone No:		Fax No:
Email Address:
Name:		Date:

WEST LONG BRANCH BOARD OF EDUCATION

West Long Branch, New Jersey

REFERENCES

Document current and previous experience with projects of similar size and scope (attach additional sheets as needed):

Project Name and Address	Contact Person and Phone Number	Completed? Yes or No	Gross Contract Amount	Anticipated Completion Date if Incomplete

WEST LONG BRANCH BOARD OF EDUCATION

West Long Branch, New Jersey

PERSONNEL QUALIFICATIONS

Provide documentation of personnel qualifications of staff assigned to this project (resumes may be attached):

WEST LONG BRANCH BOARD OF EDUCATION

West Long Branch, New Jersey

FINANCIAL STABILITY

Provide documentation to demonstrate the financial stability of your company (ex. Audited or Compiled Financial Statements):

WEST LONG BRANCH BOARD OF EDUCATION

West Long Branch, New Jersey

P.L. 1975, C. 127 (N.J.A.C. 17:27)

MANDATORY AFFIRMATIVE ACTION LANGUAGE

PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status or sex. Such action shall include, but not 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 in advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color national origin, ancestry, marital status or sex;
The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers’ representative of the contractor’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P..L. 1975, c. 127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status 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.
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 race, creed, color, national origin, ancestry, marital status or sex, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).

RIGHT TO KNOW REQUIREMENTS
As you are aware, we are required under the Right-To-Know Law to label, or have labeled any of the over-two-thousand substances, which may come into this district and deemed hazardous by the NJ Dept. of Environmental Protection.
Due to this requirement, it will be necessary for you to make sure any materials considered “hazardous substances” are delivered to this district with the required label. If said labels are not provided, said materials will be returned to you at your cost.

Company Name:
Signed:		Dated:

WEST LONG BRANCH BOARD OF EDUCATION

West Long Branch, New Jersey

CORPORATE DISCLOSURE SHEET

PROPOSAL CONTRACT
The Vendor further certifies that the following is a complete list of the names and addresses of all stockholders in the corporation who own ten percent (10%) or more of its stock of any class or, in the event that Vendor is a partnership, those partners who own a ten percent (10%) or greater interest therein.
NAME ADDRESS

SIGNED

TITLE DATE
NON-COLLUSION AFFIDAVIT

STATE OF NEW JERSEY

COUNTY OF

I of the City of

in the county of and the State of

of full age, being duly sworn according to law on my oath depose and say that:

I am of the firm of the Vendor making the Proposal for the above named project, and that I executed the said Proposal with full authority so to do; that said Vendor has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said Proposal and in this affidavit are true and correct, and made with full knowledge that the County of Monmouth 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

Subscribed and sworn to

Before me this day (Also type or print name of affiant under signature)

of 20

Notary Public of

My commission expires

C. 271 POLITICAL CONTRIBUTION

DISCLOSURE FORM

Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A.19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:

any State, county, or municipal committee of a political party
any legislative leadership committee^*
any continuing political committee (a.k.a., political action committee)
any candidate committee of a candidate for, or holder of, an elective office:
- of the public entity awarding the contract
- of that county in which that public entity is located
- of another public entity within that county
- or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county

The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:

individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
all principals, partners, officers, or directors of the business entity or their spouses
any subsidiaries directly or indirectly controlled by the business entity
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs).

When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A.19:44A-20.26(b)] The contributor must be listed on the disclosure.

Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.

The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.

The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.

The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.

N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM

Required Pursuant To N.J.S.A. 19:44A-20.26

This form or its permitted facsimile must be submitted to the local unit

no later than 10 days prior to the award of the contract.

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