CC# 24-05 Surf School Instructor Concessionaire.pdf

PROJECT MANUAL

for

CC# 24-05

COMPETITIVE CONTRACT

SURF SCHOOL INSTRUCTION CONCESSIONAIRE

City of Cape May, Cape May County, N.J.

May 8, 2024 at 10:00A.M.

MAYOR & COUNCIL

Mayor Zachary Mullock

Councilmember Lorraine Baldwin

Councilmember Shaine P. Meier

Councilmember Michael Yeager

Councilmember Maureen K. McDade

Erin C. Burke, RMC, City Clerk

Paul Dietrich, City Manager

Competitive Contract Request for Proposals

Notice is hereby given by the City of Cape May that a Competitive Contract in accord with N.J.S.A. 40A:11-4.1 will be received by the City on May 8, 2024 at 10:00am prevailing time conducted on electronic platform, in accord with N.J.A.C. 5:34-1 et. Seq., on BIDNET at www.bidnetdirect.com//capemaycity

CC #24-05 SURF SCHOOL INSTRUCTION CONCESSIONAIRE

NOTE:

It is the bidder’s responsibility to ensure that the bid package is uploaded onto the e-procurement site by the bid opening date and time. Any bid document received after the deadline established by the Department of Purchasing will not be accepted, regardless of the method of delivery.

Bidders must comply with the requirements of N.J.S.A. 10:5-31 et seq., and

N.J.A.C. 17:27 et. Seq., For zoom opening information, contact the Qualified Purchasing Agent at scanning@TheCanningGroup.org

The City of Cape May will award this Competitive Contract in accord with Price and

Other Factors as outlined within N.J.S.A 40A:11-4.1 et. Seq., and N.J.A.C. 5:34-4.1 et. Seq., Report of Competitive Contract:

In accord with N.J.S.A. 40A:11-4.4(d) the summary report will be posted on the City procurement website at www.bidnetdirect.com//capemaycity at least 48 hours prior to the governing body taking action on award.

This procurement has been advertised in accordance with the “Fair and Open Basis”

(N.J.S.A. 19:44A-20.5).

Ordered By: Erin C. Burke

City Clerk http://www.bidnetdirect.com/capemaycity mailto:scanning@TheCanningGroup.org

Applicable to Bid if marked “X”

DOCUMENTATION REQUIRED OR REVIEWED

Initials When Due

Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with

POA for full amount of Bid Bond)

With Bid

Submission

Consent of Surety (Certificate from Surety company)

Performance Bond and Labor and Material Payment Bond

(Required from the Awarded Contractor)

At signing of contract

Maintenance Bond in the Amount of 100 % for a period indicated in “General Conditions” Required from the Awarded

Contractor Upon Acceptance of Project

Upon

Acceptance of

Project

Acknowledgement of Receipt of Addenda (To be Completed if Addenda are Issued)

X Ownership Disclosure Form With Bid

Submission

Named Subcontractors in Bid for Listed Specialty Trades

Public Works Contractor Registration Certificate(s) for the

Bidder and all Sub Contractors

Prior to Award, but effective at time of bid

X Business Registration Certificate – Bidder and all Sub

Contractors

Prior to

Contract

Award

Non-Collusion Affidavit With Bid

Submission

X Experience and Qualifications With Bid

Submission

X Insurance and Indemnification Certificate

Prior to

Contract

Award

X Disclosure of Investment Activities in Russia/ Iran Form

Prior to

Contract

Award

Federal debarment Form

Prior to

Contract

Award

Prevailing Wage Certification (PL 2021, C301)

Prior to

Contract

Award

Equipment Certification

EEO/AA Form AA-201

After Notice of

Award, Prior to

Signing

Contract

X EEO/AA Form AA-302 or Letter of Federal Approval or

Certificate of Employee Information Report

After Notice of

Award, Prior to

Signing

Contract

X Bidder’s Checklist

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder

Name:

Date:

Authorized

Representative:

Signature:

Print Name &

Title:

1.0 Purpose

1.1 The City of Cape May is seeking a surf school concessionaire to provide surf school instructions for signups within the City from approximately June 17- September 6, 2024.

1.2 to the City will be seeking the provision of weekly camps.

1.3 The concessionaire will be responsible for registration.

1.4 The concessionaire will be responsible for collecting payment and paying out the City what is due to them.

1.5 The City will be responsible for marketing and public relations for the service.

2.0 Scope: General Requirements

2.1 Concessionaire agrees to manage and operate surf school concession services at permitted beaches and coastal access points within the City of Cape May.

2.2 Concessionaires will have the right and privilege to conduct concessions operations of their surf school services.

2.3 Concessionaire agrees to implement an approved surf school operational plan that provides appropriate commercial activity for this area that maintains safety and access.

2.4 Public right-of-way must always be maintained. Safe practices and etiquette in the water must be observed at all times.

2.5 All operations conducted by the Concessionaire will be in accordance with the generally accepted best practices of surf school businesses, surf school instruction, and surf etiquette.

2.6 Concessionaire shall furnish, at his/her own expense, all equipment and supplies and other items necessary for the operation of the concession services, excepting storage as provided by the

City.

2.7 All services and operations shall be of the highest quality in presentation and safety. City has the right at any time to inspect all on-site operations by Concessionaire.

2.8 The Concessionaire agrees to submit to the City a complete list of all fees for surf school concession services that the Concessionaire intends to charge prior to the effective date of the agreement.

2.9 Any changes or modifications to this list must be submitted in writing to the City for approval.

2.10 It is the City’s intent to solicit an RFP for surf school concession services and to award services to the most qualified concessionaire(s).

2.11 Concessionaire agrees to be in compliance with all of the incorporated Surf School

Concessionaire Permit Terms and Conditions of Use, including but not limited to the following:

2.11.1 Required maximum student to instructor ratios.

2.11.2 Maximum allowable students in the water per surf school

2.11.3 Instructor qualifications for ocean safety training/first aid/CPR

2.11.4 Uniform and equipment requirements.

2.11.5 Safety/emergency response plan

2.11.6 Safe practices and surf etiquette

2.11.7 Beach access, off-site staging location, parking, public right-of-way

2.11.8 Insurance requirements. A. Commercial General Liability with a $1,000,000 and

$2,000,000 Aggregate per occurrence for Bodily Injury, Personal and Advertising Injury and Property Damage including Blanket Contractual Liability, Products Liability.

Contractor’s insurance to be primary and non-contributory. 30-day notice of intent to cancel, non-renew, or make material change in coverage. The City to be named as

“Additional Insured.” Indemnity and Hold the City Harmless from and against any and all claims arising from the operations and services of the Concessionaire.

2.11.9 Indemnification.

2.11.10 Notwithstanding the concessionaire being an independent agent and not an employee of the City, the concessionaire acknowledges and agrees to adopt and incorporate the City’s policy for the Protection and Safe Treatment of Minors which is attached hereto as an Exhibit to the bid specifications and incorporated herein by reference. The concessionaire shall be responsible for continued implementation of the same during the term of any agreement with the City.

2.12 All transportation of the operation, if any, is the sole responsibility of the Concessionaire.

2.13 No structural site or other changes shall be permitted without written approval from the City.

2.14 All printed advertisements outside of the City marketing, of the concession services must be approved by the City prior to disbursement.

2.15 The Concessionaire shall be an independent agent and shall not be an employee of the City.

2.16 Concessionaire shall provide qualified instructors to operate any surf school concession services.

2.17 Instructors must be sufficiently trained and proficient in ocean safety, surfing, and surf instruction, and possess all required certifications and clearances.

2.18 The qualifications and performance of the instructors shall be subject to the City’s approval.

2.18.1 Vendor shall produce profile highlighting experience and qualifications of instructors that will be on site with the campers.

2.19 All personnel employed by Concessionaire shall at all times and for all purposes be deemed solely Concessionaire’s employees.

2.20 Concessionaire will abide by all requirements set by the Department of Health.

2.21 Concessionaire shall provide a City approved tent for teaching and shading to the campers.

2.21.1 Tent must be pre-approved by the City Manager for size, location, and specifications of such tent.

2.22 Concessionaire shall provide a City approved shed for camp storage.

2.22.1 Shed must be pre-approved by the City Manager for size, location and should be removed at the conclusion of the season.

2.23 Concessionaire and City will mutually agree on camp days and times.

2.24 The City Manager and/or Beach Patrol have final say on all matters as it pertains to beach closures due to weather and/or other safety concerns.

2.25 Final say on class size shall be determined by the City Manager in consultation with the

Department of Recreation.

2.26 Location of camp is determined by the City Manager to ensure safety for all participants.

2.27 Registration of camp participants shall be the sole responsibility of the Concessionaire.

2.27.1 The City shall advertise the camp through the City’s website and social media platforms.

2.28 The concessionaire and its agents and employees shall at all times comply with and abide by all rules, regulations, terms and conditions of use heretofore adopted or that may hereinafter be adopted by the City. Concessionaire shall comply with all laws and ordinances of the City of

Cape May, the State of New Jersey, and the United States, including applicable noise ordinances.

2.29 The concessionaire shall not assign or sublease any rights under the approved Permit without prior approval of the City. Any such assignment or sublease shall be void, and the City shall have the right to exclude any and all persons from the premises attempting to exercise any right or privilege under such assignment or sublease.

2.30 The city is authorized to terminate this agreement at any time for a violation of its conditions or for cause.

3.0 The City is seeking will conduct this procurement of the Competitive contract Process in accord with

N.J.S.A 40A:11-4.1. T

3.1 The award will be based upon PRICE & OTHER FACTORS as defined within the Local Publics

Contract Law as well as the administrative code at N.J.A.C 5:34-1 et. Seq.,

3.2 The factors will be weighted factors of Technical, Managerial and Cost:

3.2.1 Technical %

3.2.2 Managerial %

3.2.3 Cost %

3.2.4 These weights will be announced at the opening of proposals.

4.0 Proposal

4.1 Respondents shall provide with the packet response a detailed schedule for compensation per attendee per day.

4.1.1 Respondents shall provide for the percentage that will be the compensation to the City of Cape May.

4.1.2 Charge per attendee per day $__________

4.1.3 Compensation to the City per attendee per day______%

5.0Term of Contract

5.1 The term of the contract shall be for one (1) year. The City shall have the option to extend the term for additional 1 year terms not to exceed a total of five (5) consecutive years.

6.0CONTACTS/ QUESTIONS :

6.1 All questions pertaining to process or technical questions shall be submitted through Bidnet Direct at:

www.bidnetdirect.com//capemaycity http://www.bidnetdirect.com/capemaycity

Technical criteria: RATER NAME:

(Max Points _) 1 Pt = Poor Response, 3 Points = Average Response, 5 Pts =

Concise and Superior Response

Vendor Name:

(1) Does the vendor's proposal demonstrate a clear understanding of the scope as listed in the minimum qualifications?

(2) Is the vendor's proposal complete and responsive to the specific requirements for service as requested?

(3) Has the past performance of the vendor's experience and qualifications been documented and proposed?

(4) Does the vendor's proposal use innovative technology and techniques that set them apart from other proposals?

Sub Total Technical 0

Management criteria:

(Max Points __) 1 Pt = Poor Response, 3 Points = Average Response, 5 Pts =

Concise and Superior Response

Vendor Name:

(1)How well does the proposed scheduling timeline meet the contracting unit's needs?

(2)Is there a project management plan?

(3)Does the vendor document the qualifications of its personnel to a greater degree of expertise than other proposals?

Sub Total Managerial 0

Cost criteria:

(Max Points __) 1 Pt = Poor Response, 3 Points = Average Response, 5 Pts =

Concise and Superior Response

Vendor Name:

(1)How well does the proposed scheduling timeline meet the contracting unit's needs?

(2)Is there a project management plan?

(3)Does the vendor document the qualifications of its personnel to a greater degree of expertise than other proposals?

(4) Yearly maintenance cost of software & data storage

SUB TOTAL COST 0

Final Rater Score 0

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 et seq.

GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS

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

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state 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 chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with 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.

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

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

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

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

Letter of Federal Affirmative Action Plan Approval;

Certificate of Employee Information Report; or

Employee Information Report Form AA-302 (electronically provided by the Division and distributed to the public agency through the Division’s website at: http:// www.state.nj.us/treasury/contract_compliance.

The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq http://www.state.nj.us/treasury/contract_compliance

NEW JERSEY ANTI-DISCRIMINATION PROVISIONS

N.J.S.A. 10:2-1 ET SEQ.

Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees 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 to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, nor any person on his 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 the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, 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 provisions of the contract; and

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 violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT

New Jersey Business Registration Certification

Pursuant to N.J.S.A. 52:32-44, The City of Cape May (“Contracting

Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration

Certificate on file with the Division of Revenue and Enterprise Services within the

Department of the Treasury.

Prior to contract award or authorization, the contractor shall provide the

Contracting Agency with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

During the course of contract performance:

(1) the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

(2) the contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.

(3) the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the

Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A.

54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of

Taxation at (609)292-6400. Form NJ-REG can be filed online at http://www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.

Emergency Purchases or Contracts

For purchases of an emergent nature, the contractor shall provide its Business

Registration Certificate within two weeks from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.

http://www.state.nj.us/treasury/revenue/busregcert.shtml

SAMPLE BUSINESS REGISTRATION CERTIFICATE

PAY TO PLAY ADVISORY

Disclosure Requirement

P.L. 2005, Chapter 271, Section 3 Reporting

(N.J.S.A. 19:44A – 20.27)

Any business entity that has received $50,000 or more in contracts from government entities in a calendar year will be required to file an annual disclosure report with ELEC.

The report will include certain contributions and contract information for the current calendar year.

At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us.

If you have any questions please contact ELEC at:

1-888-313-ELEC (toll free in NJ) or

609-292-8700

An analyst from ELEC’s Special Programs Section will assist you.

Initials http://www.elec.state.nj.us/

Experience & Qualifications Questionnaire

This questionnaire must be filled out and submitted as a part of the Proposal.

Failure to complete this form or to provide any of the requested information will be grounds for the rejection of the bid proposal. If additional space is required, the respondent shall add additional sheets, which identify the question being answered.

Number of years in business under present name & address:

If less than 5 years, list previous names and address:

Within the last 5 years has the business or any officer/partner failed to complete a contract awarded to them: . If yes, provide the details in on a separate page.

Have any liens and lawsuits been filed against the company in the past 5 years:

If yes, please provide details:

List similar services you are now providing for which you have signed contract, but not yet started work:

List all major subcontractors to be used to complete the service and the area of their responsibility:

Experience & Qualifications Questionnaire

Please provide at least 3 references below:

Name: Phone:

Address:

Equipment/Service Provided:

Contract Amount:

Americans with Disabilities Act of 1990

The CONTRACTOR and the OWNER do hereby agree that the provisions of Title 11 of the Americans With

Disabilities Act of 1990 (the "ACT") (42 U.S.C~ S12101 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 thereunto, are made a part of this contract. In providing any act 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 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 must 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 frill and complete particulars of the claim. if any action or administrative proceedings 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.

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.

Business Name (Print):

Representative’s Name (Print):

Representative’s Title:

Representative’s Signature:

Phone: Date:

STATEMENT OF OWNERSHIP DISCLOSURE

N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:

Organization Address:

Part I Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, execute certification in Part IV)

Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)

For-Profit Corporation (any type) Limited Liability Company (LLC)

Partnership Limited Partnership Limited Liability Partnership (LLP)

Other (be specific):

Part II

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. (COMPLETE

THE LIST BELOW IN THIS SECTION)

OR

No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)

(Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Address

Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS

OR LLC MEMBERS LISTED IN PART II

If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s

Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding Entity Listed in Part II

Address

Part IV Certification

I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the City is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with City to notify the City in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the City to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print):

Title:

Signature:

Date:

CITY OF CAPE MAY – PROTECTION AND SAFE TREATMENT OF MINORS POLICY

Protection and Safe Treatment of Minors Policy:

Purpose and Scope:

Under New Jersey law (N.J.S.A. 6-8.21), an abused or neglected child is anyone “under the age of 18 who is caused harm by a parent, guardian or other person having custody or control of that minor.” A child who is under the age of eighteen (18) is considered to be abused or neglected when a parent, caregiver, another child or another adult does one or more of the following:

1. Inflicts or allows to be inflicted physical injury by other than accidental means that creates substantial harm or risk of substantial harm, and/or

2. Fails to provide proper supervision or adequate food, clothing, shelter, education or medical care although financially able or assisted to do so, and/or

3. Commits or allows to be committed an act of sexual abuse against a child.

Child abuse can have long-term effects on victims. A lack of trust and difficulty with healthy relationships is common, as is a core feeling of worthlessness and low self-esteem. There may even be long-term trouble with regulating emotions that can lead to destructive behaviors.

There are typically four common types of abuse:

• The failure to meet a child’s basic needs, physically or emotionally, which is called neglect.

• The intentional use of physical force that results in injury, which is called physical abuse.

• The practice of any behaviors that harm a child’s feelings of self-worth or emotional well-being, which is emotional abuse.

• Engaging in sexual acts with a child including pornography, which is sexual abuse.

In the State of New Jersey, every level of government has a role in protecting minors.

• At the State level:

o State law is enforced through the NJ Family Division of the State court system. The court has broad powers including the ability to remove children from dangerous situations.

o The Department of Children and Families, specifically the Division of Child Protection and Permanency, combines all state operations intended to safeguard children into a single, coordinated program working closely with the Courts, legal advocates and law enforcement.

o The Department of Corrections operates adult prisons and youth correctional centers to deal with perpetrators, while individual counties operate youth detention centers and special purpose schools.

• At the local level:

o Educational professionals have the most contact with children, meaning they are often the first to detect issues.

o Municipalities and counties operate or sponsor a variety of programs that involve children including, but not limited to:

▪ Recreation programs

▪ Before and After Care programs

▪ Youth sports leagues

▪ Youth centers

▪ Youth in Government programs

▪ Junior law enforcement training programs o The role of Police and law enforcement agencies is especially important. Police officers assist in resolving reported situations, often acting as first identifiers. In New Jersey, police are given broad authority to protect children, including the authority to remove them from their parents or caregivers without a court order if necessary to prevent imminent danger to a child. Under the Prevention of Domestic Violence Act, a law enforcement officer must make an arrest when the officer finds “probable cause” that domestic violence has occurred. This holds even if the victim refuses to make a complaint. The Act is invoked in situations where the victim exhibits signs of injury caused by domestic violence, when a warrant is in effect, or when there is probable cause to believe that a weapon has been involved in an act of domestic violence.

Abusers often use psychological tactics or coercive control over their partners, such as making threats to prevent a victim from leaving or contacting friends, family or police. But even if these conditions are not met, an officer may still make an arrest or sign a criminal complaint if there is probable cause to believe acts of domestic violence have been committed. Now if there is no visible sign of injury but the victim states that an injury did, in fact, occur, the officer must take other factors into consideration in determining probable cause.

The City is committed to the safety of all individuals in its community, however, the City has a particular concern for those who are potentially vulnerable, including minor children. The City regards the abuse of children as abhorrent in all its forms and pledges to hold its officials, employees and volunteers to the highest standards of conduct in interacting with children.

The City is fully committed to protecting the health, safety and welfare of minors who interact with officials, employees, and volunteers of the City to the maximum extent possible. This Policy establishes the guidelines for officials, employees, and volunteers who set policy for the City or may work with or interact with individuals under 18 years of age, and those who supervise employees, and volunteers who may work or interact with individuals under 18 years of age, with the goal of promoting the safety and wellbeing of minors.

All officials, employees, and volunteers are responsible for understanding and complying with this policy.

Definitions:

• Authorized Adult – Individuals, age 18 or older, paid or unpaid, who interact with, supervise, chaperone, or otherwise oversee and/or interact with minors in program activities, recreational, and/or residential facilities. The Authorized Adults’ roles may include positions as counselors, chaperones, coaches, instructors, etc.

• Child or Minor – A person under the age of eighteen (18).

• Department Heads – Appointed department heads of the Employer, including the chief administrative officer, and any assistants.

• Direct Contact – Positions with the possibility of care, supervision, guidance or control of children or routine interaction with children.

• Dual Reporting – Reporting possible abuse to both the NJ Department of Children and Families and law enforcement at the same time by the individual designated by the Employer to report all possible cases of abuse.

• Employees, Staff, or Counselors – Persons working for the Employer on a full-time or part-time basis, and compensated by the Employer.

• Facilities – Facilities owned by, under the control of, or rented or leased to the Employer.

• Grooming – Is when someone builds a relationship, trust and emotional connection with a child or young person so they can manipulate, exploit and abuse them.

• NJMEL JIF – New Jersey Municipal Excess Liability Joint Insurance Fund.

• Officials – Elected officials of the Employer, appointed Board members, and Authority Commissioners.

• One-On-One Contact – Personal, unsupervised interaction between any Authorized Adult and a participant without at least one other Authorized Adult, parent or legal guardian being present.

• Programs – Programs and activities offered or sponsored by the Employer.

• Volunteers – Individuals volunteering their time to provide services to the Employer who are not on the payroll and receive no compensation.

Policy:

The City is charged with protecting the health, safety, and welfare of all its citizens, including children under the age of 18. To that end, the City is firmly committed to protecting children under the care and supervision of the City from all forms of physical, mental, sexual, and emotional abuse. The City is committed to establishing and implementing safeguards to eliminate opportunities for abuse of children entrusted to the care of the City. The procedures outlined below shall apply to all officials, employees, and volunteers of the City.

Recruitment and Hiring of Employees and Vetting of Individuals Volunteering Their Time:

i. All prospective employees and volunteers shall undergo a thorough and complete background check, including the following:

1. For part-time summer employees who will be interacting with minors, including, but not limited to, camp counselors, coaches, and instructors:

a. National Database Criminal History Search

b. National Sex Offender Search

c. Social Security Trace/Validation

2. For full-time employees in supervisory positions involving minors:

a. National Database Criminal History Search

b. National Sex Offender Search

c. Social Security Trace/Validation

d. Education Verification

e. Employment Verification

f. Credit Check

g. Motor Vehicle Record

h. Reference Check

The City will further attempt to verify any past employment for minors between 16 and 18 years of age, with the consent of the parents or guardians.

Written documentation of the background check shall be maintained by the City in perpetuity.

ii. Background checks that disclose any negative or questionable results must be reviewed and approved by the City prior to the individual being hired and/or working with minors. Provisional hiring should not be permitted.

iii. All prospective employees and volunteers must complete the training adopted by the City PRIOR TO starting employment or volunteer services. In addition to completing the training course adopted by the City, it is highly recommended that all volunteer coaches complete the Rutgers SAFETY Clinic course (Sports Awareness for Educating Today’s Youth), which is a three-hour program that meets the “Minimum Standards for Volunteer Coaches Safety Orientation and Training Skills Programs” under N.J.A.C. 5:52 and provides partial civil immunity protection to volunteer coaches under the “Little League Law” (2A:62A-6 et seq.). Documentation verifying that the coaches watched and understood their responsibilities must be kept to confirm that the training was completed.

iv. The City shall periodically re-check and document the Megan’s Law directory for New Jersey to make certain that current employees are not listed.

v. Once employed, Authorized Adults who are employed are required to notify the appropriate Human Resources representative of an arrest (charged with a misdemeanor or felony) or conviction for an offense within 72 hours of knowledge of the arrest or conviction in order to ascertain the fitness of those employees and volunteers to interact with children.

Procedures and Responsibilities of Officials:

Under New Jersey law, an official may be held liable for the abuse or neglect of a child if he or she fails to implement appropriate safeguards to protect the child while the minor has been entrusted to the care of the City. Most importantly, recent changes in the law in New Jersey extended the statute of limitations for child abuse and neglect cases substantially, thus placing local officials and employees at a far greater risk.

A valid cause of action can be filed by an alleged victim well after the official has left office. It is, therefore, critically important for officials to establish and monitor policies and procedures designed to safeguard minors entrusted to the care of the City.

• Officials of the City are required to:

i. Complete the initial training course adopted by the City, and any updated/refresher course, in order to better understand their legal duties and responsibilities under Federal and N.J. State Law. The training program will include the following concepts:

o Recognizing the signs of abuse and neglect of minors.

o Establishing guidelines for protecting minors from emotional and physical abuse and neglect.

o Understanding and being prepared to implement the procedures necessary to eliminate opportunities for abuse.

o Becoming familiar with the legal requirements to report suspected cases of abuse.

o Fully understanding the legal consequences for not being diligent in making certain that employees of the City adhere to all policies and procedures as adopted.

ii. Meet annually with all Department Heads to review the “Policy Addressing Sexual Abuse of Minors,” and to verify that the administration is adhering to this policy which includes all the following provisions. If the policy is not being adhered to, it is the legal obligation of the officials of the City to implement whatever changes are necessary as soon as possible to make certain the policy is followed.

iii. Conduct random and unannounced visits to program sites to observe the setup of the programs and conduct of the employees and volunteers of the City.

Program Procedures:

The following policies shall apply to all programs offered by, sponsored by, or affiliated with the City. As an essential element of compliance with the overall objective of protecting and addressing the safe treatment of minors, the City shall:

a. Establish a written procedure for the notification of the minor’s parent/legal guardian in case of an emergency, including medical or behavioral problems, natural disasters, or other significant program disruptions. Authorized Adults with the program, as well as participants and their parents/legal guardians, must be advised of this procedure in writing prior to the participation of the minors in the program. In addition, the City shall provide information to parents or legal guardians detailing the manner in which the participant can be contacted during the program.

b. Make certain that all program participants provide a Medical Treatment Authorization form annually to the City.

c. Implement and adopt a “Code of Conduct” for volunteer and paid staff members, which, at a minimum, will include the following:

Code of Conduct

• Staff members will, at all times, respect the rights of program participants and use positive techniques of guidance including positive reinforcement and encouragement.

• Staff members will portray a positive role model for youth by maintaining an attitude of respect, loyalty, patience, courtesy, tact, and maturity.

• Staff members shall not transport children in their own vehicles, unless written authorization from the child’s parent or guardian has been received.

• Members of the staff shall not be alone with children they meet in the programs outside of the camp.

This includes babysitting, sleepovers, and inviting children to their home.

• Staff members shall, at all times, be visible to other staff members while supervising minors. Any exceptions require a written explanation before the fact and approval of the Program Director.

• Staff members will appear neat, clean, and appropriately attired.

• Staff members will refrain from intimate displays of affection towards others in the presence of children, parents, and staff.

• Staff members are required to refrain from texting, and posting or checking any of the social media outlets while they are working or volunteering. The only exception is for texting for the purposes of communicating with another staff member or parent regarding a programmatic issue pertaining to a child.

• Staff members are prohibited from buying gifts for program participants.

In addition to the Code of Conduct, the following shall be a part of the specific program provisions:

• The possession or use of alcohol or other drugs, fireworks, guns, and other weapons is prohibited.

• The City shall set forth rules and procedures governing when and under what circumstances participants may leave the City’s property during the program.

• No violence, including sexual abuse or harassment, will be tolerated.

• Hazing of any kind is prohibited. Bullying, including verbal, physical, and cyberbullying is prohibited and will be addressed immediately.

• No theft of property will be tolerated.

• No use of tobacco products will be tolerated.

• Misuse or damage of the City’s property is prohibited. Charges will be assessed against those participants who are responsible for damage or misuse of property.

• The inappropriate use of cameras, imaging, and digital devices is prohibited, including the use of such devices in showers, restrooms, or other areas where privacy is expected by participants.

• Under no circumstances are any images of any child taken during any of the activities conducted or sponsored by the City to be shared on any social media platform without the expressed written consent of a parent or legal guardian.

• If possible, the City shall assign a staff member who is at least 21 years of age to be accessible to participants. Additional Authorized Adults will be assigned to ensure one-on-one contact with minors does not occur, and that appropriate levels of supervision are implemented.

• Take appropriate step to ensure that children are not released to anyone other than the authorized parent, guardian, or other adult authorized by the parent or guardian. This shall include annual written authorization on file in advance.

• Develop and make available to participants and their parents or guardians, the rules and discipline measures applicable to the program. Program participants and staff must abide by all regulations and may be removed from the program for non-compliance with the rules.

• The recommended ratio of counselors to program participants should reflect the gender distribution of the participants, and should meet the following:

1. One staff member for every six participants ages 4 and 5

2. One staff member for every eight participants ages 6 to 8

3. One staff member for every ten participants ages 9 to 14

4. One staff member for every twelve participants ages 15 to 17.

• The Responsibilities of the counselors must include, at a minimum, informing program participants about…