13
March 3, 2017 Daniel D. Duffy UNITE ERE! 275 Seventh Avenue, New York, NY 10001 TEL (212) 265-7000 FAX (212) 265-3415 WWW.UNITEHERE.ORG. facebook.com/UNITEHERE. @UNITEHERE FOi Administrator, Port Authority of NY and NJ 4 World Trade Center 150 Greenwich Street New York, NY 10007 Dear Daniel D. Duffy: Pursuant to the New York Freedom oflnformation Law and the New Jersey Open Public Records Act, I am requesting copies of the following public records: 1) Any and all communication between the Port Authority of New York and New Jersey Office of Business Diversity and Civil Rights and Saniya Dhala, nee Isani, between August 1, 2016 and present. 2) Any and all recertification documents, affidavits and/or other documents provided to the Port Authority of New York and New Jersey Office of Business Diversity and Civil Rights by Saniya Dhala, nee Isani, regarding the certification of her firm, Local Food Concepts, as a Disadvantaged Business Enterprise (DBE) and/or an Airport Concessions Disadvanted Business Enterprise (ACDBE), between Attgust 1, 2016 and present. 3) Any and all documents produced by the Port Authority of New York and New Jersey Office of Business Diversity and Civil Rights regarding Local Food Concepts, between August 1, 2016 and present, including any records of site-visits and/or inspections. Please provide documents electronically wherever possible. I agree to pay any reasonable copying and postage fees, but please notify me of the amount prior to completing this request if more than $50. If you deem any of the requested documents to be confidential, please provide a written explanation referencing the statutory examples on which you rely and provide the name, address and email address of the person or body to whom an appeal should be directed. Please feel free to contact me with any questions via email at [email protected] or by phone at 703-344-4778. Thank you in advance for your assistance. Best regards, Michael Hachey Research Analyst, UNITE HERE 1800 N Charles St, Suite 902 Baltimore, MD 21201 . D. C'LO~RESIDENT GENERAL OFFICERS: Sherri Chiesa, Secretary-Treasurer ;·Peter~ Rec~ng Secretary Tho Thi Do, General Vice President for Immigration, Civil Rights and Diversity.

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Page 1: UNITE ERE! - Port Authority of New York and New Jerseycorpinfo.panynj.gov/files/uploads/documents/freedom-of-information/... · UNITE ERE! 275 Seventh Avenue, New York, NY 10001 •

March 3, 2017

Daniel D. Duffy

UNITE ERE! 275 Seventh Avenue, New York, NY 10001 • TEL (212) 265-7000 • FAX (212) 265-3415

WWW.UNITEHERE.ORG. facebook.com/UNITEHERE. @UNITEHERE

FOi Administrator, Port Authority of NY and NJ 4 World Trade Center 150 Greenwich Street New York, NY 10007

Dear Daniel D. Duffy:

Pursuant to the New York Freedom oflnformation Law and the New Jersey Open Public Records Act, I am requesting copies of the following public records:

1) Any and all communication between the Port Authority of New York and New Jersey Office of Business Diversity and Civil Rights and Saniya Dhala, nee Isani, between August 1, 2016 and present.

2) Any and all recertification documents, affidavits and/or other documents provided to the Port Authority of New York and New Jersey Office of Business Diversity and Civil Rights by Saniya Dhala, nee Isani, regarding the certification of her firm, Local Food Concepts, as a Disadvantaged Business Enterprise (DBE) and/or an Airport Concessions Disadvanted Business Enterprise (ACDBE), between Attgust 1, 2016 and present.

3) Any and all documents produced by the Port Authority of New York and New Jersey Office of Business Diversity and Civil Rights regarding Local Food Concepts, between August 1, 2016 and present, including any records of site-visits and/or inspections.

Please provide documents electronically wherever possible. I agree to pay any reasonable copying and postage fees, but please notify me of the amount prior to completing this request if more than $50. If you deem any of the requested documents to be confidential, please provide a written explanation referencing the statutory examples on which you rely and provide the name, address and email address of the person or body to whom an appeal should be directed. Please feel free to contact me with any questions via email at [email protected] or by phone at 703-344-4778. Thank you in advance for your assistance.

Best regards,

Michael Hachey Research Analyst, UNITE HERE 1800 N Charles St, Suite 902 Baltimore, MD 21201

. D. C'LO~RESIDENT

GENERAL OFFICERS: Sherri Chiesa, Secretary-Treasurer ;·Peter~ Rec~ng Secretary Tho Thi Do, General Vice President for Immigration, Civil Rights and Diversity.

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THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY PRA #17839 PUBLIC RECORD ACCESS FORM

Action by (print I type name): I panny Ng 1 , Freedom of Information Administrator

J I

Signature: Date:

!03/17/2017 I~ I

On behalf of the Secretary of the Port Authority, as Records Access Officer and Custodian of Government Records of the Port Authority.

1.,/ J The requested records are being made available. ' '

Any responsive records that may exist are currently in storage or archived, and a diligent search is being conducted. The Port Authority will respond by: ;

A diligent search has been conducted, and no records responsive to your request have been located.

The requested records that have been located are not being made available, as they are exempt from disclosure for the following specific reasons:

Some requested records that have been located are being made available. The remainder are exempt from disclosure for the following specific reasons:

The request does not reasonably describe or identify specific records; therefore, the Port Authority is unable to search for and locate responsive records. Please consider submitting a new request that describes or identifies the specific records requested with particularity and detail.

I{! Other:

IMaterial responsive to your request can be found on the Port Authority's website at lhttp://corpinfo.panynj.gov/documents/17839-0/. Paper copies of the available records are Javailable upon request. Exemptions applied for privacy.

I This form is promulgated by the Port Authority pursuant to the Port Authority Public Records Access Policy and is intended to be construed consistent with the New York Freedom of Information Law and the New Jersey Open Public Records Act. It is intended to facilitate requests for Port Authority public records and does not constitute legal advice.

Page 1

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October 14, 2016

Ms. Saniya Dhala Managing Member Local Food Concepts, LLC 8 Reynold Court Edison, NJ 08820

1HE PORT AlffllORnY OF NY & NJ

RE: ANNUAL AFFIDAVIT - CONTINUED ACDBE/DBE ELIGIBILITY

Dear Ms. Dhala:

We are pleased to inform you that Local Food Concepts, LLC continues to meet the eligibility criteria for Airport Concession Disadvantaged Business Enterprise (ACDBE) and Disadvantaged Business Enterprise certification pursuant to U.S. Department of Transportation, Code of Federal Regulations Title 49 Part 26 and 23 .

Annually, you must submit a signed and notarized Annual "No Change Affidavit" with supporting documentation. It is your responsibility to notify this office in writing within 30 days of any changes. Failure to do so may result in decertification of your business.

If you have any questions regarding this letter, please email me at gsimpkin@panynj .gov or call me at (201) 395-3944.

Sincerely,

Gerald Simpkins Manager, Certification Programs Office of Business Diversity and Civil Rights

2 !\1ontgom<.:r} 'itr..:et 2n,, 1 ·1oor .krse~ Cit:,. \..I 07302 I. 20139539-U

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111E PORT AIRHORRY OF NY & NJ

ANNUAL "NO CHANGE" AFFIDAVIT

DISADVANTAGED BUSINESS ENTERPRISE

AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE

I, S A-N \ ~ A 1>\-1..tb.,+L\ do hereby declare that I am authorized to act on behalf of the business known as LQ:Jtk fn(i) C ~t:P:B I LC in executing this Affidavit.

I

I affirm that there have been no changes in my firm ' s circumstances affecting its ability to meet the size, disadvantaged status, ownership, or control requirements for Disadvantaged Business Enterprise (DBE) and/or Airport Concession Disadvantaged Business Enterprise (ACDBE) certification as set forth in 49 CFR Parts 26 and 23. I further affirm that my business continues to meet the Small Business Administration (SBA) size criteria and does not have average gross receipts for the last three years exceeding $23.98 million (DBE)/$56.42 million (ACDBE). I also affirm that my personal net worth does not exceed $1.32 million. There are no written, oral or tacit agreements concerning and/or affecting the ownership, control and/or operation of this company between any person associated with this company and another individual and/or business entity.

In the event that there are any changes in the ownership, control or operations of this company I will notify the Office of Business Diversity and Civil Rights of such changes within 30 days and provide all necessary support documentation.

The undersigned does hereby affirm that the foregoing statements are true, accurate and complete.

~ 5 ftlV I Y 4 D\:1 fl::U4-

Printed Name of Affiant

Sworn to and subscribed before me this !>,rd day of_~_~ ___ 20 11_, at \k fb UL- uuv-\~ tillk s h/-zon

Nota~ ~ Commission Expires

AMIR PATNI NOTARY PUBLIC

STATE OF NEW JERSEY My Cor~mission Expires May 7, 2017

0 # 2420442

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Firm Name: Loe t1:::L Ft.;;oD {.RJ(\)G~B. LL c Contact Person: 5~ y A: p'>rl.)'-\1,A

Contact Phone #: ·-:,-32- -::,--£ 6 - lf 3 -=f-3:

Contact e-mail: Sb..'r'\' "j°' @ lcna£ fi;td Cm~ , l9NV\

SUPPORTING DOCUMENTATION CHECKLIST

Submit the following documents with this affidavit. Place a check mark opposite each item that is included. Indicate "NIA" opposite those items that do not apply:

efr.ederal Corporate Tax Return (Form 1120 or l 120S); or Partnership Return (Form 1065);or Sole Proprietor tax returns ( 1040 with Schedule C) for the past year. (If you filed an IRS extension, please provide a copy of your federal IRS Extension request form.)

D Federal corporate, partnership, or sole proprietor (I 040 with schedule C) taxes for the past year of t,:)\ ~ any affiliate firm(s) in which you hold ownership.

D Firms located outside the New York/New Jersey area, provide a copy of current home state \.)\ ~ certification.

Mail to: The Port Authority of NY & NJ Office of Business Diversity and Civil Rights - Certification Unit 233 Park Avenue South, 4th floor New York, NY 10003

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IHE PORT AUINORnY@CS ~fll [K!1JJ

CERTIFICA TION INTER VIEW QUESTIONNAIRE

EXPLANATORY STATEMENT: (Must be read to applicant prior to interview)****

****The following questions are being asked to obtain additional information with regard to your M/ WBE/DBE/SBE certification application. Ifthere is any other information you'd like to present to support your application, you should do so during this interview.

NAME OF APPLICANT:

FEDERAL TAXI.D. NUMBER:

ADDRESS OF FIRM:

PERSON (S) INTERVIEWED:

INTERVIEWER (Business Representative):

DATE:

IA. Type of interview: On Site In Office _ _ Telephone

lB. Type of business: _ _ Corporation __ Partnership __ Sole Proprietorship

2. The address of the applicant' s firm has been verified: Visual __ Applicant's Verbal Confirmation

If different from application, what is it?

Explain reasons for d~fference: _ _ _ ____ _ ___ _____ ____ ___ _

3. What is this firm's primary line of business?

4A. Are there any other businesses located at this address: YES NO If yes, what businesses?

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4B. Explain relationship with other firm(s), if any:

5. Is business name prominently displayed?:

YES NO In NO, explain:

6. Explain how the business was capitalized (Loan, Savings, Etc.)

7. As President of the company, describe your corporate duties and responsibilities:

8. As Vice President of the company, describe your corporate duties and responsibilities:

9. As Secretary/Treasurer of the company, describe your corporate duties and responsibilities:

10. Briefly recap the history of the firm, discuss where you are today and where you hope to be in the near future (five years)?

11. Explain and describe the day to day operation of the company

12. Explain the process for solving field construction (or operational) problems

13. Explain the process used to monitor cost

2

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14. How many supervisors does the company employ? Explain their duties and responsibilities

15. Explain and describe the bidding and estimating process

16. Explain the job/contract process

17. If the firm were to add or delete services or specialties, who would make the decision?

18. When was the last time you hired an employee? Explain the procedures

19 When was the last time you fired an employee? Explain the procedures

20 How does the firm recruit employees:

21 Who authorizes and signs payroll checks?

Is this a separate account from your regular disburse:111ent account? Yes

22 How are funds disbursed? How many signatures are required? Are there any limitations? Yes

23 Who signs contracts

24 Are there any outstanding loans? including terms and payback

No or amount authorized Yes

Yes No If yes, provide details

No

No

3

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25 How much time is spent with the business? occupations employment

Explain time spent with other or other endeavors

26. How many hours per day and days per week does the M/W/DBE owner(s) spend doing work related to the operation of the firm: Hours per day: _ _ Days per week:

OTHER OWNERS Hours per day: _ ___ _ Days per week: Hours per day: _ _ __ _ Days per week: Hours per day: ___ _ Days per week:

27 . Which of the owners are actively involved in the business and what is their principal involvement?

28. What are the other owners' daily duties?

29. Explain how the financial statements are used for managerial decisions

30. Is the M/W/DBE owner(s) presently employed elsewhere? Yes _ _ _ No Where?

3 lA. What is the net worth of your company $

3 lB. Are the other owners combined net worth less than $750,000 Yes __ _ No

32 Financial Statements: Explain the loans to and from officers and/or stockholders

33 . Explain and describe the negotiation process for banking, bonding, loans and letters of credit

34 How are the owners compensated for their work and ownership interest? (Verify the documents)

4

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35 Other than the owners, who are the key employees? What are their primary functions?

36 Explain and describe the company's marketing process. Who does it?

37

38

How many signatures are required for payroll? Who signs the checks?

Have you ever subcontracted any of your company's contracts? To whom? Why? Dollar Value $ -------

and other checks

Yes

39 Please explain the Company's Policy decision making process for employee benefits

No

40. Explain how you acquired expertise and experience in the firm's primary field of operations

41. Explain how you hope to benefit from the certification program

42. Explain how the M/W/DBE owner(s) acquired ownership in the firm

43. Describe any arrangements or agreement this firm has with any other firm(s) to provide assistance in human resources, equipment or space

44A. Describe the M/W/DBE owner's spousal involvement in this business

5

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44B. What is the spouse's occupation?

44C. Where is the spouse employed?

45 OPTIONAL: What areas of New York/New Jersey are you willing and able to conduct your business activity?

46. OPTIONAL: Do you have a new York State/New Jersey State Employer' s Registration Number issued by the Department of Labor? Yes No _ _ _ (You can obtain the number by calling (518) 457-5718.

47. Including owners who take an active part in the business, how many employees are Full-time? Part-time? ---

48. Who are the owners and what are their ownership percentages? % of Ownership

% of Ownership

% of Ownership

49. Who contributed capital, equipment, real estate, inventory, etc. used in this business?

50. Is there any other information that you would like to present to support your certification application?

INTERVIEWER'S OBSERVATIONS AND COMMENTS:

6

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THE FOLLOWING IS VERIFICATION OF YOUR BUSINESS NAME, ADDRESS, TELEPHONE NUMBER AND PRODUCT CATEGORY AS IT WILL APPEAR IN THE DIRECTORY OF CERTIFIED FIRMS:

NAME:

ADDRESS:

TELEPHONE NUMBER:

FEDERAL TAX I.D. NUMBER:

PRODUCT AND/OR SERVICES:

VERIFIED AND APPROVED BY: --------------------(Signature)

SIGNED BY: (Print Name)

(Title)

DATE:

7

..

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OTHER QUESTIONS FROM REVIEWING APPLICATION

1.

2.

3.

4.

5.

FINAL INFORMATION YOU WANT TO REVIEW:

1. Accounts Receivable/ Accounts Payable 2. Review canceled checks to see who is being paid. Question the owner to see ifhe is aware of who

some of the payees are. Obtain copies of questionable items. 3. Review payroll checks to see how much the owner is paid Is the owner paid less than the other

workers? Yes No ---4. Inquire as to the pay rate the workers are receiving. Are they paid prevailing wages? 5. Review lease agreement 6. Inquire as to the line of credit. Loan agreements with the company. 7. Review the General Ledger detail, Accounts Payable, Accounts Receivable, Loan Payable,

Insurance Accounts and see what transactions are posted to the accounts. Look for any unusual names, etc.

8. Review actual invoices, sales orders, purchase orders and utility bills. 9. If this is an acquired business, what was the name of the previous business and owner?

10. Name some of the largest customers ----- ------------- --- -

11. Name some of the largest suppliers

8