TOWN OF KEARNY

NOTICE IN ACCORDANCE WITH N.J.S.A. 19:44A-20.4, et seq.

 

NOTICE is hereby given that proposals to the Mayor and Council for a “fair and open” contract will be received by the Town Clerk on December 28, 2006 at 10:00 a.m., at the Town Hall, 402 Kearny Avenue, Kearny, New Jersey 07032 at which time said bids will be publicly opened and read for each of the following services to be performed during the calendar year 2007:

 

SERVICES:

 

 

1. All of the services as TOWN AUDITOR, including the following:

 

(a)                The preparation and submission of financial statements in accordance with the accounting principles or practices prescribed by the Division of Local Government Services, Department of Community Affairs, State of New Jersey. The document will include the additional information required by that Division. and a:

 

(i)                  Schedule of expenditures of federal awards and a

 

(ii)                Schedule of expenditures of state awards.

 

All of the foregoing will be subjected to the auditing procedures in the audit of financial statements.

 

(b)               The expression and submission of an opinion as to whether the financial statements are fairly presented, in all material respects, in conformity with the accounting principles and practices prescribed by the Division of Local Government Services.

 

(c)                The conduct of an audit and the submission of an audit report prepared in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and the accounting practices prescribed by the Division of Local Government Services. It will include tests of the accounting records of the Town and other procedures considered necessary.

 

(d)               The preparation and submission of the following reports:

 

·                    Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.

 

·                    Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations and N.J. OMB circular 04-04, Single Audit Policy for Recipients of Federal Grants, State Grants and State Aid.

 

 

2.                  All of the services as BOND COUNSEL, including the following:

 

(a)                Preparation or review of all bond ordinances adopted or to be adopted by the governing body.

 

(b)               Assemblage of a certified record of proceedings to evidence the proper adoption of each bond ordinance in accordance with the provisions of the Local Bond Law and other applicable New Jersey Statutes.

 

(c)                Preparation of the necessary resolutions or other operative documents to set up the bond sale and submission of them to the Town Attorney for review; seeking the advice of the Auditor in connection with appropriate maturity schedule for bonds to be sold; seeing to the printing and the distribution of the Official Statement to those financial institutions that customarily submit bids for new issues of New Jersey municipal bonds of that type; arranging for the printing of the notice of sale in The Bond Buyer and answering inquiries made by the investment community concerning the bond sale; attending the bond sale and rendering legal advice as necessary concerning the submission of bids for the bonds in accordance with the notice of sale and the requirements of law; after the bond sale, preparing the bonds for execution; preparing and seeing to the execution of the necessary closing certificates and establishing the time and the place for the delivery of the bonds to the successful bidder; attending the closing with the appropriate officials, at which time the bonds will be delivered, payment will be made for the bonds, and issuing a final approval legal opinion with respect to the validity of the bonds.

 

(d)               For bond anticipation notes or tax anticipation notes, preparing any necessary resolutions to authorize the sale of such notes and submitting them to the Town Attorney for review. When the purchaser and the details of the notes have been determined, preparing notes for execution and preparing the appropriate closing certificates and an approving legal opinion with respect to the notes. Unless requested otherwise, forwarding the notes, closing papers and approving legal opinion to the Town Attorney for execution and delivery.

 

(e)                Providing basic advice in regard to the effect of the federal arbitrage regulations on the issuance of bonds or bond anticipation notes and the investment of the proceeds thereof.

3.                  All of the services as TOWN ATTORNEY, including the following:

 

(a)                Providing legal advice to the Mayor, Council and Town Administrator; attendance at all normally scheduled meetings, agenda meetings and special meetings; preparing all routine and recurrent ordinances, resolutions, documents and instruments; and

 

(b)               Representing the Town in all tax appeals before the Hudson County Board of Taxation.

 

(c)                Representing the Town in all litigation, including matters in the Tax Court, non-routine matters that may require research or special attention.

 

 

4.                  All of the services as ASSISTANT TOWN ATTORNEY (Number One), including the following:

 

(a)                Legal services as Assistant Town Attorney as provided for in Sections 2-25.4 (b)(5) of the Town Code, as amended.

 

(b)               Representing the Town in grievance arbitrations at the Town PERC level.

 

(c)                Representing the Town in the prosecution of departmental disciplinary charges at the Town level.

 

(d)               Representing the Construction Board of Appeals at the Town level.

 

(e)                Representing the Affordable Housing Board at the Town level.

 

(f)                 Representing the Town in (a) any appeals to the Superior Court from determinations made in grievance arbitrations at the Town-PERC level, (b) in any appeals to the Office of Administrative Law from determinations made in any departmental disciplinary proceedings, (c) in any E.E.O.C. actions whether in the Superior Court or the U.S. District Court, (d) before the Merit System Board or in any appeals therefrom, (e) in any appeals to the Superior Court from Construction Board Appeals or Affordable Housing Board determinations, and (f) in any additional matters which may be assigned to him from time to time by the Town Attorney with the consent of the Mayor and Council, including, but not limited to, litigation wherever venued.

 

 

5.                  All of the services as ASSISTANT TOWN ATTORNEY (Number Two), including the following:

 

(a) Representing the Town in labor and employment matters assigned by the Town or its representatives, including, if necessary all court appearances, arbitrations, conference, negotiations, meetings, research, investigations, correspondence, telephone calls, preparation and drafting of pleadings and other legal documents, trial preparation and related work.

 

 

6.                  All of the services as CLAIMS ADMINISTRATOR, including the following:

 

(a)                Handling of all loss adjustments, investigations and settlements (within the approval authority) of reported claims, which shall include any of the following:

 

Workers’ Compensation – Medical Only and Non-Medical Only

Automobile Liability, General Liability and Police Professional Liability

 

(b)               Maintaining a claim file for each reported claim and preserving such records as required by state statutes and/or regulations and providing such records to the Town upon request.

 

(c)                Submitting monthly loss runs within 15 days following the end of each month and in the year end report providing complete data by “Policy Year” in such format as to be readily usable by all service professionals without further modification.

 

(d)               Providing complete accounting for the program which at all times is subject to review by the Town.

 

(e)                Recommending claim reserves and providing a continuous review and updating of these reserves to reflect changes.

 

(f)                 Reporting all claims to the insurance carrier and reinsurers in accordance with the reporting requirements established by the excess carrier or reinsurers and coordinating investigations on litigation matters with attorneys of the excess insurance carrier or reinsurers as required.

 

(g)                Being available to consult with the Town on any coverage or insurance matter and making available to the Broker/Administrator and/or Risk Manager the expertise and experience of its staff of professionals to assist in achieving a successful program.

 

(h)                Assisting in the collection of subrogation claims.

 

(i)                  Preparing reports required pursuant to any state statutes and any regulations enacted pursuant thereto.

 

(j)                 Preparing and providing claim reports reasonably required by excess insurance carriers.

 

(k)               Preparing all checks or vouchers to satisfy all approved and authorized claims against the Town (including allocated claims expense).

 

(l)                  Notify the Town, in writing, on any claim which is subject to payment that exceeds $10,000.00, exclusive of legal fees, expenses, and such other items as may be charged to the Town.

 

(i)                  Providing the Town with a listing of all claim and expense payments made against the Town’s account on a monthly basis.

 

(m)              If during the course of an investigation the existence of a hazardous condition is identified, preparing a written report to be submitted to the Town immediately.

 

(n)                Preparing computerized claim activity reports for all matters.

 

(o)               Providing as to all sizable and unusual claims a review and report:

 

(i)                  by dollar loss

(ii)                by accident frequency

(iii)               by accident cause

 

(p)               Such other services as may be required by the Town, the Town’s bylaws, the risk management plan and the statutes and regulations pertaining to the Town.

 

(q)               Providing all necessary personnel to perform the services agreed upon.

 

 

 

7. All professional RISK MANAGEMENT CONSULTING SERVICES, for the Town of Kearny Insurance Fund Commission which is a member of the Middlesex County Municipal Joint Insurance Fund, in part, pursuant to P.L. 1993 Chapter 269 (N.J.S.A. 40A: 10-36); including the following:

 

a)      Assistant the TOWN in identifying its insurable Property & Casualty exposures and to recommend professional methods to reduce, assume or transfer the risk or loss.

 

b)      Assist the TOWN in understanding the various coverages available and claims issues.

 

c)      Review with the TOWN any additional coverages that the CONSULTANT feels should be carried but are not available from the Insurance Fund or Program and subject to the TOWN’S authorization, place such coverages.

 

d)      Assist the TOWN in the preparation of applications, statements of values, and similar documents requested it being understood that this Agreement does not include any appraisal work by the CONSULTANT.

 

e)      Review Certificates of Insurance from contractors, vendors and professionals when requested by the TOWN.

 

f)        Review the TOWN’S assessment and assist the TOWN in the preparation of its annual insurance budget.

 

g)      Review the loss and engineering reports and generally assist the safety committee in its loss containment objectives. Assist where needed in the settlement of claims, with the understanding that the scope of the CONSULTANT’S involvement does not include the work normally done by a public adjuster.

 

h)      Perform any other risk management related services required by the Fund’s bylaws.

 

 

CRITERIA FOR THE AWARDS:

 

The criteria that will be used as the “basis of award” for each of the foregoing include:

 

(a)                Experience and reputation in the field and staff adequacy.

 

(b)               Knowledge of the Town of Kearny and the subject matters to be addressed under the contract.

 

(c)                Availability to accommodate all meetings of the Town.

 

(d)               Compensation proposal.

 

(e)                Other factors if deemed to be in the best interest of the Town.

 

 

 

PROPOSAL DOCUMENT:

 

There is no formal proposal document, but the proposal shall be submitted on the letterhead of the proposing party with a certification as to the truthfulness and accuracy of the submission. Proposals should be addressed to the Town Clerk, Town of Kearny, Town Hall, 402 Kearny Avenue, Kearny, New Jersey 07032 and must be enclosed in a sealed envelope bearing the name and address of the proposing party.

 

CERTIFICATION:

 

Each proposal shall also contain a certification that the proposing party:

 

(a)                Agrees to comply fully with the terms, provisions and the conditions of N.J.A.C. 17:27.

 

(b)               Knows of no conflict raised by the proposed retention.

 

(c)                Has a professional malpractice insurance policy in effect in the amount of one million dollars with a company authorized by the Department of Insurance to do business in New Jersey. The proposing party is obligated to notify the Town if it receives notice of any proposed termination during the term of any Agreement. It shall state an acknowledgement that if the coverage of that policy is terminated during the term of any Agreement, the Agreement shall terminate automatically.

 

The Mayor and Council reserve the right to waive any minor irregularities or to reject any or all proposals.

 

By order of the Mayor and Council of the Town of Kearny.

 

 

_________________________

Jill Waller, Acting Town Clerk

Town of Kearny