RFP-FOOD AND BEVERAGE CONCESSION SERVICES

BOROUGH OF PARAMUS

COUNTY OF BERGEN

STATE OF NEW JERSEY REQUEST FOR PROPOSALS

Requests may be emailed to [email protected]

Public Notice is hereby given that on February 21, 2018 at 11:00 a.m., prevailing time, or as soon

thereafter, at the Municipal Building, 1 Jockish Square, Paramus, New Jersey, the Mayor & Council will

receive Sealed Proposals for the:

RFP-FOOD AND BEVERAGE CONCESSION SERVICES

Proposal documents and specifications may be obtained at the office of the Borough Clerk, Paramus

Borough Hall, 1 Jockish Square, Paramus, New Jersey, during normal business hours 8:30 a.m. to 4:30

p.m. Monday through Friday, commencing January 25, 2018. This proposal is being sought pursuant to

the Local Public Contracts Law. Specifications will be distributed at a cost of $10.00 per set.

Specifications may also be obtained via email upon request. [email protected] at no cost.

Said proposal must be enclosed in a sealed envelope. The wording “RFP – Food and

Beverage Concession Services” must be written on the outer envelope. The envelope must bear

the title of the proposal, the date of the opening and the name and address of the bidder. All

proposals shall include one (1) original set plus two (2) copies of the required documents to the

Office of the Municipal Clerk. It is the responsibility of the Vendor to check from time-to-time

the Borough of Paramus’ website for clarification and/or amendments to this proposal.

To visit the facility, please contact Andy Schuckers to schedule an appointment @ 201-

447-6079 Ext. 6151.

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 regarding equal employment opportunity, as amended. Bidders are also required to comply with

P.L. 2004 c.57, Business Registration Act. Bidders are required to comply with the requirements of P.L.

1977, Chapter 33, requiring stockholders’ and partnership names.

The Borough of Paramus reserves the right to reject any or all proposals, or any part thereof, and to waive any informalities therein and to award the proposal in the best interest of the Borough. BY THE ORDER OF THE MAYOR & COUNCIL.

Annemarie Krusznis, RMC Borough Clerk

mailto:[email protected]

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TABLE OF CONTENTS

I. General Conditions 3 II. Technical Specifications 8 III. Statutory Requirements 23

Appendix I – Board of Health Ordinance No. 112 38 Appendix II – Paramus Golf Course Equipment List 42

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I. GENERAL CONDITIONS

1. Financial Ability and Prior Concession Experience: The Borough of Paramus shall require from any person or entity submitting a proposal hereon a statement showing its financial ability and experience in the performance of Food and Beverage Concession Services, similar to those specified in the proposal documents. Satisfaction with the financial ability and prior concession experience of each prospective vendor shall be an expressed condition of the award of the contract contemplated hereby. The successful Vendor shall have a minimum of Four (4) years’ experience in food and/or restaurant management.

2. Background Check: Prior to beginning operation, the successful Vendor shall supply to the Golf Course General Manager/Superintendent an authorization for a criminal background on every individual who will be working on-site in the provision of services on-site under the contract. At its sole discretion, the Paramus Golf Course General Manager/Superintendent, upon reviewing the information obtained in this background check, may prohibit a given individual from working on site. Additional employees may be added during the course of the season only after successful completion of a criminal background check and approval by the Paramus Golf Course General Manager/Superintendent. The cost for the background checks will be the responsibility of the successful Vendor.

3. Form of Proposal: Each proposal submitted by a prospective Vendor shall give the full business address of the Vendor and be signed by an authorized representative. Proposals by partnerships shall furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative. The following must be signed in the legal name of the corporation, followed by the name of the State in which incorporated, and must contain the signature and designation of the President, Secretary or other person authorized to bind the corporation in the matter. If requested by the Owner, satisfactory evidence of the authority of the officer signing the proposal shall be furnished to the Borough of Paramus. All proposals must prominently depict, and expressly set forth, the monthly concession fees to be paid by the prospective Vendor to the Paramus Golf Course in accordance with the provisions of the Food and Beverage Concession Services.

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4. Submission of Proposal:

Each proposal shall be enclosed in a sealed envelope and the outside of the envelope shall bear the name and address of the vendor as well as designation of the project, as instructed in the advertisement.

5. Award of Contact: If any contracts are to be awarded, such award shall be accomplished in accordance with the award criteria and methodology contemplated by competitive contracting provisions of the New Jersey Local Public Contracts Law, N.J.S.A. 40A: 11-4.1 through 4.5. Pursuant to Statutory requirement and Contract resulting from a successful bid shall be subject to the availability and appropriation of sufficient funds annually. The successful Vendor shall not be permitted to assign any interest in the Contract and shall not transfer any interest in the same without the prior written consent of the Borough of Paramus. In evaluating proposals, the Borough of Paramus shall consider the qualifications of the Vendor, whether or not the proposals comply with the prescribed requirements, and other data as maybe requested in the contract documents and supporting technical specifications prior to the Notice of Award. The Borough of Paramus may conduct such investigations as the Borough of Paramus deems necessary to assist in the evaluation of any proposal and to establish the responsibility, qualifications, and financial ability of the Vendor.

6. Rejection of Proposals: The Borough of Paramus reserves the right to reject any or all proposals and to waive any and all immaterial defects in any such proposal in the discretion of the Borough of Paramus. Furthermore, the Borough of Paramus reserves the right to waive all informalities not involving price, time or changes in the Food and Beverage Concession Services here specified. The Borough of Paramus further reserves the right to reject any and all proposals, including without limitation the rights to reject any or all non-conforming, non-responsive, unbalanced or conditional proposals and to reject the proposal of any Vendor if the Borough of Paramus determines that it would not be in the best interest of the Borough of Paramus and the efficiency operation of the Borough of Paramus Golf Course to make an award to the Vendor, whether because the proposal is not responsive or the Vendor is unqualified or of doubtful financial

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ability or fails to meet any other pertinent standard or criteria established by the Borough of Paramus.

7. Qualification/Responsibility Hearing: Negotiations of final costs and terms are prohibited and not authorized. By the submission of proposal on account of the Food and Beverage Concession Services here specified, all Vendors stipulate and agree that the decision of the Borough of Paramus shall be final and not appealable unless such decision is made in bad faith or in a manner contrary to the requirements of law.

8. Discrimination and Affirmative Action Program: Vendors are required to comply with the requirements of P.L. 1975, C. 127 (N.J.A.C. 17:27-1,1et seq.) and with all provisions of N.J.S.A. 10:2-1 through 10:2-4 and all rules and regulations promulgated thereunder. If a Vendor has already received a CERTIFICATE OF EMPLOYEE INFORMATION REPORT from the Office of Affirmative Action, please provide it with a photocopy of the certificate of your certificate number when submitting your bid proposal.

9. Beneficial Ownership in Bidder: Pursuant to Chapter 33, P.L. 1977, all Vendors shall set forth, in an appropriate statement, the names and address of all stockholders in the corporation, partners in a partnership or other persons in a business entity who have a ten (10%) percent or more interest or any individual who has a ten (10%) percent or more interest in the business entity which may bid on the aforesaid contract.

10. Exemption from the Federal Excise and New Jersey Sales Tax: The Borough of Paramus is exempt from Federal Excise Taxes and the New Jersey Sales Tax. New prices as shown in the proposal shall exclude said Federal and State tax amounts.

11. Prohibition of Decimation on the Basis of Disability: Discrimination on the basis of disability in contracting for the purchase of equipment and services is prohibited. The successful Vendor shall be required to comply with the provisions of the Americans with Disabilities Act of 1990 (ADA). Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101). The successful Vendor further agrees that the provisions of Title II of the ADA are made a part of the Contract and the Vendors are required to comply, documents attached.

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12. Compliance with Labor Statutes and Rules: The successful Vendor shall agree to comply with all the laws of the State of New Jersey regarding labor and compensation with all labor statutes, regulations, and ordinances applicable and having the force of the law. In matters of non-discrimination, the successful Vendor shall agree that:

(A) In the hiring of persons for the performance of work under this Contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services be acquired under this Contract, no vendor, nor any person acting on behalf of such vendor shall, by reason or race, creed, color, national origin, or ancestry, or sexual orientation, discriminate against any person who is qualified and available to perform the work to which the employment relates.

(B) No vendor, nor any person on its behalf shall in any manner discriminate against or intimidate any employee engaged in the performance of work under this Contract or any subcontract hereunder, or engaged in “procurement, manufacture, assembling or furnishing of any such Contract on account of race, creed, color, national origin, ancestry or sexual orientation.

(C) There may be deducted from the amount payable to the vendor by the contracting public under this Contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provision of the Contract.

(D) This Contract may be canceled or terminated by the contracting public agency and all money due or to become due hereunder may be forfeited. For any violations of this section of the Contract occurring after notice of the Contractor from the contracting public agency of any prior violation of the section of the Contract.

(E) The successful vendors shall agree to comply with all State statutes, rules and regulations dealing with minimum wage rates and failure to do so shall subject the success vendor(s) to forfeiture of the contract or other penalties imposed by law.

(F) The successful vendors shall instruct its personnel to follow all safety regulations of the Occupational Safety and Health Administration (OSHA) and officials of the State of New Jersey Department of Labor and Industry. The successful vendors are forewarned that the regulatory agencies could impose a work stoppage if their representatives inspect the Contract work and discover that safety precautions mandated by the agencies have been violated.

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13. American Goods and Products The successful Vendor shall comply with any and all “Buy American” requirements of Federal and State law, including N.J.S.A. 40A:11-18 which provides that only manufacture products of the United States, wherever available, be used.

14. Conditions of Job Site: Each prospective Vendor shall make a careful investigation of the job sites and inform itself fully of the conditions relating to the work to be performed: Arrangements for visiting the Food and Beverage Concession Areas may be made through the Paramus Golf Course General Manager/Superintendent. Failure to visit the site will not relieve the successful Vendor of its obligation to perform the work. Each Vendor, by and through the submission of its proposal, represents and that it has appraised itself of all conditions and the kind, quality and quantity of work to be performed.

15. Addenda and Interpretations: No interpretations of the meaning of the Contract Documents will be made orally by any agent of the Borough of Paramus to any prospective Vendor.

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II. TECHNICAL SPECIFICATIONS

GENERAL GOLF COURSE INFORMATION REQUIREMENTS The Paramus Golf Course averages close to 50,000 rounds of golf each year. The Paramus Mini-Golf Course averages 15,000 rounds each year. The Paramus Golf Course is open weather permitting 364 days a year. The only official day closed is Christmas Day. The current rent for the restaurant is $50,400.00 annually, ($4,200.00 monthly).

1. Prior Operating Experience The successful Vendor must demonstrate prior experience in operating and

managing a food service operation and shall provide Three (3) trade references at the time of submitting the proposal.

This is a mandatory requirement included on the proposal form. Subject to omission will be considered unresponsive and rejection of said proposal.

2. Menu and Merchandise Price List Guide Any and all menus with price lists shall be submitted with proposal. Menu contents and corresponding pricing will be considered and evaluated as an integral component of selection criteria. An outing menu shall be submitted with pricing as well. Information regarding portion sizes must accompany proposal. Any and all proposed changes to the menu, either as to product or pricing, shall be subject to prior written approval by the Paramus Golf Course General Manager/Superintendent. The procedure for any changes will require the successful Vendor to submit the request in writing to the Paramus Golf Course General Manager/Superintendent. The Vendor will be notified in writing by the Golf Course General Manager/Superintendent. The Membership Committee would like to strongly suggest and recommend to all prospective bidders to participate in a tasting of a particular selection on the provided menu. This entrée would represent the prospective bidder which is of choice and would reflect the prospective bidder as a signature/famous entrée. The entrée would be enough for Three (3) Committee Members and shall be considered in the awarding process. After proposals are submitted and announced, please contact, Purchasing Agent, Grisel Maza, Telephone: 201-265-2100 Ext. 2253 to schedule a date of delivery to the Paramus Borough Hall.

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3. Performance Security

A Bond or Certified Check in an amount equal to One (1) reinstatement of the successful Vendor’s proposed Monthly Concession Fee, (as defined in Paragraph 18 hereof), must be posted as security at the time of submission of proposal, subject to release upon expiration of the contract. This is a mandatory requirement included on the proposal form. Omission will be considered unresponsive and rejection of said proposal.

4. Utilities The successful Vendor shall be solely responsible for payment of all gas utilities relating to the operation of the Food and Beverage Concession locations.

5. Service of Alcoholic Beverages The successful Vendor shall obtain, at its sole cost and expense, a Special Municipal Liquor License Permit from the New Jersey Alcoholic Beverage Commission, (NJABC), for the sale of alcoholic beverages a the Paramus Municipal Golf Course during the term of the Contract, and shall provide the Borough of Paramus with proof of the issuance of such permit within forty-five (45) days of the award of the contract by the Borough of Paramus. Issuance of the Permit aforesaid (or such other form of temporary approval by the NJABC authorizing the sale of alcoholic beverages at the Paramus Municipal Golf Course by the successful Vendor) is deemed by the Borough of Paramus to constitute cause to terminate within the Contract in the discretion of the Borough of Paramus, on thirty (30) days written notice to the successful Vendor. The Municipal Liquor License Permit aforesaid must be surrendered to the appropriate issuing authority upon termination of the Contract. Alcoholic beverages may be sold only in the licensed areas as designation in the ABC regulations. Under no circumstances shall the Municipal Liquor License Permit be deemed assignable to any third party. The successful Vendor shall obtain liquor insurance covering all liability arising out of but not limited to the service or selling of liquor. Said policy shall be in the minimum amount of Two Million Dollars ($2,000,000.00) and shall name the Borough of Paramus as an additional named insured. Said policies shall be submitted to the Borough Clerk prior to taking occupancy.

6. Pest Control The successful Vendor shall arrange for a pest control contract in the Food and Beverage Concession areas at its own expense with a reputable exterminator, in accordance with standards established by the Borough of Paramus Board of

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Health. Copies of the service plan and invoices shall be submitted to the Paramus Golf Course General Manager/Superintendent on a monthly basis.

7. Concession Closure for Repair Services The Food and Beverage Concessions will be undergoing renovations from January 2nd, 2018 to February 28, 2018. The successful Vendor will open the Food and Beverage Concession on March 1st 2018. If the renovations are completed sooner, the Vendor may be able to open earlier. A cost per day will be calculated based on the monthly proposal price if they are able to open earlier. The Borough of Paramus reserves the right to temporarily close the entire facility including the Food and Beverage Concession area to perform repairs. Two weeks prior written notification will be given to the successful Vendor unless emergency repairs are needed. The successful Vendor shall be entitled to any adjustment or abatement of the monthly concession fee payable to the Borough of Paramus on account of any temporary closure.

8. Maintenance of Structures and Fixtures The Borough of Paramus shall be responsible for the maintenance of the outside structures of the building including the electrical, air conditioning and heating units.

9. Maintenance and Cleaning of the Concession Areas The successful Vendor shall be responsible for the interior of the Food and Beverage Concession buildings and Food and Beverage Concession areas, including the on-course 10th Tee Concession Stand. The successful Vendor shall make no renovations to any of the Food and Beverage Concession areas without first obtaining written authorization to undertake the same from the Paramus Golf Course General Manager/Superintendent.

• Garbage cans outside the 10th Tee Concession Stand are to be emptied nightly at the close of business by the successful Vendor. All garbage cans inside the Food and Beverage Concession areas must be emptied by the successful Vendor nightly. Garbage may not be stockpiled and must be deposited in the appropriate dumpster. The dumpster area is located behind the Paramus Mini-Golf facility.

• Floors are to be cleaned daily with a broom, as well as, a wet mop. • Windows are to be cleaned weekly. • Walls need to be kept clean, as well as, the ceiling. • The lobby area and stairs to the storage area are to be kept clear of clutter,

clean and grease free.

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• The fireplace chimney is to be cleaned by a certified chimney cleaner and the cost is the responsibility of the successful Vendor. A copy of the invoice must be submitted to the Paramus Golf Course General Manager/Superintendent.

• When the Paramus Golf Course has closed for the evening, the successful Vendor shall keep the restrooms clean and presentable.

• The outside area behind the kitchen is to be kept clean. No old kitchen equipment or other materials are permitted to be stockpiled.

10. Concession Area Defined

The Concession Area is hereby defined to include the following: Bar and dining rooms; kitchen and first floor storage area; the circular foyer; 10th Tee Concession Stand and outdoor patio area surrounded by railing on the west side of the building; the porch area facing the 10th Tee Concession Stand, together with the area inside the fence behind the kitchen. The second floor may be used by the successful Vendor for office purposes.

11. Storage Areas All items are to be stored in areas marked and stacked in an orderly fashion, no more than five feet high. No flammable or combustible materials may be stored on the premises. The successful Vendor is not permitted on the roof of the facility except during an emergency or maintenance of equipment.

12. Borough Access to Concession Area The Borough of Paramus representatives and/or agents may pass through and/or inspect the Concession Areas and its entirety at any time without prior notification to the successful Vendor. The upstairs area shall not be locked at any time with the exception of the office space. The office space shall not be used as livable quarters nor overnight stays.

13. Manger/Superintendent Approval for Decorations and Signage Required No decorations; banners; posters; electrical extensions; light fixtures; signs or items shall be placed on the exterior or interior of the building or placed by the exterior of the building without prior written request and written approval by the Golf Course General Manager/Superintendent. Once approved, time limits will be placed on each request. All requirements of the Borough of Paramus’ sign ordinance shall be in compliance.

14. Included Kitchen Supplies; Vendor Obligations

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The Borough of Paramus will supply kitchen equipment as per the attached list, (Appendix II). The successful Vendor shall be responsible for all other equipment. The successful Vendor is responsible for all repairs to all of the kitchen equipment. Equipment manufacturer’s service recommendations shall be followed. All repairs and services that are performed, copies of invoices shall be forwarded to the Golf Course General Manager/Superintendent. The successful Vendor shall provide an annual inventory list of tenant owned/leased items by May 1st of each consecutive year.

15. Vending Machines/Electronic Amusements Prohibited Neither amusement games nor vending machines of any kind shall be permitted on the premises.

16. Interference with Golf Course Operations Prohibited It is understood and agreed by the parties that the primary function of the successful Vendor is to provide food and beverage services to the customers and users of the Paramus Municipal Golf Course. Any and all private parties/functions, which may be organized by the successful Vendor, is secondary to its obligation to provide service to the golf course users. No such private parties or functions shall be held or scheduled in such a manner as to impede the users of the Golf Course to unfettered access to food and beverage services during normal golf course hours of operation. The successful Vendor shall not be involved in any way with golf course operations, and shall not be entitled to free golf or free cart privileges. To that extent, it is expressly understood and agreed by the successful Vendor that the General Manager/Superintendent of the Golf Course is the only authorized person who may arrange for scheduling and/or holding golf course tournaments/outings and collect money for same. Moreover, the successful Vendor shall not schedule private luncheons and/or private functions during regular golf course hours of operation of twenty guests or more without the express written permission of the Paramus Golf Course General Manager/Superintendent. Advertisements for golf tournaments or golf related charities at other golf facilities other than those to be conducted at the Paramus Golf Course are not permitted except in designated areas within the Pro Shop as determined by the Golf Course General Manager/Superintendent. The successful Vendor is not permitted to organize golf players in order to acquire tee times at the Paramus Municipal Golf Course. No card playing or gaming of any kind is permitted anywhere on the premises.

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17. Borough of Paramus Owned Equipment All Borough of Paramus’ owned equipment and bar shall remain in their current location. Should the successful Vendor require the relocation of any Borough-owned equipment or fixtures located within the Golf Course Concession areas, such relocation shall occur only upon written approval by the Golf Course General Manager/Superintendent and in accordance with the Borough of Paramus’ standards and requirements at no expense to the Borough of Paramus. No additional equipment shall be added to the concession areas without written approval by the Golf Course General Manager/Superintendent. Any additional kitchen equipment added will become the property of the Borough of Paramus with exception to leased equipment. The Invoice, Owner’s Manual and Warranty Information shall be submitted to the Golf Course General Manager/Superintendent.

18. Term of Contract, Minimum Price Proposal, Schedule of Payment of Concession Fees

The statutory length of the contract is for Three (3) years which may also include extended services no more than Two (2) One (1) year or One (1) Two (2) year extension. Contract shall be awarded and extended no more than a total of Five (5) consecutive years. Any price change included as part of an extension shall be based upon the price of the original contract as cumulatively adjusted to any previous adjustment or extension and shall not exceed the change in the index rate for the Twelve (12) months preceding the most recent quarterly calculation available at the time the contract is renewed. The Index Rate shall be the one in existence at the time of the extension, i.e. January 1 of the extension year. In the event of the Borough of Paramus’ exercise of any option to extend the contract, the Concessionaire shall provide the Borough of Paramus a written letter addressed to the attention of the Paramus Golf Course General Manager/Superintendent and Paramus Borough Clerk notice of its acceptance extended term. The minimum bid amount is $50,400 per year. *Implicit Price Deflator (40A:11-15) In accordance with and subject to the *Implicit Rate Deflator Index Rate computed and published by the United States Department of Commerce, Bureau of Economic Analysis, payments will be increased after the first year. Such index will be included in said Contract effective January 2019 as set forth below. “**”

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denotes that the bid will be increased by the Index Rate automatically at the time of the extension. The bid amount shall be for the first 10 months of 2018 is ____________ Dollars ($___________) in 10 equal payments. The bid amount shall be for the **Second year 2019 _____________Dollars ($__________) in (12) equal payments. The bid amount shall be for the **Third year 2020 _____________Dollars ($_____________________) in (12) equal payments. The bid amount shall be for the **Fourth year 2021 _____________Dollars ($_____________________) in (12) equal payments. The bid amount shall be for the **Fifth year 2022 _____________Dollars ($_____________________) in (12) equal payments. The schedule for the payment of “Concession Fee” during the initial term is mentioned in Paragraph Item No. 19.

19. Schedule of Payment of Concession Fees Installment payments of Concession Fees for the initial term and all extensions thereof are due in advance on the first of each month consecutively commencing March 1st 2018. The Concession Fee shall be paid at the Pro Shop office located at the Paramus Golf Clubhouse and processed through the Borough of Paramus’ point of sales system under Concession Fees.

20. Name of Food and Beverage Concessions The name of the Food and Beverage Concession is to be operated by the successful Vendor at all times during the term of the contract, be designated by the successful Vendor and with the approval of the Paramus Golf Commission. Throughout the term of the contract, the successful Vendor shall use the designation, “doing business as”, (d/b/a) in association with the above name with respect to any and all applications, accounts or ledgers maintained or to be maintained by the successful Vendor in regards to the operation of the Food and Beverage Concession Services. The successful Vendor shall at no time represent that they are an agent of the Borough of Paramus in connection of the making of any application for any purpose exception to the issuance of the Special Municipal

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Liquor Service Permit referred to in Paragraph Item No. 5 hereof or the maintenance of any accounts whatsoever.

21. Attire of Restaurant Staff The successful Vendor shall provide an atmosphere suitable and appropriate to a Paramus Golf Club, which includes, but is not limited to, appropriate attire for its staff. The successful Vendor shall require its staff to be uniformed or dressed in a standardized manner. Such uniforms or standardized dress shall be utilized only upon prior written approval by the Paramus Golf Course General Manager/Superintendent. The Vendor must submit in writing to the Paramus Golf Course General Manager/Superintendent the uniform information. The successful Vendor shall have the sole financial responsibility for providing said uniforms. Name tags are required for all staff.

22. Food and Beverage Concessions’ Operation – General The successful Vendor shall provide Three (3) meals per day throughout the year at the Food and Beverage Concession. The successful Vendor shall obtain a beverage cart similar to a Club Car “Café Express” and shall provide roving beverage services from April 15th through October 31st of each and extended year(s). The fuel for the beverage cart is the responsibility of the successful Vendor. All posted menu shall be approved by Paramus Golf Course General Manager/Superintendent. The menu including pricing shall be posted on the beverage cart. The successful Vendor shall also operate the Concession Stand located at the vicinity of the 10th Tee. The exclusive purpose shall be to provide “Ready to Order” food and beverage services to all members and visitors participating at the Paramus Golf Course. The 10th Tee Concession Stand shall be open every day the Paramus Golf Course is open for golf play during a minimum period of April 15th through October 31st of each year and extended year(s) of the contract term. Primary preparation of food for sale at the 10th Tee Concession Stand shall take place in the kitchen area of the Food and Beverage Concession. Within the 10th Tee Concession Stand, the successful Vendor may prepare end results in food preparation with electrical appliances, (i.e., Hot Dog Grill, Panini Press; Microwave Oven and/or maintain an Electric Soup Warmer), on premises. Additional stoves, hot plates are not permitted. Strictly, no open flame devices of any kind shall be utilized in the 10th Tee Concession Stand by orders of the Paramus Board of Health. The following shall be prohibited to be sold at the 10th Tee Concession Stand: Carbonated Soda; Popcorn; Cotton Candy; Ice Cream or Frozen Treats of any kind.

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The water service will be shut off by the Borough of Paramus during the winter months to prevent freezing.

One (1) supervisor, trained and certified as a Food Service Manager, (adults over 21 years of age), shall be present at the 10th Tee Concession Stand at all times. (An adult is hereby defined as a person aged Twenty-One (21) years or more.)

Staff conduct attitude and mannerism shall be in a professional manner. The Food and Beverage Concession Management and staff are not employed by the Borough; however, they do represent the Borough of Paramus. This representation must uphold the highest customer service standards possible. If any management or staff members of the Food and Beverage Concessions are deemed to be in violation of this section, Golf Commission Member, Borough Representative or the Golf Course General Manager/Superintendent will advise the Concessionaire in writing to correct the issue. The Borough will maintain a file in the Paramus Golf Course General Manager/Superintendent office. The Borough may request in writing to the Concessionaire immediate removal of said employee if the issue continues or is not addressed properly.

23. Hours of Operation

• The Food and Beverage Concession is to be opened each day at the same time when the Pro Shop opens. This is one hour before the first tee time. The only official day the Golf Course is scheduled to be closed is Christmas Day. Bidders must comply with Paramus Ordinances 157-7 and 157-8, which are set forth below.

§ 157-7. Hours of sale. A. No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages on the licensed premises or allow, permit or suffer the consumption of any alcoholic beverages on the licensed premises between the following hours on the following days: (1) On New Year's Day when it is a Sunday, between the hours of 5:00 a.m. and 12:00 noon. (2) On other weekdays, between the hours of 3:00 a.m. and 6:00 a.m. (3) On Sundays, between the hours of 3:00 a.m. and 12:00 noon. B. When New Year's Day is a weekday, a licensee may sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages on the licensed premises or allow, permit or suffer the consumption of any alcoholic beverages on the licensed premises for the entire duration of said New Year's Day. § 157-8. Premises to be cleared of patrons. For the purpose of regulating and enforcing the provisions of § 157-7A, business establishments holding plenary retail consumption licenses shall be cleared of all patrons within a period of 15 minutes after the closing hours specified in § 157-7A. Editor's Note: Original Sec. 3-9, entitled "Sales prohibited during elections," which immediately followed this section, was repealed 7-15-1971 by Ord. No. 674.

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• The Food and Beverage Concession must be open the same hours listed above during shotgun outing days.

• If the Golf Course is closed due to inclement weather, the Food and Beverage Concession must be open unless a state of emergency is declared by the New Jersey Governor.

• The beverage cart shall be operated from 9:00 a.m. until 7:00 p.m. on weekdays and from 8:00 a.m. until 7:00 p.m. on weekends. Changes to the hours of operation shall be subject to the approval of the Paramus Golf Course Manager/Superintendent.

• Training for the Beverage Cart operators is required and will be provided by the Borough Golf Course Employee. The training covers where the beverage cart can be operated on the course and how to approach Golfers in order to keep the pace of play moving. A menu with pricing must be posted on the beverage cart.

• The Concessionaire shall utilize the Golf Cart Visage brand point of sale system on the Golf Cart Food Service menu providing full on course food service. A printer will be provided to the Concessionaire that will print out orders from the carts. The Concessionaire must deliver the food in a timely manner to the customers on the course.

• The 10th tee concession stand shall be open from 9:00 a.m. until 7:00 p.m. on weekdays and from 8:00 a.m. until 7:00 p.m. on weekends. Changes in the hours of operation shall be subject to the approval of the Golf Course Manager/Superintendent. 24. Facility Maintenance

• The successful Vendor shall have the sole responsibility for cleaning and general maintenance of the Food and Beverage Concession including bar and dining areas, during the full term of the contract and shall be responsible for cleaning and up-keep of the bathrooms while the Paramus Golf Course is closed.

• The successful Vendor agrees to maintain all property and equipment used in connection with its operation in good condition.

• The Borough of Paramus is not responsible for the maintenance of kitchen equipment.

• The Borough of Paramus is not responsible for the maintenance of plumbing and electrical services in the concession areas.

• Kitchen; bar, dining and outside the concession areas must be thoroughly cleaned daily to meet Paramus’ Board of Health standards.

• All equipment shall be kept in a sanitary condition at all times.

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• The successful Vendor shall remove all garbage from the exterior receptacles to the dumpsters.

• No garbage shall be stored near the building whatsoever. • The successful Vendor shall daily maintain the 10th Tee Concession Stand.

The successful Vendor must provide adequate garbage cans and recycling cans for the 10th Tee Concession Stand. The successful Vendor is responsible for regularly removing garbage from the 10th Tee Concession Stand.

• The fireplace and chimney is to be cleaned and inspected annually during the term and extension(s) of the contract by a certified chimney cleaning company. The successful Vendor must provide written proof of cleaning and inspection to the Paramus Golf Course General Manager/ Superintendent.

• The Concessionaire shall wash, rinse and sanitize all equipment used at the 10th Tee Concession Stand in the main building.

• The Concessionaire shall utilize the mop sink in the main building to maintain the 10th Tee Concession Stand.

• At all times during which the successful Vendor operates the 10th Tee Concession Stand, the successful Vendor shall cause to maintain a minimum interior temperature of no less than 58 degrees Fahrenheit.

• All outdoor tables shall be cleaned and dried off prior to the Food and Beverage Concession’s opening on a daily basis.

• The grease traps, exhaust fans shall be cleaned Four (4) times a year by a commercial company specializing in this type of service and hoods Two (2) times a year. Filters shall be professionally cleaned on a monthly basis by a commercial cleaning company that specializes in this type of service. Proof of the cleaning shall be submitted to the Paramus Golf Course General Manager/Superintendent. Professional cleaning of such shall not be authorized during work hours of operation.

• The fire suppression system shall be maintained, serviced, and repaired professionally by the successful Vendor. Proof of the service must be submitted to the Paramus Golf Course General Manager/ Superintendent.

• All inspections performed by the Paramus Board of Health Department shall submit a copy immediately to the Paramus Golf Course General Manager/Superintendent.

25. Private Functions

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• Any group of Twenty (20) or more persons who reserve concession space directly with the successful Vendor shall be deemed to constitute a, “Private Function”.

• The successful Vendor shall notify the Golf Course General Manager/Superintendent no less than Four (4) weeks prior to all private functions proposed to be scheduled and also inform the Golf Course General Manger/Superintendent of the name of the group using the premises. No private function shall be conducted without the advanced written consent of the Paramus Golf Course General Manager /Superintendent.

• Private functions such as a repass that cannot be scheduled Four (4) weeks in advance may be submitted for approval to the Paramus Golf Course General Manager/ Superintendent.

• A written private function schedule shall be submitted to the Paramus Golf Course General Manager/Superintendent one month in advance of each month for the upcoming month. Such schedule shall include the identity of the person or group holding the function and purpose thereof, the function start and end time and the estimated number of people attending the function, which total attendance shall not exceed two-thirds of Food and Beverage Concession capacity.

• Closing the entire Food and Beverage Concession to the members and users of the Municipal Golf Course in favor of the conduct of private/parties shall not be permitted.

• The area between the West Pillars and West Wall shall remain open to the public at all times. Authorized gated area is designated for Food and Beverage Concession area only.

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26. Parking for 314 Paramus Road

The parking located mentioned above is for members and patrons of the Paramus Golf Course and visitors of the Mini-Golf, Ice-Cream Shop (under construction) and Food and Beverage Concession only. Violators will be subject to fines and posted ordinance.

27. General Insurance Requirement

The successful Vendor shall pay for the following required insurance and provide a Certificate of Insurance to be submitted at the time the contract agreement is signed indicating the following coverages:

A. Liability The successful Vendor shall be required to carry liability insurance to cover its operations and injuries to persons or property within the Food and Beverage Concession Stands and/or any unsafe conditions created by an employee, servant or agent of the successful Vendor. Such policies shall have a total limit of liability of Two Million Dollars, ($2,000,000.00) and shall have to be in a form acceptable to counsel of the Borough of Paramus. The policy shall name the Borough of Paramus, its elected officials, Golf Commission member, officers, agents and employees as additional insured.

B. Worker’s Compensation The successful Vendor shall provide evidence that it maintains a policy of Worker’s Compensation Insurance in accordance with the requirements of New Jersey Law.

28. Grounds for Termination During Contract Term • Violation of any Borough, State of Federal Law, and any ABC rules and regulations or bid/contract regulation shall be grounds for termination, in the sole discretion of the Borough of Paramus. • The Borough of Paramus reserves the right to terminate this contract upon Thirty (30) days written notice to the successful Vendor, upon demonstration that the successful Vendor has violated any term of the within contract. Habitual (2 or more consecutive months) late or non-payment of Concession Fees shall be deemed and construed by the parties to be cause for the termination of the contract upon thirty (30) days written notice from the Borough of Paramus to the successful Vendor.

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29. Action in Anticipation of Scheduled Termination

• A preliminary walk through of the Food and Beverage Concession areas will take place One (1) month prior of the termination of contract. If items are in need of repair, they shall be repaired by Concessionaire. Failure to make any repairs will result for the Borough of Paramus to retain the security.

• A final walk through of the Food and Beverage Concession areas will take place on the last day of the contract to ensure compliance with Borough of Paramus’ Standards and Requirements.

• Provided no damage to the facility exists at the expiration of the contract, the retained security will be returned to the Concessionaire.

• The Concessionaire has Five (5) days at the expiration of the contract to remove their property. Any items left after the Five (5) days will become property of the Borough of Paramus.

• The Concessionaire has Five (5) days to clean the facility at the expiration of the contract. Once cleaned, the Concessionaire and the Paramus Golf Course General Manager/Superintendent representative will review the Food and Beverage Concession Areas. Once it has passed the inspection, the representative will inform the Borough of Paramus to return the security deposit. If the facility is not cleaned properly, the Borough of Paramus will use the security to have the Food and Beverage Concession Areas professionally cleaned.

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PROPOSAL FORM FOR BOROUGH OF PARAMUS

REQUEST FOR PROPOSAL FOR FOOD AND BEVERAGE CONCESSION SERIVCES To: Borough of Paramus Jockish Square Paramus, New Jersey 07652 To Whom It May Concern:

The undersigned here certifies that ______________________________ has carefully read and understands the requirements set forth in the Notice to Bidders, Instructions to Bidders, Specifications and Proposal Form, and offers to perform the service specified an amount as follows: Base Proposal Proposal Amount $ ___________

*Itemized payments are cited on Item No. 18 The undersigned is (an individual) (a corporation) (a partnership) under

the laws of the State of ______________________________ having principal offices located at ______________________________________.

Signed: Company Name: Address: Telephone:

Date: Check List: 1. A Certified Check or Bid Bond

2. Exhibits A and B Mandatory Equal Employment Opportunity and Americans with Disabilities Act of 1990 3. Statement of Ownership

4. Required Evidence Affirmative Action Regulations 5. State of NJ Business Registration Certificate (to be provided)

5. Disclosure of Investment – Activities of Iran 6. Non-Collusion

7. Contract Signature Page

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III. STATUTORY REQUIREMENTS

1. Mandatory Affirmative Action Certification (See Exhibit A)

No firm may be issued a contract unless it complies with the affirmative action regulations of N.J.S.A. 10:5-31 et. seq. and N.J.A.C. 17:27-1 et. seq. The following information summarizes the full, required regulatory text, which is included as Exhibit A of this bid specification.

Procurement, Professional and Service Contracts

All Successful vendors must submit, within seven days after receipt of the notice of intent to award the contract or the receipt of the contract, one of the following:

i. A photocopy of a valid letter for an approved Federal Affirmative Action Plan (good for one year from the date of the letter), or

ii. A photocopy of an approved Certificate of Employee Information Report, issued in accordance with N.J.A.C. 17:27-4; or

iii. If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee Information Report (AA-302).

2. Americans with Disabilities Act of 1990 (See Exhibit B)

Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidder is required to read Americans with Disabilities language that is part of this specification and agrees that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the Borough of Paramus harmless.

3. The Statement of Corporate Ownership (Stockholder Disclosure Certification)

Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. Form of Statement shall be completed and attached to the bid proposal.

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4. The New Jersey Worker and Community Right to Know Act

The Manufacturer or supplier of a substance or mixture shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet must be furnished. Owners must also ensure that all containers, which are stored at their facilities by Vendors, display RTK labeling. The options and exclusions from labeling are found in New Jersey Right to Act regulations at (N.J.A.C. 8:59-5.5 and 5.6). General information and labeling assistance for bidders is found on the New Jersey Department of Health and Senior Services Right to Know Program website at: www.nj.gov/health/eoh/rtkweb

5. Non-Collusion Affidavit

The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal.

FAILURE TO SUBMIT THIS SHALL BE CAUSE FOR REJECTION OF THE BID.

6. Vendor Maintenance of Documentation

Pursuant to N.J.A.C. 17:44-2.2 the Vendor shall maintain all documentations related to products, transactions or services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

7. Business Registration Certificate *Revised January 25, 2010*

Pursuant to N.J.S.A. 52:32-44 each vendor submitting a bid or proposal with the Borough of Paramus must be registered with The Division of Revenue, State of New Jersey at the time bids are received and opened by the Borough of Paramus. If the Business Registration Certificate for the Vendor and sub-contractor (if applicable) is not part of the bid package but they are registered, the Vendor must submit to the Borough of Paramus their Business Registration Certificate and a copy of their sub-contractors’ Business Registration Certificate prior to award of contract. All named sub-contractor (s) listed on the bid including out of state vendors must be registered with the Division of Revenue, State of New Jersey at the time bids or proposals are received and opened.

FAILURE TO BE A REGISTERED VENDOR (CONTRACTOR) OR SUB-CONTRACTOR AT THE TIME OF THE BID OPENING IS A MATERIAL DEFECT WHICH CANNOT BE WAIVED OR CORRECTED AND WHICH WILL RESULT IN THE BID OR PROPOSAL BEING REJECTED AS NON-RESPONSIVE.

A. REGISTRATION AS A BUSINESS:

Businesses must complete Form NJ-REG and submit it to the Division of Revenue. The

http://eoh/r

25

form can be filed as per the following:

1. Register online at www.nj.gov/treasury/revenue/taxreg.htm. Click the online” link and then select “Register for Tax and Employer Purposes.”

2. Call the Division at (609) 292-9292 to have a form mailed to you.

3. Write to the Division at: Client Registration Bureau, PO Box 252, Trenton, NJ 08646-0252.

B. REGISTRATION AS AN INDIVIDUAL:

There is a simplified registration process for individuals doing business with any New Jersey government agency. The form (NJ-REG-A) can be downloaded from the web at www.state.nj.us/treasury/revenue/pdforms/rega.pdf. To obtain a copy by mail, call (609) 292-9292, or write to the Division at the Client Registration Bureau, PO Box 252, Trenton, NJ 08646-0252.

8. Comprehensive Iran Sanctions, Accountability, and Investment Act

Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification attached to attest, under penalty or perjury, that the person or entity, or one of the person or entity’s parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran. If the Director finds a person or entity to be in violation of the principles which are the subject of this law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposition sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the person or entity.

http://ry/rev

http://reasury/r

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EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)

N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afford to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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

The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.

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Exhibit A Continued:

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital

status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

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

Letter of Federal Affirmative Action Plan Approval

Certificate of Employee Information Report

Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance)

The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase and 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 and Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

The undersigned vendor certifies that he/she is aware of the commitment to comply of the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 et seq. and agrees to furnish the required forms of evidence.

Company: __________________________________________

Signature: _______________________________________ Print Name: ___________________

Title: ______________________________________________

http://www.state.nj.us/treasury/contract_compliance

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EXHIBIT B

AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability

The contractor and the _____________ of _______________, (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.

The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.

It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.

It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

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STOCKHOLDER DISCLOSURE CERTIFICATION STATEMENT OF OWNERSHIP

(OWNERSHIP DISCLOSURE CERTIFICATION) 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 Included with All Bid and Proposal Submissions

Name of Business:______________________________________________________

Address of Business:____________________________________________________

Name of person completing this form:______________________________________

N.J.S.A. 52:25-24.2:

"No corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, unless prior to the receipt of the bid or proposal, or accompanying the bid or proposal of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be.

If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation’s stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, 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, and member, exceeding the 10 percent ownership criteria established in this act, has been listed.

To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest."

The Attorney General has advised that the provisions of N.J.S.A. 52:25-24.2, which refer to corporations and partnerships apply to limited partnerships, limited liability partnerships, and Subchapter S corporations.

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This Ownership Disclosure Certification form shall be completed, signed and notarized.

Failure of the bidder/proposer to submit the required information is cause for automatic rejection of the bid or proposal

Part I

Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, sign and notarize at the end)

Non-Profit Corporation (skip Parts II and III, sign and notarize at the end)

Partnership Limited Partnership Limited Liability Partnership

Limited Liability Company

For-profit Corporation (including Subchapters C and S or Professional Corporation)

Other (be specific): ______________________________________________

Part II

I certify that the list below contains the names and addresses of all stockholders in the

corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be.

OR

I certify that 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 that no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be.

Sign and notarize the form below, and, if necessary, complete the list below. (Please attach additional sheets if more space is needed):

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Name: ______________________________ Name: ______________________________

Address: _______________________

____________________________________

Address: _______________________

____________________________________

Name: ______________________________ Name: ______________________________

Address: _______________________

____________________________________

Address: _______________________

____________________________________

Name: ______________________________ Name: ______________________________

Address: _______________________

____________________________________

Address: _______________________

____________________________________

Name: ______________________________ Name: ______________________________

Address: _______________________ ____________________________________

Address: _______________________ ____________________________________

Name: ______________________________ Name: ______________________________

Address: _______________________

____________________________________

Address: _______________________

____________________________________

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Part III - Any Direct or Indirect Parent Entity Which is Publicly Traded:

“To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.”

Pages attached with name and address of each publicly traded entity as well as the

name and address of each person that holds a 10 percent or greater beneficial interest.

OR

Submit here the links to the Websites (URLs) containing the last annual filings with

the federal Securities and Exchange Commission or the foreign equivalent.

__________________________________________________________

_________________________________________________________

AND

Submit here the relevant page numbers of the filings containing the information on

each person holding a 10 percent or greater beneficial interest.

_____________________________________________________

_____________________________________________________

Subscribed and sworn before me this ___ day of ___________________________ , 2 _______.

(Notary Public)

My Commission expires:

________________________________________

(Affiant)

________________________________________

(Print name of affiant and title if applicable)

(Corporate Seal if a Corporation)

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REQUIRED EVIDENCE

AFFIRMATIVE ACTION REGULATIONS

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

If awarded a contract, all procurement and service Vendors will be required to comply with the requirements of P.L. 1975, (N.J.A.C. 17:27). Within seven (7) days after receipt of the notification of intent to award the contract or receipt of the contract, whichever is sooner, the Vendor should present one of the following to the Purchasing Agent:

1. A photocopy of a valid letter from the U.S. Department of Labor that the Vendor has an existing federally-approved or sanctioned Affirmative Action Plan (good for one year from date of the letter).

OR 2. A photocopy of approved Certificate of Employee Information Report.

OR 3. An Affirmative Action Employee Information Report (Form AA302)

OR 4. All successful construction Vendors must submit within three days of the signing of

the contract an Initial Project Manning Report (AA201) for any contract award that meets or exceeds the Public Agency bidding threshold (available upon request).

NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION REGULATIONS OF P.L. 1975, C. 127.

The following questions must be answered by all bidders:

1. Do you have a federally-approved or sanctioned Affirmative Action Program? Yes___________ No___________

If yes, please submit a copy of such approval.

2. Do you have a Certificate of Employee Information Report Approval? Yes___________ No___________

If yes, please submit a copy of such certificate.

The undersigned Vendor certifies that he is aware of the commitment to comply with the requirements of P.L. 1975, C127 and agrees to furnish the required documentation pursuant to the law.

Company________________________ Signature_____________________

Title: ___________________________

Note: A Vendor’s bid must be rejected as non-responsive if a Vendor fails to comply with the requirements of P.L. 1975, c. 127, within the time frame.

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STATE OF NEW JERSEY – DIVISION OF PURCHASE AND PROPERTY

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

PART 1: CERTIFICATION

BIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX.

FAILURE TO CHECK ONE OF THE BOXES MAY RENDER THE PROPOSAL NON-RESPONSIVE.

Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury’s Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the below certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as maybe appropriate and provided by law, rule or contract, included but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

Please check the appropriate box:

I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. I will skip part 2 and sign and complete the Certification below.

OR

I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department’s Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the Certification below. Failure to provide such may result in the proposal being rendered as non-responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.

http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

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DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN (Continued)

PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO

INVESTMENT ACTIVITIES IN IRAN

You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the information below.

Name: ________________________________________ Relationship to Bidder: ____________

Description of Activities: _________________________________________________________

Duration of Engagement:_____________________Anticipated Cessation Date:______________

Bidder Contact Name: ___________________ Contact Phone Number: ____________________

Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and my attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that the State of New Jersey is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the State to notify the State in writing of any changes to the answers of information contained herein. I acknowledge 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 recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey and that the State at its option may declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): __________________________________________________________

Signature: ________________________________________________________________

Title: ____________________________________________________________________

Date: ____________________________________________________________________

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NON-COLLUSION AFFIDAVIT

State of New Jersey

County of___________________ ss:

I, _______________________residing in________________________________ (name of affiant) (name of Municipality) in the County of_________________and State of ________________________of full age, being duly sworn according to law on my oath depose and say that:

I am____________________of the firm of______________________________ (title or position) (name of firm) ______________________________the bidder making this Proposal for the bid proposal

entitled________________________, and that I executed the said proposal with full (title of bid proposal) authority to do so 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 said proposal and in this affidavit are true and correct, and made with full knowledge that the__________________________________________relies upon the (name of contracting unit) 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 __________________________________________.

Subscribed and sworn to

before me this day

________________, 20___ ______________________________________ (Type or print name of affiant under signature)

______________________ Notary Public of

My Commission expires_____________________20___

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New Jersey Is An Eaual Opportunity Employer • Printed on Recycled Paper and Recyclable

PARAMUS MASTER PROPOSAL CONTRACT SIGNATURE PAGE

1. On ____________________, the Paramus Governing Body awarded a bid for _________________________________ to _____________________________ in the amount of _________________________. The resolution memorializing the award is attached, as are the bid specifications.

2. Pursuant to N.J.S.A. 40A:11-24(b), this signature page must be executed within 21 days of the bid award, unless extended by agreement between the parties (or if a longer period is set forth in the bid specifications). The bid specifications are binding on the successful bidder and are a contract incorporated into this signature page as if fully set forth herein.

3. Any additions, deletions, or clarifications from/of the bid specifications are set forth below:

4. The bid specifications and this signature page contain the entire agreement of the parties, so far as consistent with the Local Public Contracts Law, N.J.S.A. 40A:11-24, et seq. Neither the bid specifications nor this signature page shall be construed against the drafter. The successful bidder indemnifies and holds the Borough of Paramus harmless from any liability arising from the bid (and underling work), including liability for negligence.

1. N.J.S.A. 40A:11-50 requires that certain construction contracts under the Local Public Contracts Law contain an alternative dispute resolution provision. To the extent that is applicable to this contract, the alternate dispute resolution method shall be (__) mediation (__) binding arbitration (__) non-binding arbitration. The mediator/arbitrator shall be chosen by the Borough of Paramus. The Borough may choose a mediator/arbitrator through an arbitration or mediation service or may independently select one, so long as the selection and substance of the mediation and arbitration itself are consistent with industry standards in New Jersey.

____________________________ ___________________________

Richard LaBarbiera, Mayor

_______________________________ ___________________________

Print Name Annemarie Krusznis, RMC

Borough Clerk

_______________________________

Date

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APPENDIX I

BOARD OF HEALTH BOROUGH OF PARAMUS

ORDINANCE NO. 112 AN ORDINANCE REQUIRING TRAINING AND CERTIFICATION OF FOOD

SERVICEMANAGERS IN THE BOROUGH, OF PARAMUS” WHEREAS, managers of food processing establishments are most influential in the conduct of daily food service operation and have relatively stable employment patterns; and WHEREAS, training and certification of food service operations and have relatively stable employment patters; and NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Board of Health of the Borough of Paramus, County of Bergen, State of New Jersey as follows: SECTION 1: TITLE This ordinance shall be known as the “Retail Food Service Manager’s Certification Ordinance of the Paramus Board of Health. SECTION 2: DEFINITIONS a) FOOD PROCESSING ESTABLISHMENT – means a commercial establishment in which food is processed or otherwise prepared and packaged for human consumption. b) FOOD SERVICE MANAGER – An On-Site supervisory employee of a retail food processing establishment, responsible for food preparation, service and staff. c) BOARD OF HEALTH – the Borough of Paramus Board of Health SECTION 3: CERTIFICATION PROGRAM The Health Officer shall approve a public education course for food service manager certification or shall conduct a program of food service manager certification, recertification, training, examination, and evaluations of food service managers. The content of the training program shall include, but shall not be limited to such topics as employee health and personal hygiene, food born disease, prevention of food poisonings, etiologic agents, safe food handling principles and procedures; cleaning and sanitizing, vermin control, employee training techniques, and self-inspection

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procedures. Examinations for the training course shall be prepared or approved by the Health Officer. A minimum passing grade shall be established by the Health Officer. Applications who fail to pass the initial examination may repeat the examination on time. Applicants who fail to pass a second examination shall be required to repeat the training program. The Health Officer may also grant reciprocity to other food manager training courses determined to be equivalent to the Board’s course. SECTION 4: CERTIFICATION REQUIREMENTS a) No later than (12) months after the effective date of this ordinance, all

food processing establishments shall have in their employment at least one full-time food service manager certified by the Paramus Board of Health. At least one (1) certified food service manager shall be physically on the premises of each food processing establishment at all times when the establishment is open for business.

b) Each food processing establishment shall notify the Health Officer within ten (10) business days when the certified food service manager’s employment is terminated, and at the same time, shall indicate what measures are being taken to comply with the terms of this Ordinance, The Health Officer may issue a food processing establishment is having employees trained, or for other extenuating circumstances.

c) Persons to be employed as, or promoted to food services manager shall be certified prior to employment or promotion, or the establishment owner or its’ representatives must, register said person for participation in the next available training course.

d) This Ordinance shall not apply to retail food establishments that serve, sell or distribute bottled, canned, cartooned or securely wrapped food.

SECTION 5: CERTIFICATION PROCEDURES a) The Health Officer, with approval by the Board of Health, shall establish

criteria on which to determine whether or not certification is to be issued to an applicant.

b) The Health Officer shall issue a food service manager’s certificate to each person meeting the criteria of the previous section.

c) A valid food service, manager’s certificate shall be posted in the establishment so that it may be viewed by a duty authorized agent of the Board of Health at any time.

d) The Board of Health may revoke or suspend the certificate of a food service manager who is determined to be incompetent or unable to

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properly perform the duties of a food service manager or who has been negligent in the discharge of his or her duties or responsibilities. Before taking action to revoke or suspend the certification, the Board shall provide the food service manager an opportunity for a hearing to determine whether good cause exists for the suspension or revocation of such certificate.

SECTION 6: RECERTIFICATION PROCEDURES a) Each food service manager’s certificate shall be valid for a period of

three (3) years. b) In order to recertified, certified food managers must attend a

recertification class approved by the Health Officer, and achieve a minimum passing grade on a recertification examination.

SECTION 7: RESPONSIBILITIES OF CERTIFIED FOOD SERVICE MANAGERS a) Maintain food processing establishment in compliance with Chapter XII,

New Jersey State Sanitary Code (NJAC R:24). b) Conduct a training program for all personnel under their supervision as

it applies to individual employee’s work assignments. c) Conduct a minimum on one self-inspection of the retail food service

establishment every three (3) months. The findings of the self-inspection shall be recorded on forms provided by the Health Officer and retained at the establishment for a minimum of one (1) year. Said reports shall be made available for review by a duly authorized agent of the Board of Health upon request.

d) The certified food service manager shall promptly notify the Health Officer of known or suspected food born illness of employees or patrons within 24 hours of becoming aware of the incident.

SECTION 8: ESTABLISHMENT RECORDS a) All establishment engaged in the business of or preparing, selling or

processing food for human consumption, shall be required at all times to keep and maintain accurate records of the name and address of each certified food service manager, date of employment, the date and number of the certificate issued. All records shall be made available at all times for inspection by the duly authorized agents of the Boards of Health.

b) The Board of Health shall maintain a Register of Certified Food Service Managers who have been issued certificates by the Health Officer, or have certificates from other approved agencies. The department shall

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keep the Register current by adding or deleting the names of certified food service managers.

SECTION 9: TRANSFER OF CERTIFICATE A “Food Service Manager’s Certificate” is not transferable. No person to whom a food service manager’s certificate is issued or granted shall give, loan, transfer or permit the same to be used by any other person for any purpose whatsoever. SECTION 10: FEES At the time application for entrance to the Food Service Manager Certification or Recertification Course, the applicant shall pay a fee to the Board of Health in the amount of $95.00 SECTION 11: PENALTIES Any food processing establishment that violates the provisions of this ordinance shall upon conviction thereof, be liable to a penalty of not less than fifty ($50.00) dollars for each separate offense. In addition, any food processing establishment that fails to comply with the requirements of this Ordinance is subject to a hearing before the Board of Health to determine whether the establishment’s food handling permit be revoked or suspended in accordance with the requirements of the Sanitary Code of the Borough of Paramus. This ordinance shall take effect thirty days after publication and final passage as required by law. Approved: ___________________________________ Judy Migliaccio, President Board of Health ATTEST:

____________________________ , Secretary

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Appendix II Borough of Paramus Paramus Golf Course

Equipment List

Food and Beverage Concession Inventory Bar and Sink True Counter Refrigerator Beverage Air Glass Refrigerator Inventory #2382 Kegerator

ADS Dishwasher

Three (3) Compartment Sink One Door Maximum Freezer Continental One Door Refrigerator DCS Stove Maximum Two Door Refrigerator DCS Deep Fryer True Baymarie DCS Grill Outdoor Storage Shed Tafco Walk-In Refrigerator Perlick Counter Refrigerator Shed Stove Hood Six (6) Foot Stainless Steel Work Table Thirty (30”) Inches Stainless Steel Work Table

10th Tee Concession Stand Inventory

Fujitsu A/C Heat Pump Stainless Steel Baker’s Rach Three (3) Compartment Sink Hand Sink Everstar Portable Air Conditioner