CC2025-02- BOATHOUSE ON LAKE CONCESSIONAIRE.pdf

County of Mercer McDade Administration Building, 640 South Broad Street

P.O. Box 8068, Trenton, NJ 08650-0068

REQUEST FOR PROPOSAL FOR A CONCESSIONAIRE FOR THE BOATHOUSE

ON LAKE MERCER IN MERCER COUNTY PARK FOR THE MERCER COUNTY

PARK COMMISSION LOCATED AT 334 SOUTH POST ROAD, WEST WINDSOR,

NEW JERSEY 08550

To Be Received

January 23, 2025 at 11:30 A.M.

Prepared By:

Department of Purchasing

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COUNTY OF MERCER

PROPOSAL CHECKLIST

Please initial on the lines below for each document/section attesting to the fact that you have read and/or included the documents with your response .

Required

With

Bid

SUBMISSION REQUIREMENT ( IF CHECKED) Read, Signed

& Submitted

Respondent’s

Initial

A. FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR REJECTION OF RFP

Statement of Ownership

Acknowledgement of Receipt of Addenda

B. SUBMIT DOCUMENTS AT TIME OF RFP RESPONSE DUE DATE OR BY TIME PERIOD INDICATED

New Jersey Business Registration Certificate (Must be Submitted Prior to Contract Award)

Proposal Cost Form/Signature Page

Disclosure of Investment Activities in Iran Form (Must be Submitted Prior to Contract Award)

Certification of Non-Involvement in Prohibited Activities in Russia or Belarus (Must be

Submitted Prior to Contract Award)

Required Evidence EEO/Affirmative Action Regulations Certificate or Questionnaire- Submit Copy of State Certificate of Employee Information Report

Qualification Statement

Signed Insurance and Indemnification Requirements

C. Signed Continuity of Operation during Emergencies

Qualification Statement

Business Plan

Sample Menus

C. READ ONLY

Americans With Disabilities Act of 1990 Language

Sexual Harassment Guidelines

The following checklist is provided as assistance to the development of the RFP Response. It in no way supersedes or replaces the requirements of the RFP. Please initial on the lines below for each document/section attesting to the fact that you have read and/or included the documents with your RFP.

Name of Respondent: Date:

By Authorized Representative:

Signature:

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NOTICE OF RFP

The County of Mercer is soliciting proposals through the competitive contracting process in accordance with N.J.S.A. 40A:11-4.1, et seq.

Notice is hereby given that on January 23, 2025 at 11:30 A.M. (Prevailing time), electronically sealed bids will be opened and conducted in electronic platform in accord with N.J.A.C. 5:34-1 et. Seq., on BidNet

Direct at https://www.bidnetdirect.com/new-jersey/mercercounty at which time and place the sealed bids will be opened publicly and read via live-stream by the Purchasing Agent in the Mercer County

McDade Administration Building, 640 South Broad Street, Room 321 Third Floor, Trenton, New Jersey for:

CONCESSIONAIRE FOR THE BOATHOUSE ON LAKE MERCER IN MERCER COUNTY PARK FOR THE MERCER

COUNTY PARK COMMISSION LOCATED AT 334 SOUTH POST ROAD, WEST WINDSOR, NEW JERSEY 08550

SITE VISIT:

A site visit will be conducted on January 13,2025 from 10:00 A.M. to 12: 00 P.M. at the Boathouse located at the Mercer County Park. The site visit is not mandatory requirement.

NOTE:

It is the bidder’s responsibility to ensure that the proposal package is uploaded 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. Bid documents may be obtained from the bid platform BidNet Direct at https://www.bidnetdirect.com/new-jersey/mercercounty .

BID/RFP SUBMISSIONS:

Bids shall be electronically uploaded through the BidNet portal, no physical bids shall be received, opened or honored. Please contact BidNet for any questions or assistance with electronic bid submission

1800-835-4603 Option 2.

BID OPENING INFORMATION

Webinar link/password will be posted in a timely manner for the Live-Stream of opening a couple days before the bid opening date. During the bid opening process, the bidders will be announced as well as bid amounts. A bid review providing unit prices will not take place at the openings.

Any addenda will be issued on the BidNet website https://www.bidnetdirect.com/new-jersey/mercercounty and processed in accordance with N.J.S.A. 40A:11-23(c)(1). All interested bidders should check the website from now through bid opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to this procurement.

Respondents are required to comply with the requirements of N.J.S.A.10:5-31 et seq. and N.J.A.C. 17:27.

COUNTY OF MERCER, NEW JERSEY

Purchasing Department 609 989 6710 https://www.bidnetdirect.com/new-jersey/mercercounty

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CONCESSIONAIRE FOR THE BOATHOUSE ON LAKE MERCER IN MERCER COUNTY PARK FOR THE MERCER

COUNTY PARK COMMISSION LOCATED AT 334 SOUTH POST ROAD, WEST WINDSOR, NEW JERSEY 08550

INTENT

The Mercer County Park Commission is seeking proposals from qualified Licensees interested in operating the food, refreshment and catering concessions at the Boathouse located on Lake Mercer in Mercer

County Park located at 334 South Post Road, West Windsor, New Jersey 08550. The intent of this Request for Proposal (“RFP”) is to seek out and select one Licensee who will provide high quality food service and beverage at reasonable prices for banquets, special events, daily golfers and pool patrons with an emphasis on customer service. The term of the agreement shall be three (3) years commencing March 1, 2025 with either one two-year extension or two one-year extensions pursuant to N.J.S.A. 40A:11-15.

Competitive Contracting has been authorized by the Mercer County Park Commission through Resolution

PC2024-62 adopted December 18,2024.

The Park Commission shall accept or reject proposals in accordance with the New Jersey Local Public

Contracts Law. Each proposer must provide all information as requested to be considered and may be disqualified for failure to submit any required documentation.

ADMINISTRATIVE CONDITIONS AND REQUIREMENTS

The following items express the administrative conditions and requirements of the RFP. They will apply to the RFP process, the subsequent contract and the project’s production. Any proposed change, modification, or exception to these conditions and requirements may be the basis for the County of

Mercer to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an award of contract. The contents of the proposal of the successful respondent, as accepted by the

County of Mercer will become part of any contract awarded as a result of this RFP.

SCHEDULE

A schedule has been established for respondent proposals, proposal review, contractor selection, project initiation and completion. The following dates have been established:

RELEASE: January 2,2025

ALL QUESTIONS BY: January 9,2025

QUESTIONS RECEIVED AFTER THE DEADLINE WILL HAVE NO BEARING ON THE RFP

PROPOSALS OPENED: January 23, 2025 at 11:30 A.M.

COUNTY REPRESENTATIVE FOR THIS SOLICITATION

Please direct all questions in writing to:

Ms. Isamar Maldonado, QPA, RPPS

Purchasing Agent

Email: imaldonado@mercercounty.org

Voice: (609) 989-6710

Fax (609) 989-6733

INTERPRETATIONS AND ADDENDA

Respondents are expected to examine the RFP with care and observe all its requirements. All questions about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the owner’s representative in response to such comments and questions will be issued by Addenda which will be posted on the BidNet website link: https://www.bidnetdirect.com/new-jersey/mercercounty . Only comments and questions responded to by formal written Addenda will be binding. Oral interpretations, statements or clarifications are without legal effect. All questions must be received by the question deadline.

mailto:imaldonado@mercercounty.org

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STATUTORY AND OTHER REQUIREMENTS

COMPLIANCE WITH LAWS

Any contract entered into between the contractor and the owner must be in accordance with and subject to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must agree to comply with the non-discrimination provisions and all other laws and regulations applicable to the performance of services there under. The respondent shall sign and acknowledge such forms and certificates as may be required by this section.

MANDATORY AFFIRMATIVE ACTION COMPLIANCE

No firm may be issued a contract unless it complies with the Affirmative Action requirements of P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.

AMERICANS WITH DISABILITIES ACT OF 1990

Discrimination on the basis of disability in contracting for the delivery of services is prohibited.

Respondents are required to read American with Disabilities language that is part of the documents attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The contractor is obligated to comply with the Act and hold the owner harmless.

PAY TO PLAY

Starting in January, 2007, business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

RECORDS FOR THE NEW JERSEY STATE COMPTROLLER

Pursuant to N.J.S.A. 52:15C-14(d), relevant records of private vendors or other persons entering into contracts with the County are subject to audit or review by the New Jersey Office of the State

Comptroller. Therefore, the Contractor shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

PROMPT PAYMENT

In compliance with N.J.S.A. 2A:30A-1 et seq., the County of Mercer shall impose the following payment process: The County of Mercer shall pay the submitted bill not more than 30 calendar days after the receipt of the bill by the County if the vendor has performed in accordance with the contract and the work has been approved and certified by the County. The billing shall be deemed “approved” and

“certified” 20 calendar days after the owner receives it, unless the County provides, before the end of the

20-day period, a written statement of the amount withheld and the reason for withholding payment.

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors of Iran.

INSURANCE AND INDEMNIFICATION

If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the premises or property of the owner in order to construct, erect, inspect, make delivery or remove property hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property during the course of the work herein covered and his/her sole responsibility. The contractor further covenants and agrees to indemnify and save harmless the owner from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any owner regulation, ordinance or the laws of the State, or the United States while said work is in progress. The contractor shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability http://www.elec.state.nj.us/

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and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided.

MULTIPLE PROPOSALS NOT ACCEPTED

More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered.

FAILURE TO ENTER CONTRACT

Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10) days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another respondent.

COMMENCEMENT OF WORK

The contractor agrees to commence work after the date of award by the owner and upon notice from the using department.

BID PROHIBITED

It is understood by the Respondent that, if awarded a contract through the request for proposal process, the Prime Contractor and any Subcontractors utilized for these services are prohibited from bidding the resultant goods or services required to implement the project.

TERMINATION OF CONTRACT

A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the County shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the County of any obligation for balances to the contractor of any sum or sums set forth in the contract. County will pay only for goods and services accepted prior to termination.

B. Notwithstanding the above, the contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the contractor and the County may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the County from the contractor is determined.

C. The contractor agrees to indemnify and hold the County harmless from any liability to subcontractors or suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the County under this provision.

D .In case of default by the contractor, the County may procure the goods or services from other sources and hold the contractor responsible for any excess cost.

E. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the County reserves the right to cancel the contract.

F. ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC.

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new vendor will be required to submit all documentation/legal instruments that were required in the original bid/contract.

Any change shall be approved by the County.

G. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the County.

H. The County of Mercer reserves the right, at its option, to terminate this contract upon giving thirty (30) days written notice to the contractor. Such termination shall relieve the County of any obligation for

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balances to the contractor of any sum or sums set forth in the contract. County will pay only for goods and services accepted prior to termination.

CHALLENGE OF SPECIFICATIONS

Any respondent who wishes to challenge a specification shall file such challenge in writing with the

Purchasing Agent no less than three (3) business days prior to the opening of the RFP's. Challenges filed after that time shall be considered void and having no impact on the owner or the award of contract.

TRANSITIONAL PERIOD

In the event services are terminated by contract expiration or by voluntary termination by either the

Contractor or The County of Mercer, the Contractor shall continue all terms and conditions of said contract for a period not to exceed thirty (30) days at the County’s request.

PAYMENT

Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and the

Proposal Cost Form.

The owner may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following:

Deliverables not complying with the project specification;

Claims filed or responsible evidence indicating probability of filing claims;

A reasonable doubt that the Contract can be completed for the balance then unpaid.

When the above grounds are removed, payment shall be made for amounts withheld because of them.

COST LIABILITY AND ADDITIONAL COSTS

The County of Mercer assumes no responsibility and liability for costs incurred by the Respondents prior to the issuance of an agreement. The liability shall be limited to the terms and conditions of the contract.

Respondents will assume responsibility for all costs not stated in the proposals. All hourly rates either stated in the proposal or used as a basis for pricing are required to be all-inclusive. Additional charges, unless incurred for additional work performed by request of the County of Mercer, for indirect costs, fees, postage, licensing, commissions, taxes, travel, subsistence, report preparation, meetings, administrative tasks, administrative and clerical support, overhead, etc. are not to be billed and will not be paid.

OWNERSHIP OF MATERIAL

The County of Mercer shall retain all of its rights and interest in and to any and all documents and property both hard copy and digital furnished by the County of Mercer to the contractor, for the purpose of assisting the contractor in the performance of this contract. All such items shall be returned immediately to the County of Mercer at the expiration or termination of the work or completion of any related services, pursuant thereto, whichever comes first. None of such documents and/or property shall, without the written consent of the County of Mercer, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time in the performance of the resulting contract. Ownership of all data, materials and documentation originated and prepared for the County of Mercer pursuant to this contract shall belong exclusively to the County of Mercer. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the County of Mercer upon completion of the project. The contractor shall not have the right to use, sell or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the County of Mercer.

COMMENCEMENT OF WORK

The contractor agrees to commence work on the project within Thirty (30) calendar days from the date of award by the Mercer County Park Commission

GENERAL CONSIDERATIONS

Competitive Contracting is a formal procurement process governed by the New Jersey State Local

Public Contracts Law and Rules. The process utilizes an RFP containing thoroughly developed specifications and scope of services, criteria for evaluating proposals and statutorily required language

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and forms. Responses are ranked by a team, on the RFP criteria, using a detailed methodology leading to a recommendation to the governing body to award a contract based on price and other factors.

PROVIDING INFORMATION

Information will be made available at the County Office during regular business hours. The County shall provide access, within reason, and at no cost to the Contractor, to all information on file with the County and needed by the Contractor to complete the Project.

METHOD OF ACCOMPLISHMENT

The RFP responses shall contain a narrative description of the proposed approach to the project.

Restating of the RFP will be considered an unacceptable response. This section shall include a listing of the resources identified for use in the project.

PROJECT LEVEL OF EFFORT

The proposal shall include a project level of effort estimate based on, and corresponding to, the Scope of

Service provided in this RFP and the Respondents Method of Accomplishment section. The estimate shall contain a task-oriented schedule, which identifies milestones and their proposed initiation and completion dates.

CONTRACT AWARD

If awarded a contract, your company/firm shall be required to comply with the requirements of N.J.S.A

10:5-31 et seq. and N.J.S.A 17:27 et. seq.

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CONCESSIONAIRE FOR THE BOATHOUSE MARINA ON LAKE MERCER IN MERCER COUNTY PARK FOR THE

MERCER COUNTY PARK COMMISSION LOCATED AT 334 SOUTH POST ROAD, WEST WINDSOR, NEW JERSEY

08550

OVERVIEW

The Mercer County Park Commission headquarters is located at 197 Blackwell Road, Pennington, New Jersey.

The Boathouse is located in the Mercer County Park and is situated on the beautiful 365 acre Lake Mercer.

The Boathouse is a two-story structure with marina operations, snack bar and public restrooms on the first floor and a multiple room catering facility on the top floor. The catering facility includes the Lakeview Ballroom, a

4200 square foot ballroom which can accommodate 280 guests. The Alcove, a 730 square foot meeting/small party room can accommodate up to 45 guests. Completing the catering floor is a bridal suite, caterer’s office, storage room, and men’s/ladies’ bathrooms. A fully appointed 1250 square foot commercial catering kitchen is also located on the catering floor. All rooms including meeting/small party, ballroom, office, bridal suite and foyer furnished. The structure features a full length, partially covered elevated composite deck for outdoor functions.

An outdoor pavilion and gazebo on the peninsula can be made available with a reservation as it is not part of this RFP to the caterer for use. The outside area has a beautiful water view. The parking lots are paved and striped providing parking for park patrons as wells as two additional gated parking lots for catering facility banquet hall event use. The Marina boat rental operation and outside public restrooms are operated and maintained by the Mercer County Park Commission. The lower level snack bar concession is operated by a separate contract and is not a part of this RFP.

MERCER COUNTY PARK

Mercer County Park is one of the most successful and busiest parks in the state New Jersey.

Amenities in the park include:

▪ 15 Soccer/Lacrosse fields

▪ 7 Premier Basketball courts

▪ 7 Softball Fields

▪ 2 Baseball Fields

▪ 9-hole Frisbee Golf Course

▪ 5 Ultimate Frisbee Fields

▪ 26 outdoor and 6 indoor tennis courts

▪ 2 Cricket Pitches

▪ Kayak and Paddle Boat Rentals

▪ Guided Pontoon boat nature tours

▪ Ice Skating rink

▪ Festival grounds

▪ Performing Arts stage for summer concerts

The park hosts over 100 diverse events throughout the year including: Multiple soccer and lacrosse tournaments, Boys, Girls and Team High School Sate Tennis championships, USTA Tennis Tournaments, several major ethnic festivals, Mercer County Baseball and Softball leagues/championships, Colonial

Valley Conference Ice Hockey, and dozens of charity walks and runs. Specific to our marina is the largest

Triathlon in the state, Two Dragon Boat Festivals and several large rowing regattas’ including the NCAA

Women’s and Men’s National Championships along with the High School National Championships.

Boathouse Happy Hour Events throughout the summer season (Memorial Day to Labor Day) previously offered on Thursday evenings from 5pm to 8pm and included live music, food/drink specials. Are very popular and enjoyed by all. This event is encouraged and would be the responsibility of the awarded vendor.

The successful respondent is strongly encouraged to embrace these events and view them as business partnership opportunities that will enhance their operations.

FOOD, REFRESHMENT AND CATERING CONCESSION

The awarded Licensee will operate and maintain the food, refreshment and catering concession at The

Boathouse. Licensee will provide high quality fare at reasonable prices, all prices subject to the approval by the Evaluation Committee. The Licensee will furnish all labor and materials required to operate a

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professional catering facility. The Licensee will operate the concession in compliance with all applicable standards as required by State and Local Health Departments. The Licensee will manage the operation and serve patrons on a daily basis, seven days per week, 365 days per year as the schedule demands.

The term of the agreement shall be three (3) years commencing March 1, 2025 with either a one two-year extension or two one-year extension pursuant to provisions under N.J.S.A. 40A:11-15. at the Park

Commission’s option. The Park Commission may exercise the option to extend one year prior to the contract expiration date. The Licensee shall remit to the Park Commission, any event fees or retainer for reservation bookings beyond the contractual agreement. The Licensee will be required to be able to operate 7 days a week, 365 days per year as the schedule demands. The Licensee will work closely with the designee of the Mercer County Park Commission to submit daily, weekly and monthly schedules. All schedules must be submitted in writing and approved by appointed designee to ensure compliance to this contract as well as service to the patrons. The awarded Licensee must abide by all Federal, state, county and municipal rules and regulations as well as those established by the Mercer County Park

Commission.

All employees hired by the Licensee shall be the responsibility of the Licensee and shall be tip and trained certified. The Mercer County Park Commission and Mercer County will not be held accountable for any actions related to the employees of the licensee. The Licensee shall have adequate staff to serve all patrons in a courteous and professional manner.

SPECIAL ANNUAL CONCESSIONAIRE PERMIT

LAW AND PUBLIC SAFETY

DIVISION OF ALCOHOLIC BEVERAGE CONTROL

DIVISION OF ALCOHOLIC BEVERAGE CONTROL RULES

N.J.A.C. 13:2

This agreement requires the issuance of a “Special Concessionaire Permit”. The sale of alcoholic beverages in any public building belonging to, or under the control of the State or any political subdivision except the National Guard, requires the issuance of a “Special Concessionaire Permit” by the

Director of the DIVISION OF ALCOHOLIC BEVERAGE CONTROL. This annual permit is issued to a private

Licensee who has a contract with a unit of government to provide services to the public. The permit, for example, is issued to a Licensee to provide alcoholic beverages for consumption on the premises such as the Meadowlands, state college pubs, municipally owned golf courses, marinas or similar facilities.

(N.J.S.A. 33:1-42; N.J.A.C. 13:2-5.2.) The fee for the permit is $2,000 annually. (Permit Application enclosed.)

EXCEPTIONS

The Licensee shall have exclusive catering rights to all catering at the facility with exception to special events and government functions. Special menu pricing shall be provided, county room reservation fee shall be waived upon request by the Executive Director of the Park Commission.

SAMPLE MENU

The Licensee must submit sample menus and pricing reflecting breakfast, lunch, dinner, special functions.

The Park Commission requests submittal of food presentation photos. The Mercer County Park Commission may require a tasting in the selection process. Any modification of hours or menu pricing must be submitted to the Park Commission for approval.

EVENT BOOKINGS

There is a patron booking fee for each event held at the Boathouse Marina. This fee will be collected by the caterer during the event application process and then paid to the MCPC on a monthly basis showing a detailed breakdown of patron name, event type and date. The Licensee shall remit to the Park

Commission any event fees or retainer for reservation bookings beyond the contractual agreement. The

Reservation Fee for the (COVE meeting room) per event all days will be $125.00 (resident), $175

(nonresident). The Reservation Fee for the (LAKEVIEW ballroom) per event Monday through Thursday will be $175.00 (resident), $200 (nonresident) and $250.00 (resident), $275 (nonresident) for any event held

Friday through Sunday.

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FURNISHINGS

The MCPC will provide tables and chairs for 280 patrons in the LAKEVIEW ballroom room and 45 patrons in the ALCOVE party room. The MCPC will provide furnishings for the catering office and bridal suite. All additional furnishing/items required for the catering operation are the sole responsibility of the Licensee including but not limited to linens, tableware, glassware, decorations, set-up etc. These items are subject to approval by the Executive Director of the Mercer County

Park Commissioner.

DEATH/INCAPACITATION

If the Licensee is a sole proprietor who dies or becomes incapacitated during the term of this contract, or a limited liability company whose managing member dies or become incapacitated during the term of this agreement or is a corporation of which the majority shareholder dies or become incapacitated during the term of this agreement, the contract may, at the discretion of the Park Commission terminate upon 30 days written notice to the Licensee.

UTILITIES

The Mercer County Park Commission will pay for all utilities including gas, cable, electric and water at each location.

EQUIPMENT/FIRE/ELECTRICAL/SAFETY

The Boathouse Marina has a fully operational 1,250 square foot commercial cooking kitchen.

Licensee will accept the equipment “as is” and at its sole cost and expense. Licensee shall maintain all Mercer County Park Commission-owned equipment required for the proper operation of the facility. Equipment shall comply with all applicable fire, electrical and safety codes. All equipment must meet or exceed the municipalities department of health regulations and must be of commercial quality. The successful Licensee will provide the Park Commission with a list of all Licensees owned equipment to be utilized at the facility. Inspection and acceptance of

Licensees equipment is subject to approval by the Executive Director of the Mercer County Park

Commission.

GENERAL REQUREMENTS

Licensee shall furnish and install point of sale system to allow the Mercer County Park Commission to have access for reporting purposes. The kitchen, ballroom, Cove room, rest rooms and patio area, shall be kept in a professionally clean condition at all times. Licensee shall clean and maintain all ventilation systems vents monthly.

PERMITTING

The Licensee is responsible for securing and maintaining a Retail Food Establishment Permit as well as kitchen hood Suppression system annual certifications and all other required permits through the

Township of West Windsor. The Mercer County Park Commission shall receive a copy of all such permits.

PEST CONTROL

Adequate monthly pest control treatment must be provided by the Licensee at both locations and the

Mercer County Park Commission shall receive a copy of any and all paid invoices.

OFFICE EQUIPMENT/COMMUNICATIONS/AV EQUIPMENT

The Licensee will install and pay for all office equipment including, but not limited to, telephones, computers, fax machines, copiers etc. and all associated monthly fees. In addition, the Licensee will also be responsible for all telephone lines, internet connections and fax lines associated with operating the food concession. Licensee shall maintain and make repairs to all AV equipment including drop down screens and video projection systems located in the Lakeside Ballroom and Cove room.

MAINTENANCE

The Licensee will be responsible for the repair and maintenance of all Mercer County Park Commission owned equipment during the term of the license. Licensee will accept all buildings and their equipment

“as is” in their present existing condition. The Licensee shall, at its own expense and upkeep, make such

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repairs or improvements necessary to maintain Mercer County Park Commission owned buildings and areas occupied for the purpose of operating the concession and shall be responsible for the daily maintenance and upkeep. Licensee shall keep the hood system free and clean of grease and shall have the entire hood and duct system cleaned bi-annually. Also, the Licensee will be responsible for monthly cleaning of the grease traps with reports kept on site and submitted to the Township of West Windsor

Heath Dept. Licensee shall be responsible to make all necessary repairs to the hood and exhaust fan and annual fire certification of the entire kitchen suppression system. Licensee will be responsible for cleaning of the restrooms and common areas. Licensee shall not make alterations, additions, or improvements to either facility without prior written consent of the Executive Director. All alterations, additions, and improvements, whether temporary or permanent in character, shall at all times be deemed to be the property of the Mercer County Park Commission and shall remain upon the premises at the termination of the agreement. Licensee will not be responsible for maintenance or repairs to the roofs, exterior walls, electric, building HVAC (excluding kitchen suppression system and exhaust fans this is responsibility of the awarded vendor) or plumbing.

EXPERIENCE

MINIMUM QUALIFICATIONS OF PROPOSERS

Five (5) years’ experience as an owner and operator of a food concession business or a restaurant is a minimum qualification and must be documented. Operating a snack bar and turn window at a busy golf course a plus. A business resume must be submitted showing all related professional experience.

Included should be a list of three (3) business, credit, and purveyor references.

FINANCIAL STATEMENT

The Licensee must provide three (3) years of financial statements, preferably audited, and must show the financial capability to undertake this contract.

MONTHLY REPORTING

The Licensee will provide to the Park Commission designee monthly event spreadsheets reflecting the type of event, name and address of patron, number of guests and total monies collected for each event. All daily register receipts from each Grill Room must be presented with the monthly report. The

Mercer County Park Commission reserves the right to inspect the facility and financial records at any time during the contract period.

HOURS AND DAYS OF OPERATION

The hours of operation for the new Boathouse Marina shall be determined by the Mercer County

Park Commission and the awarded Licensee. All times and dates are subject to change.

TERMINATION

In the event that the Park Commission deems the Licensee to be in default in the performance of any term, condition or covenant of the agreement, the Park Commission may terminate the agreement upon thirty (30) days written notice to the Licensee, subject however, to the Licensee's ability to cure the default complained of within that thirty (30) day period. In the event that the Licensee does not cure the default within that thirty (30) day period, the contract shall terminate and the Park Commission may pursue all remedies at law.

PROPOSED RENT STRUCTURE

YEAR 1 - MARCH 1, 2025 THRU FEBRUARY 28, 2026 - $12,500/MONTH

YEAR 2 - MARCH 1, 2026 THRU FEBRUARY 28, 2027 - $13,000/MONTH

YEAR 3 - MARCH 1, 2027 THRU FEBRUARY 28, 2028 - $13,500/MONTH

YEAR 4 - (OPTION) MARCH 1, 2028 THRU FEBRUARY 28, 2029 - $14,000/MONTH

YEAR 5 - (OPTION) MARCH 1, 2029 THRU FEBRUARY 28, 2030 - $14,500/MONTH

COST LIABILITY

The proposer shall bear all costs associated with submitting the proposal, including proposal preparation, site visitation, or any travel connected with submission of the proposal. The Mercer County Park

Commission shall have no liability whatsoever for such costs.

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ORAL PRESENTATION

Proposers who submit a proposal in response to the RFP may be required to give an oral presentation to the Evaluation Committee. This will provide an opportunity for the proposer to clarify or elaborate on the written proposal.

USE OF SPECIAL IMPRINTED PRODUCTS

Licensee may be required to use paper products imprinted with the logo of the Mercer County Park

Commission at the expense of the Licensee.

CONTRACT AND TERM

After selection of the successful proposer, a formal written license agreement, with specifications, will be prepared by the Mercer County Park Commission and will not be binding or in force until signed by an authorized representative and approved by the Mercer County Park Commission. The term of the license shall be three years commencing March 1, 2025 with either a one two-year extension or two one-year extensions at the Park Commission’s option. The Park Commission will exercise an option to extend one year prior to the contract expiration date. The Licensee shall remit to the Park Commission any event fees or retainer for reservation bookings beyond the contractual agreement.

INDEMNIFICATION

The proposer, if successful, accepts and agrees that it shall provide an indemnification in substantially the following form: The Licensee agrees to indemnify and hold harmless and defend the Mercer County Park

Commission and the County of Mercer, its officials, employees, and agents from and on account of any and all suits, actions, or claims for injuries, losses, damages, liabilities, costs, or expenses, of any kind whatsoever, arising from the Licensee's and/or its employees', agents' and servants', negligence and/or it's breach of its obligations under the agreement.

RECORDS & AUDITS

The Licensee shall keep the books of accounts and records of all operations and establish a system of bookkeeping and accounts in a manner considered to be generally acceptable accounting principles, according to the American Institute of Certified Public Accountants, and shall permit inspection of said books and records by the Park Commission as often as deemed necessary including tax reports, Federal and State tax returns, banking records, sales records, cash receipts journals, and other financial records.

All such books and records shall be retained and preserved by the Licensee for a period of thirty-six (36) months after the end of the License Year to which they relate and shall be subject to inspection and audit by the Mercer County Park Commission and its agents at the County facility upon reasonable advance notice to the Licensee.

The Licensee shall be obliged to disclose the location of all its books and records pertaining to the operation of its License with the Mercer County Park Commission. The Mercer County Park Commission shall have the right to have its auditors make a special audit of all such books and records of the

Licensee pertaining to all income generated from Licensee’s operation of the Licensed Premises, wherever located, and whenever deemed necessary. The Licensee shall submit at the end of each fiscal year a certified, audited annual report, or as required a profit and loss statement of operations under the terms of the contractual agreement, in a form considered to be generally acceptable accounting principles according to the American Institute of Certified Public Accounts and satisfactory to the Mercer

County Park Commission. Such report is to be prepared by a Certified Public Accountant at the

Licensee’s sole cost and expense. The Licensee will furnish and install a point of sale system, which must be approved by the Mercer County Park Commission, to allow the Mercer County Park Commission to have remote access to reports.

SECURITY DEPOSIT

Licensee will, at or before the execution of the resulting agreement, furnish to the Mercer County Park

Commission a security deposit in the form of cash in the amount of $10,000.00 held in escrow for the term of the contract. The security deposit is due upon signing of the license agreement as security for faithful performance of the Licensee's obligations there under.

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SITE VISIT:

A site visit will be conducted on January 13,2025 from 10:00 A.M. to 12: 00 P.M. at the Boathouse. A site visit is not a mandatory requirement, but is strongly recommended. Failure to attend does not relieve the respondent of any obligations or requirements. Any questions on the site visit please reach out to Jeremy

McDermott at Jmcdermott@mercercounty.org

ASSIGNMENT

Licensee shall not assign or subcontract any portion of the contract without the express written consent of the Mercer County Park Commission.

INDEPENDENT LICENSEE

Licensee and its employees will operate as independent contractors and are not considered to be Mercer County Park Commission employees, and as such Licensee is responsible for payment of any and all federal, state and/or local taxes, if any, for itself and its employees.

SIGNAGE

Licensee shall not place any sign or advertisement without the prior consent of the Executive Director of the Mercer County Park Commission.

METHOD OF PAYMENT

The Licensee will pay the annual license fee in twelve installments due on the first day of the month. Late fees shall be assessed in the amount of 1% beyond 5 days; 5% beyond 10 days, 10% beyond 15 days;

beyond 15 days, the contract may be terminated by the Park Commission.

EXCLUSIVE RIGHTS

Licensee shall have the exclusive right to sell food and beverages.

FORCE MAJEURE

The Mercer County Park Commission shall not be deemed in breach of any contract, which may result from this proposal submission if it is prevented from performing any of the obligations hereunder by reason of acts of God, acts of the public enemy, acts of superior governmental authority, strikes or labor disputes, floods, riots, rebellion, sabotage, or any other similar circumstance not within its reasonable control.

PROPOSAL EVALUATION

An Evaluation Committee will review all proposals. Proposers who submit a proposal in response to this

RFP may be required to give an oral presentation to explain the proposal to the Evaluation Committee.

This will provide an opportunity for the proposer to clarify or elaborate on the proposal. The Executive

Director of the Mercer County Park Commission will schedule the time and location of these presentations. The Evaluation Committee will present its findings and recommendations to the Mercer

County Park Commission.

EVALUATION CRITERIA

The following criteria, not necessarily listed in order of importance, will be used to evaluate proposals.

These criteria are general in nature and may be used to develop a more detailed evaluation work sheet.

The Mercer County Park Commission reserves the right to weigh its evaluation criteria.

REVENUES

• Evaluation of the proposer’s fee submission.

FINANCIAL CAPACITY

• Respondent’s financial history and the ability of the proposer to finance, develop, operate and maintain the concession.

EXPERIENCE AND BUSINESS PLAN

• Ability of proposer to market the facility.

• A determination that the proposer has submitted a complete and responsive proposal as required by all sections, terms, and conditions of the RFP.

• Evaluation of professional qualifications and experience in full service catering.

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• An evaluation of the proposers projected approach and plans to meet the requirements of the

RFP.

PRESENTATION, MENU, DIVERSITY OF MEALS, FOOD QUALITY AND REPUTATION

• Quality and value of menu and pricing.

NOTICE OF AWARD

The Successful Respondent will be notified of the award of contract upon a favorable decision by the

Mercer County Park Commission.

PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE

RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal date.

The County will either award the Contract within the applicable time period or reject all proposals. The

County may extend the decision to award or reject all proposals beyond the sixty (60) calendar days when the proposals of any Respondents who consent thereto may, at the request of the County, be held for consideration for such longer period as may be agreed.

ALL PROCUREMENT REQUIREMENTS IN ACCORDANCE WITH NEW JERSEY LOCAL PUBLIC CONTRACTS LAW

BUSINESS PLAN

The business plan is a comprehensive description of the planned mode of operation and use of the premises with an emphasis on customer service and cash controls. This plan must include, but not limited to, the following:

• The proposers plan for operating the facilities and accomplishing the requirements, as set forth in this RFP.

• Complete information on the on-site manager, who will manage each operation on a daily basis.

• A list of key personnel to be assigned to each location and their function, including a description of their personal qualifications and personal background. Detailed resumes for all management personnel assigned to the operation, showing their experience, must be submitted.

• Documentation which clearly shows the proposers experience in operating similar facilities.

• Organizational chart.

• Cash and inventory control procedures.

• Estimated gross revenue for each year of the license.

• Estimated operating costs for each year of the license.

• A complete listing of all menu items including prices for each location.

• Maintenance program including pest control, fire suppression system and grease removal at each location.

• Training programs including customer service, food preparation and handling, and the responsible serving of alcohol.

FINANCIAL INFORMATION

The proposer must provide a copy of financial statements (preferably audited) for the past three (3) years.

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PRIOR EXPERIENCE AND REFERENCES

Provide prior experience, business and credit references and provide proof of insurance. Minimum qualifications are five (5) years of experience as an owner and operator of a business or similar operation.

Three (3) business, three (3) credit and (3) purveyor references must also be provided and a good faith

Letter of Intent must be provided as evidence that insurance negotiations have been initiated and are in progress.

FEE PROPOSAL

This section shall contain the fee the proposer agrees to pay to the Mercer County Park Commission for the license to operate the food, refreshment and catering concession at each location.

INSURANCE PROVISIONS

The Mercer County Park Commission and the County of Mercer shall be named as insured on all policies obtained by the Licensee and Certificates of Insurance shall be furnished to the Mercer County Park

Commission. General Liability, Liquor Liability, Worker's Compensation, Employer's Liability and

Automobile Liability insurance shall be provided by the Licensee in amounts listed below. All insurance coverage shall be in amounts and in form acceptable to the Mercer County Park Commission.

Prior to commencing work, the Licensee shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New Jersey, carrying a Best’s financial rating of A or better, and shall provide evidence of such insurance to the Mercer County Park Commission. If at any time any of the policies required herein shall be or become unsatisfactory to the Park Commission, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory, the

Licensee shall upon notice to that effect from the Mercer County Park Commission, promptly obtain a new policy.

The Licensee shall provide proof of the following coverage naming the Mercer County Park Commission and the County of Mercer as additional insured:

• Statutory Workers’ Compensation

• Employer’s Liability with minimum limit of $100,000.

• General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or a combined single limit of $2,000,000.

• This insurance shall indicate on the certificate of insurance the following coverage:

Premises – Operations, Broad Form Contractual and Products and Completed Operations, Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of $1,000,000 per occurrence for property damage or a combined single limit of $2,000,000. This insurance shall include bodily injury and property damage, owned automobiles, hired automobiles and non-owned automobiles

• Liquor Liability Insurance with a minimum limit of liability per occurrence of $2,000,000.

All policies and certificates of insurance of the Licensee shall contain the following clause: Insurers shall have no right of subrogation against the County of Mercer and its employees (N.J.S.A. 59:9-2).

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Immigration and Naturalization Laws and Criminal Background Check

(REQUIRED)

Vendors must comply with all Immigration and Naturalization Laws as are currently in force on each potential employee to work under this contract on County of Mercer.

The County requires a background check; the vendor must contact the New Jersey

State Police to perform a Criminal Background Check on each potential employee to work under this contract on County of Mercer property. A copy of the results of the

Criminal Background Check must be provided to the Mercer County Park Commission at least ten (10) days prior to an employee being permitted access to County of Mercer property. The County of Mercer will notify the vendor if a proposed vendor employee will not be permitted to work under this contract within ten (10) work days following receipt of the results. If the County of Mercer does not notify the vendor of such exclusion within ten (10) days the vendor may assign said employee to work under the contract.

The vendor must provide the results of a Criminal Background Check on its employees working under the contract on County of Mercer property every twelve (12) months.

Please access the following website for Instructions For Obtaining a Criminal History

Record: http://www.state.nj.us/lps/njsp/about/serv_chrc.html http://www.state.nj.us/lps/njsp/about/serv_chrc.html

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ACKNOWLEDGMENT OF RECEIPT OF…