CC2025-18 BEER CONCESSION FOR MCPC.pdf

County of Mercer McDade Administration Building, 640 South Broad Street

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

REQUEST FOR PROPOSALS FOR CRAFT BREWERY CONCESSIONAIRE

FOR THE MERCER COUNTY PARK COMMISSION

To Be Received

July 18,2025 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

C. READ/COMPLY 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 July 18,2025 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:

CRAFT BREWERY CONCESSIONAIRE FOR THE MERCER COUNTY PARK COMMISSION

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 no 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 on the Mercer County Procurement website:

https://www.mercercounty.org/departments/purchasing/bidding-opportunities . 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 https://www.mercercounty.org/departments/purchasing/bidding-opportunities

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INTENT

The Mercer County Park Commission is seeking proposals from qualified craft brewery vendors to serve as beverage providers at public events at various County owned parks throughout Mercer County.

The term of the agreement shall be for a period of one (1) year with four (4) one (1) year options pursuant to N.J.S.A. 40A:11-15.

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

Commission Resolution 2025- 42.

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

Contracts Law. Each proposer must provide all the information 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: June 27,2025

ALL QUESTIONS BY: July 3,2025

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

PROPOSALS OPENED: July 18,2025 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.

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.

mailto:imaldonado@mercercounty.org

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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.

PROHIBITED RUSSIA-BELARUS ACTIVITIES & IRAN INVESTMENT ACTIVITIES

Pursuant to law, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a contract, for goods or services must complete the certification below prior to contract award to attest, under penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list or Chapter 25 list as a person or entity engaging in prohibited activities in Russia, Belarus or Iran. Before a contract for goods or services can be amended or extended, a person or entity must certify that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list.

THE WALL (WORKPLACE ACCOUNTABILITY IN LABOR LIST) N.J.S.A. 34:1A-1.16

Any business whose name appears on the WALL is prohibited from public contracting under N.J.S.A.

34:1A-1.16, the law establishing the WALL.

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

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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 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 21 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.

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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 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

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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 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.

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.

EXCEPTIONS TO REQUIREMENTS

Only written responses found in the addendum to the RFP will be binding. All written questions must be directed to the individual designated above.

NOTICE OF AWARD

The successful respondent will be notified of the award of contract upon a favorable decision by the governing body at which time the respondent shall be required to execute a Mercer County Park

Commission contract. The Purchasing Agent may then send a Purchase Order/Voucher to the contractor.

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

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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.

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 a longer period as may be agreed.

CRITERIA FOR EVALUATION OF PROPOSALS

The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not meant to imply order of importance in the selection process. All criteria will be used to select the successful respondent. This will be based on the quality of the content of the RFP and the respondent's ability to communicate a thorough understanding of the required tasks and the approach to meet the scope of work outlined in the RFP. The proposals will be evaluated for general compliance with instructions and requests issued in the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.

1.Understanding of the Requested Work (35) Points

The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.

Non-compliance with significant instructions shall be grounds for disqualification of proposals.

2.Knowledge and Technical Competence (25)

• Operational readiness and self-sufficiency

• Demonstrated ability to meet the permitting and insurance requirements.

3. Management, Experience and Personnel Qualifications (20) Points

• Experience vending at public or government-hosted events.

• Demonstrated experience in brewery operations and/or concession management

• References from previous clients or partners

4. Concept and Approach (20 points)

•Commitment to availability and flexibility across multiple County locations

•Competitive pricing and menu offerings

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INTENT:

The Mercer County Park Commission seeks qualified craft breweries to serve as beverage vendors at public events held in county‑owned parks across Mercer County. Vendors must provide locally brewed craft beer at affordable prices at events that currently have no contracted beverage services established.

The selected vendor will receive the right to operate in designated county‑owned parks across Mercer

County for the duration of the contract and will be expected to deliver high‑quality service at community engagement events. No rent or revenue‑sharing payments are required.

RESPONDENT REQUIREMENTS:

1. Local Craft Brewery Eligibility:

o Respondent must be based in and licensed in the State of New Jersey.

o Brewery must produce and serve its own craft beer products.

2. Permitting Capacity:

o Respondents must demonstrate the ability to secure and manage a minimum of 150 off-premise event permits, as required by the New Jersey Division of Alcoholic Beverage

Control (ABC).

o These permits must be eligible for use in County owned locations throughout Mercer

County.

3. Event Participation & Availability:

o Respondents must be willing and available to vend at events held in all Mercer County

Parks where concessions are not already established.

o One such example is the Music in the Park event series, held at South River Walk Park in

Trenton.

o Respondent may be called upon to participate in multiple events across the summer and fall seasons, as well as for pop-up or one-time public gatherings.

4. Operational Requirements:

o Respondent must be fully self-contained and provide all necessary operational equipment including, but not limited to:

▪ Refrigeration units or coolers

▪ Tents, tables, signage, and other event furniture

▪ Draft system (beer must be served from kegs) o Setup and breakdown must be managed by the vendor within event timelines.

o Respondents must only sell by the glass.

5. Licensing and Insurance:

o Respondents must possess and maintain all relevant state and local licenses to brew, transport, and sell alcoholic beverages.

o The respondent is responsible for securing any additional permits necessary for each event

(e.g., ABC permits).

o Respondents must provide proof of insurance coverage, naming the County of Mercer as co-insured in an amount of no less than $1million.

6. General Expectations:

o Respondents must operate in a professional manner and comply with all County and municipal rules and regulations.

o The respondent must provide friendly and knowledgeable staff. All staff must be TIPS certified.

o Respondent must maintain cleanliness and safety of the vending area throughout the event.

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QUALIFICATION STATEMENT

A qualification statement is to be provided by the respondent who will serve as the primary contractor.

The statement shall set forth brief details of the brewery's history and ability to provide the services outlined in this RFP.

Please attach sample menus and pricing to your qualification statement.

In addition, please provide (2) two references for whom similar services have been provided. Include the following in your response:

1. Name of government agency.

2. Contact person’s name, position, and current telephone number.

3. Dates and scope of service.

4. Status and comments

Key Personnel Information

The respondent shall provide the identity and the professional credentials of the supervisor/point of contact and other key personnel working for the contractor and their areas of responsibility.

Brewery Location

The proposal must list the location and address of the present, active brewery that will service and manage this contract.

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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 ADDENDA

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Dated Acknowledge Receipt

(initial)

No addenda were received

Acknowledged for: __________________________________________

(Name of Bidder)

By: _________________________________________

(Signature of Authorized Representative)

Name: ______________________________________

(Print or Type)

Title: ________________________________________

Date: ________________________________________

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EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE

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

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County and Division of Public Contracts Equal Employment Opportunity Compliance. During a review, Division representatives will review the County files to determine whether the affirmative action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor shall submit to the County, prior to execution of the contract, one of the following documents:

Goods and General Service Vendors

1. Letter of Federal Approval indicating that the vendor is under an existing Federally approved or sanctioned affirmative action program. A copy of the approval letter is to be provided by the vendor to the County and the Division. This approval letter is valid for one year from the date of issuance.

Do you have a federally-approved or sanctioned EEO/AA program? Yes No

If yes, please submit a photostatic copy of such approval.

2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with

N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the County as evidence of its compliance with the regulations. The Certificate represents the review and approval of the vendor’s

Employee Information Report, Form AA-302 by the Division. The period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to their expiration date in order to remain valid.

Do you have a State Certificate of Employee Information Report Approval? Yes No

If yes, please submit a photostatic copy of such approval.

3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to the

Division with $150.00 Fee and forward a copy of the Form to the County. Upon submission and review by the Division, this report shall constitute evidence of compliance with the regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.

The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the

Division website www.state.nj.us/treasury/contract_compliance.

The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal

Employment Opportunity Compliance, with a copy to Public Agency.

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

The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.

COMPANY: ____________________________ SIGNATURE: __________________________

PRINT NAME:__________________________TITLE: ____________________ DATE: __________________ http://www.state.nj.us/treasury/contract_compliance

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ATTACHMENT A

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) and

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

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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

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ATTACHMENT B

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 here under, 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.

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ATTACHMENT C

AMERICANS WITH DISABILITIES ACT OF 1990

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

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

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

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

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EXCERPTS FROM THE EEOC SEXUAL HARASSMENT GUIDELINES

PART 1604 -- GUIDELINES ON DISCRIMINATION BECAUSE OF SEX

1604.11 Sexual Harassment

(a) Harassment on the basis of sex is a violation of Sec. 703 of Title VII (of the Civil Rights

Act of 1964). Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,

(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

(b) In determining whether alleged conduct constitutes sexual harassment, The

Commission (EEOC) will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.

(c) Applying general Title VII principles, an employer, employment agency, joint apprenticeship committee or labor organization (hereinafter collectively referred to as

“employer”) is responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the employer and whether the employer knew or should have known of their occurrence. The Commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual in determining whether an individual acts in either a supervisory or agency capacity.

(d) With respect to conduct between fellow employees, employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can be show that it took immediate and appropriate corrective action.

(e) An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases the Commission will consider the extent of the employer’s control and any other legal responsibility, which the employer may have with respect to the conduct of such non-employees.

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PROOF OF NEW JERSEY BUSINESS REGISTRATION CERTIFICATE

Pursuant to N.J.S.A. 52:32-44, The County of Mercer (“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 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

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SAMPLES OF THE NEW JERSEY BUSINESS REGISTRATION CERTIFICATE ACCEPTABLE BY THE

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ADVISORY

Notice of Disclosure Requirement

“Pay to Play”

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

(N.J.S.A. 19:44A – 20.27)

Any business entity that has received…