Point Beach Looking for Beachfront Concession/Bathhouse Operator

If you want to run an oceanfront concession stand and bathhouse, you have only a few weeks to make your best offer.

Point Beach is looking for a new tenant to operate a concession stand and bath house at the south end of the boardwalk.

The concession stand/bathhouse is the property the town purchased from Risden's and is on Ocean Ave, at the foot of New Jersey Avenue, said Point Beach Administrator Christine Riehl.

"The town had a three year lease with 'I'm a Local Cafe,' which expired in October, 2011, so we are re-bidding the lease," Riehl said in an email last week. "They have the opportunity to re-bid along with anyone else who may choose to bid, and the Borough will select the best option for us."

Bid proposals are due at 2 p.m. Feb. 24. Questions about the bid specifications have to be submitted in writing by Feb. 17.

The municipality's bid specifications are as follows:

Request For Proposals for Operation of Concession Stand and Bath House

SECTION ONE: INTRODUCTION AND GENERAL INFORMATION

1.1. Introduction

 The Borough of Point Pleasant Beach is soliciting proposals in order to identify individuals and/or businesses qualified to operate, staff and manage facilities consisting of both a bath house with 148 lockers and a concession for food and drinks, located on the Borough’s property.  This RFP is designed for those interested in creating a contract relationship to lease the Borough-owned bath house (“Bath House”) and food concession (“Concession”, and together with the Bath House, “Facilities”).  The Facilities are located at 1000-1002 Ocean Avenue, consisting of Block 45, Lots 4 and 5.  The facilities consist of a Bath House that is approximately 3,772 SF (+/-) and the Concession that is approximately 2,095 SF (+/-). The area is also paved with asphalt and contains approximately 47 (+/-) parking spaces the operation of which is not included in this RFP. The Property Records from the Tax Assessor are attached hereto and made a part hereof as Exhibit B.  A Survey of the Facilities is also attached hereto and made a part hereof as Exhibit C.

 The selected operator will be required to operate and manage both the Bath House and Concession, according to the terms and conditions as outlined in a lease agreement (“Lease”) between the Borough and the operator. The Lease shall run from the date of the award and shall include the 2012, 2013 and 2014 summer seasons terminating on October 15, 2014.   The selected operator must execute the attached Lease and return it to the Borough within fourteen (14) days of the award of the Bathhouse and Concession operations proposal.

 The operator of the Facilities shall procure and maintain, at its sole cost and expense during the duration of the Lease, the following insurance requirements:  

 Tenant at its own cost and expense, throughout the term of this Lease shall maintain general public liability insurance, including coverage against claims for personal injury, death, or property damage attributable to the operation of the Premises or occurring upon, in or about the Premises, or in or about the adjoining streets, sidewalks, parking areas and passageways, such insurance to afford minimum protection to the limit of not less than One Million Dollars ($1,000,000.00) in respect to any one person, and to the limit of not less than One Million Dollars ($1,000,000.00) in respect to property damage with aggregate annual payment limits of not less than Three Million Dollars ($3,000,000.00) per annum. 

Tenant shall name Landlord as an additional insured under such policy and will provide for at least ten (10) days written notice to the Borough before cancellation or non-renewal.

 It is the intention of this RFP and the Mayor and Borough Council to actively pursue an experienced individual and/or business to submit qualifications for the operation of the Bath House and Concession. 

The operator shall have the sole responsibility to finance or purchase, as well as install, all necessary or desirable tenant improvements not already installed or existing at the Facilities.

The operator shall be responsible for obtaining any and all applicable licenses, including but not limited to, any mercantile licenses, a certificate of occupancy, and any licenses and/or permits as required by the State and/or any governmental agency.  The operator shall be responsible for maintaining and operating the Concession and the Bath House, including all 148 lockers.

 The respondents will have an opportunity for a pre-proposal inspection of the Facilities during January of 2012 on a minimum of two (2) dates to be determined.  The Facilities will be available upon execution of the Lease.  Subject to the Borough’s approval, it will be the responsibility of the operator to install fixtures and make necessary tenant improvements.

The operator will be responsible for the maintenance, repair and care of all equipment provided by the Borough and the repair and replacement of equipment, reasonable wear and tear excepted.  The operator will also be responsible to provide for its own garbage pickup, daily cleaning, pest control and maintenance services.

 1.2. Description

 The Borough anticipates that the Boardwalk, Beach, parking lots, and concession area will be major attractions during the spring, summer and early fall seasons. 

The operator will be responsible for any materials deemed necessary to operate a Bath House.  It will be the responsibility of the operator to pay for utility services, including sewer, water and electricity in addition to completing interior finishes, and installing new equipment where necessary. 

Any equipment provided by the Borough will be included in the monthly rental rate and will remain the property of the Borough, and shall be maintained in proper working condition by Tenant throughout the Lease term.

 1.2.1. Bath House Area

 The Bath House is intended for lockers, restrooms, men and women’s showers and changing.  The area is approximately 3,772 SF, in size and is located on boardwalk fronting property.

 1.2.2. Concession Area

 The Concession area consists of a dining area with limited kitchen facilities, it is approximately 2,095 SF (+/-).

 1.3. Bath House and Concession Operations

 Bath House and Concession operations are key components to the overall character of the Beach and Boardwalk area.  The selected respondent will be required to satisfy the following conditions as a part of the Bath House and Concession operations:

 Personnel

The operator will be responsible for hiring the necessary personnel to conduct the daily operation of the Bath House, including, but not limited to, the daily rental of lockers and use of the Bath House by daily and seasonal renters.

The operator will comply with all federal, state, environmental regulations and/or other applicable requirements, and local laws related to minimum wage, social security, nondiscrimination, ADA, unemployment and workers’ compensation.

 Operating Hours

Hours of operation may vary based upon seasons and weather. However, minimum required business days of operation are anticipated to be approximately from 7:30 a.m. to 5:30 p.m. from Memorial Day Weekend and 7 days a week from June 15th through Labor Day Weekend for the Bath House and 7:30 a.m. to 10:00 p.m. 7 days a week during the same dates for the Concession.

 Daily Use of Lockers/Bath House

The operator of the Facilities is expected to maintain and operate the Bath House, and the rental and use of the lockers and Bath House amenities, subject to all rules and regulations promulgated by the Borough of Point Pleasant Beach.

The operator shall be responsible for maintaining renting all lockers on a daily or seasonal basis.  The operator will be responsible for providing any materials deemed necessary to successfully operate a Bath House, including, but not limited to, towels, toilet paper and any other hygienic products.

Menu Items

The operator is expected to serve quality food and drinks to meet the needs of the visiting public at the Concession area as provided for in the lease attached. 

 1.4. Qualifications

 To ensure a high quality level of operation for the Facilities, respondents must demonstrate minimum experience and qualifications.  Applicants must provide evidence of the following:

• Experience in successfully operating and managing a similar type of building and business.
• Fiscal solvency and capacity to complete necessary tenant improvements.
• Demonstrated track record of being an equal opportunity employer.
• Must not be currently indebted to the federal government, State of New Jersey, or the Borough of Point Pleasant Beach for non-payment of  taxes, dues, judgments, liens or fees.

SECTION TWO: REQUEST FOR PROPOSALS PROCESS

 2.1. Availability and Completeness of RFP Documents

 The RFP document and any appended documents are available from:

 Bath House & Concession Operations

Borough of Point Pleasant Beach

416 New Jersey Avenue

Point Pleasant Beach, NJ 08742

Attn:  Borough Administrator

 2.2. Submission of Responses: Time and Place

 Responses shall be submitted on or before 2:00 p.m. prevailing time on February 24, 2012 and shall include a $500.00 (Five Hundred Dollars) deposit.

  The deposit will be returned to the lessee after a successful end of season inspection.  The deposit may not be returned if cleaning and/or maintenance services are required.  The minimum proposal shall be no less than $25,000.00 per season. 

The bid proposal for the second and third season shall be no less than for the first season.

Responses shall be enclosed in a sealed envelope, marked with the name and address of the respondent, and shall be directed to:  

 Bath House & Concession Operations

Borough of Point Pleasant Beach

416 New Jersey Avenue

Point Pleasant Beach, NJ 08742

Attn:  Borough Administrator

 The following conditions apply to this submission:

 One (1) original and one (1) copy  of the Response shall be submitted and received BY HAND DELIVERY, BY CERTIFIED MAIL (RETURN RECEIPT REQUESTED) OR BY OVERNIGHT MAIL on or prior to the above-referenced date and time.

• Proposals or proposal components will not be accepted via facsimile transmission.
• Proposals must be signed, in ink, by an individual duly authorized to bind the respondent and must be sealed and labeled on the cover with the RFP title and respondent’s name.
• The Borough reserves the right, at its sole discretion, to reject and return, without evaluation, any proposal received after the proposal submission time and date, whether it is delivered by mail or otherwise.

All Responses will be date and time-stamped by the Borough Administrator upon receipt, but will remain unopened until the time and date established for the Response opening.  Any Response or portions thereof received after the specified deadline will be rejected.

 The delivery of the Response on or before the date and time specified herein is solely and strictly the responsibility of the respondent.  The Borough of Point Pleasant Beach shall not under any circumstances be responsible for the loss, delay, or non-delivery of any Response that is mailed or delivered, by United States Postal Service or otherwise, to the Borough of Point Pleasant Beach.

 The RFP has been made available only for the purpose of soliciting Responses related to the operator of a bath house as generally described in this RFP.  No license or grant is conferred or implied to the respondent or to any other person for any purpose.  

 2.3. Submission Requirements

 All responses must be submitted complete and in conformance with the instructions set forth herein and as may be required by subsequent addenda, if any.  The Response and all related information must be bound (except for the required single unbound copy) and must be signed and acknowledged by the respondent in accordance with the directions herein.

 2.3.1.  Completeness

 In all cases, the Mayor and Borough Council reserve the right to determine, in its sole discretion, whether a Response or any part hereof meets or fails to meet the submission requirements of the RFP.  The Mayor and Borough Council further reserve the right to reject any Response or any part thereof that, in its sole judgment, does not comply with the submission guidelines set forth in this RFP.   In addition, notwithstanding any other provision(s) hereof the Mayor and Borough Council reserve the right to waive any informality in the Response.

 2.3.2. Number of Copies

 One (1) copy of the Response must be clearly marked as the original and must contain the original documents.  The remaining one (1) copy may be a reproduction.   Respondents shall number each set of documents sequentially (numbers 1-10) with number 1 being on the original on the upper right hand corner of each cover.

 2.4. Questions/Clarifications Request 

 Questions pertaining to the RFP should be directed in writing, preferable via mail, and received no later than February 17, 2012 to:

 Bath House & Concession Operations

Borough of Point Pleasant Beach

416 New Jersey Avenue

Point Pleasant Beach, NJ 08742

Attn:  Borough Administrator

2.5. Cost of Preparation 

Each Response and all information required pursuant to the RFP shall be prepared and provided at the sole cost and expense of the respondent.  No claims whatsoever shall be made against the Borough, its staff, or its consultants for reimbursement for the payment of costs or expenses incurred in the preparation of the response in any way to the RFP.

2.6. Familiarity with Operation Requirements

It is the responsibility of each respondent before submitting a Response to:

(a) examine the RFP thoroughly;

(b) become familiar with and consider all federal, state and local laws, regulations, ordinances, permits, approvals and orders that may affect the cost or performance of the Services; and

(c) inspect the facility and fully inform itself of any material or relevant factors, including supplying utility services, equipment or fixtures, and any legal, economic, sociological or regulatory factors or circumstances  relative to its proposal including, but not limited to, compliance with any and all ADA requirements; and

(d) notify the Borough of Point Pleasant Beach of all conflicts, errors or discrepancies in the RFP, or any other factors it deems material to its proposal or to the operation of the facility.

Before submitting a Response each respondent, at its own expense, shall make or request or obtain any additional inspections and obtain any additional data and information that may affect its cost, progress, performance or furnishings regarding the operation of the Facilities that the respondent deems necessary to prepare its Response. 

The failure or omission of the respondent to receive and examine any form, instrument or document, or to make required inquiries, shall not relieve the respondent from any obligations and responsibilities relating to the operation of the Facilities.

The submission of a Response will constitute a conclusive and binding representation by respondent that respondent has agreed to, and complied with, every requirement of the RFP.  Each Response shall include a Letter of Intent, fully executed by the respondent’s principals.   [Each Response shall also include a completed Form of Lease, an example of which is attached as Exhibit A].

2.7. Disclosure of Information

 If the respondent chooses to include material of a proprietary nature in the Response, the Borough of Point Pleasant Beach will exercise reasonable efforts to keep such material confidential to the extent permitted by applicable law.

However, the Borough of Point Pleasant Beach assumes no liability for any loss, damage, or injury that may result from any disclosure or use of marked data or any disclosure of this or other information, and respondent’s response to this RFP will be deemed to be acknowledgment and acceptance of the Borough’s position on liability.

2.8. Withdrawal

A respondent may withdraw its Response prior to the date and time set for the opening of the responses provided that a written request to withdraw the Response is hand delivered to The Borough of Point Pleasant Beach, by or on behalf of a representative of the respondent, or the request is delivered by certified United States Mail.  A request to withdraw a Response must be received prior to the time the first Response is opened.

2.9. Response, Acceptance or Rejection

The Mayor and Borough Council reserve the right to (a) abandon this RFP process; (b) reject any and or all responses; and (c) waive any informality or non-conformance in any Response.

2.10. Required Elements of Proposal

Responses submitted in response to the RFP shall consist of the following:

Section I: General Information (pursuant to Section 2.11.2)

Section II: Preliminary Financial Qualifications (pursuant to Section 2.11.3);

Section III: Preliminary Qualifications for the Operation of the Facilities (pursuant to Section 2.11.4);

 2.10.1.       Executive Summary, Letter of Intent, Acknowledgment of Addenda

Section I of the Responses shall contain the respondent’s Executive Summary, Letter of Intent and Acknowledgment of Addenda (on the respondent’s letterhead).

The Executive Summary shall include a summary of all key points of the Response.

2.10.2. General Information

Section II of the Response shall contain the following information set forth in the following order:

A. The name, address and telephone number of the respondent’s primary business office.   

B. Key Personnel – Provide resumes of all key personnel, and any other information that would describe the strength and depth of your anticipated operation of the Facilities.

C. Optional (if known at this time) – Whether the respondent intends to joint venture or partner with any other company or firm or other entity in the submission of a Response.  If so, identify such joint venture or partner and provide for each the same information as required of the respondent in Paragraphs A and B above.

Describe in narrative form the proposed contractual relationship and responsibilities, written or otherwise, of each of the firms or companies that will be participating.

D. In connection with the above, please provide:

(1) Complete identification of all principals or officers of any entities, firms, arrangements, associates, joint ventures, partnerships, or involvements described above.

(2) Complete identification of all principals holding ten percent (10%) or more of net equity and all officers of all firms or entities so named; and

(3) Complete list of all criminal charges, or civil environmental complaints, administrative proceedings brought against any of those entities, firms or persons that have been involved in any way with the respondent as identified in the foregoing answers, and the disposition of all such criminal charges and/or civil environmental complaints, if any.

(4) List any bankruptcy involving the principal, partner, member of anyone involved in the within proposal.

(5) Prior instance of disqualification from public bidding. 

2.10.3. Financial Qualifications

 Respondents shall provide the following information in Section II of the Response:

A. A summary of the amount and source of investment capital anticipated to be available for the successful operation of the Facilities.

B.   Provide information that will support the financial stability of respondent’s firm.

C.   An audited financial statement (or a financial statement prepared by a certified public accountant) from the last full year of operation of a similar facility.

D.   Disclose any negative information deemed material under generally accepted accounting practices and any history of bankruptcy, insolvency, receivership, or similar declaration or status determination of the respondent.

E.   Disclose any indebtedness to the federal government, State of New Jersey, or the Borough of Point Pleasant Beach for non-payment of taxes, fines, judgments, liens, or fees.

2.10.4. Qualifications & Proposed Operation of Facilities

Respondents to the RFP shall demonstrate, through the submission of any material they deem appropriate, their ability to undertake the operation of the Bath House.   At a minimum, the respondent shall provide the following information:

A.   Summary of Related Operations

Respondent(s) shall include a description of any food concession, bath house and/or building operations, with emphasis on those similar to the proposed for the Facilities.  For each operation, respondent(s) shall provide the following:

• Description of each business operated in terms of use, size of facility, cost, location and other pertinent factors. 
• Description of respondent’s role and responsibilities in operating the facility.

B.    References

Identify two (2) references, person or businesses that have first hand knowledge of the respondent’s ability to successfully operate and maintain a high-quality business or operation. 

C.            Proposed Operation

This section shall also contain any and all information regarding the operation of the Facilities, including but not limited to the following;

A.   Description of proposed operation of the Facilities.

B.   A sample menu, together with a list of merchandise that may be available for rent and/or sale.

C.   A description of the anticipated hours and days of business operations for the Bath House and Concession.

D.   A detailed description, including proposed prices, of any other services and/or goods and/or materials intended to be provided at the Facilities.

E.   A description of any of the operator’s exceptions to the RFP and/or any proposed business strategies and/or conditions for the operation of the Facilities.

SECTION THREE: RESPONSE EVALUATION AND PROCUREMENT

3.1. Evaluation Criteria

Generally, the Mayor and Borough Council will review qualified respondents giving due regard to past experience, the proposed operation of the Bath House and Concession, as well as financial strength and other qualifications which, in the sole discretion of the Mayor and Borough Council, are relevant.

Notwithstanding anything else stated herein, the Mayor and Borough Council reserve the right to abandon this RFP process, select or reject a respondent on any basis it deems appropriate, or to waive, supplement or amend any term or requirement set forth in this RFP.

The Borough may designate or consult with another agency, group, consultant, individual, or public body to act at any time during the term of this procurement process in its place or on its behalf, consistent with applicable law.

The Borough also has the right to accept the Response that in the Mayor and Borough Council’s sole judgment, best serves the interests of the Borough of Point Pleasant Beach, the residents of the Borough of Point Pleasant Beach and the region.

By responding to the RFP, the respondent consents to any conditions relative to the submission and review of its Response, and waives all claims regarding same. 

The issuance of the RFP is not intended to, and shall not be construed to, commit the Borough or any other individual, consultant or entity to any obligation related hereto.  The Mayor and Borough Council reserve to itself all exclusive rights set forth herein.

3.1.1.            Qualification/Previous Experience with Similar Business Enterprises.           

• Strength and experience of the respondent and its key staff; and
• Previous experience and success with similar facility operations and/or business enterprises.

3.1.2.                   Strength and Preliminary Financial Plan

• Financial strength of the respondent;
• Feasibility of achieving the goals of this RFP;
• Potential economic benefits to the local community;
• Potential financial and economic success of the concession based on selection and prices; and
• Estimated cost to operate, manage, maintain and supply and products and/or services for the Bath House and Concession.

            3.2.                        Conditions.

By responding to the RFP, the respondent acknowledges and consents to the following conditions relative to the submission, review and consideration of its Response:

• The issuance of the RFP is not intended to, and shall not be constructed to, commit the Borough or any other individual, consultant or entity to any obligation related hereto, including, but not limited to, the execution of any Agreement.
• The Mayor and Borough Council reserve to itself all exclusive rights set forth herein.
• Neither the Borough, its staff, nor any of its consultants or agents will be liable for any claims or damages resulting from the solicitation or collection of Responses, nor will there by any reimbursement to respondents for the cost of preparing the Responses or for participating in the RFP process.
• All Responses will become the property of the Borough and will not be removed.
• By submitted a Response to this RFP, the respondent accepts and consents to the procurement process selected and implemented by the Borough and the respondent waives any and all claims to same.
• The Borough shall make reasonable efforts to keep information of a confidential or propriety nature confidential during and after the procurement process to the extent permitted by law when such information is clearly, explicitly and properly identified by the respondents.  To the extent possible under applicable law, the Borough shall use reasonable efforts to confidentially maintain financial information regarding respondent.
• All activities related to the operation, and maintenance of the Facilities as contained herein shall be subject to compliance with all applicable Federal, State and local laws, environmental regulations and/or other applicable requirements.
• Failure of any respondent to submit a Response that completely addresses the requirements of this RFP (including submittal of part of such Response of all documents required to be submitted under the terms of this RFP) at the times and in the manner specified in this RFP, may result in the rejection of the Response at the sole discretion of the Mayor and Borough Council.
• All documentation and information provided by the Borough in connection with this RFP and the attachments hereto are believed to be accurate and correct; however, the Borough makes no guarantees as to the accuracy of the information provided.  By participating in this process every respondent agrees to and acknowledges its obligation and ability to perform whatever due diligence is necessary to inform itself fully as to any relevant or material information, or lack thereof, if available in making a Response.  Respondents are instructed to notify the Borough of Point Pleasant Beach in writing of any material information and/or lack of material information provided or omitted with respect to this solicitation and the Facilities that it believes is not accurate and/or correct.

3.3. Rights of the Borough.

The Mayor and Borough Council reserve, holds, and may exercise, at its sole discretion, the following rights and options with regard to the RFP process:

3.3.1. To reject, for any reason, any and all Responses and components thereof and to eliminate any and all respondents responding to the RFP from further consideration for this procurement.

3.3.2. To eliminate any respondents that submit incomplete, inadequate Responses or whose Response is not responsive, including failure to submit the application fee set forth herein.

3.3.3. To reject all Responses or any non-responsive Responses, at its sole discretion.

3.3.4. To supplement, amend, or otherwise modify the RFP.

3.3.5. To waive any technical or other non-conformance of the Responses whether material or otherwise.

3.3.6. To change or alter the schedule for any events called for in the Anticipated Procurement Schedule set forth in Section 3.2.

3.3.7. To conduct investigations of any or all of the respondents and their Responses as the Borough deems necessary or convenient; to clarify the information provided as part of the Response, including discussions with contact persons or prior clients, regulatory agencies and visits to any facilities or projects referenced  in its Response, and to request additional information to support the information included in any Response.

3.3.8. To decline to select any respondent for any purpose.

3.3.9. To decline to award any agreement for any purpose.

3.3.10. To abandon this procurement process at the Borough’s convenience at any time, for any reason.

3.3.11. To accept the Responses that in the Mayor and Borough Council’s sole judgment, best serves the interest of the Borough of Point Pleasant Beach, the residents of the Borough of Point Pleasant Beach and the region in general.

3.3.12. To designate or consult with another agency, group, consultant, individual, or public body to act at any time during the term of this procurement process in its place on its behalf, consistent with applicable law.

3.3.13. To award any agreement, subject to final adoption of all necessary authorizations.

3.3.14. To interview any and all or none of the respondents, its references and/or clients at the Mayor and Borough Council’s sole discretion.

SECTION 4. GENERAL REQUIREMENTS.

4.1. In the event Bidder is a corporation or partnership, it shall submit to the governing body, prior to the time of the receipt of the bids or accompanying the bid, a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock or an interest equivalent for the same in accordance with P.L. 1977, c.33.

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

4.3. Bidders are required to be registered with the State of New Jersey and provide a ABusiness Registration Certificate@ issued by the New Jersey Department of Taxation, Division of Revenue.

4.4. Each bidder must complete and submit with its bid a Non-Collusion Affidavit and Affirmative Action Statement.

4.5. Contact Mary Ann Ellsworth, Clerk for any additional information, telephone number 732-892-1118.

SECTION 5. BIDDING DOCUMENTS.

5.1.       BIDDING DOCUMENTS CHECKLIST

____  5.2. Statement of Bidder’s qualifications, experience and financial ability.

____  5.3. Stockholder Statement of Ownership.

____  5.4. Non-Collusion Affidavit.

____  5.5. Proposal.

____________________________ _______________________

Name of Firm or Individual Title

_____________________________ _______________________

Signature