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Executive Summary
The Borough of Red Bank is soliciting bids for a Concession License for riverfront food service push-cart operations. The concession will operate within designated areas of public park properties along the riverfront, including Maple Cove, Riverside Gardens Park, and Marine Park. The term of the concession license is from May 15, 2026 to September 30, 2026, with an option to extend for an additional season from May 15, 2027 to September 30, 2027. A minimum bid of $1,000.00 per year is required, along with a deposit of $1,000.00 by certified check, bank check or cash. The deposit will be a credit toward the Concession Annual Fee in favor of the successful bidder. No security deposit is required.
Web Content
Meetings Portal Home Bid Postings Print Sign up to receive a text message or email when new bids are added! Print Bid Title: CONCESSION LICENSE FOR RIVERFRONT FOOD SERVICE PUSH-CART WITHIN THE BOROUGH OF RED BANK Category: Bid-RFP-RFQ Opportunities Status: Open Description: CONCESSION LICENSE FOR RIVERFRONT FOOD SERVICE PUSH-CART WITHIN THE BOROUGH OF RED BANK The Mayor and Council have determined that certain areas on the riverfront are not needed for public use and are not otherwise dedicated or restricted pursuant to law. The Mayor and Council of the Borough of Red Bank have authorized and directed the Borough Clerk to advertise for bids to award a Concession License upon certain Borough property, as described hereinbelow, pursuant to N.J.S.A. 40A:11-4.1, upon the following terms and conditions: Use of public park properties located along the riverfront, including Maple Cove, Riverside Gardens Park, and Marine Park, in such areas as designated by the Borough (the “Concession Premises”), for the sale of beverages and food from a commercial-grade push cart, which said push-cart design is subject to approval of the Borough of Red Bank. Publication Date/Time: 4/1/2026 11:00 AM Closing Date/Time: 4/15/2026 11:00 AM Submittal Information: Municipal Clerk (see instructions) Contact Person: Clerks Office Attn: Mary Moss 90 Monmouth Street Red Bank, NJ 07701 732-530-2740 Fee: $1,000 Business Hours: 9:00 AM - 4:00 PM Qualifications: Each proposal is subject to the following requirements, together with all terms and conditions of the Borough’s Concession License Agreement for the above-described concession area: 1. The Concession License shall be awarded to the highest bidder that submits a sealed bid on or before 11:00AM on Wednesday, April 15, 2026 to the Borough Clerk’s Office, 90 Monmouth Street, Red Bank, New Jersey 07701. 2. The term of said Concession License is May 15, 2026 to September 30, 2026, with an option to extend for an additional season from May 15, 2027 to September 30, 2027 upon the same terms and conditions. 3. The minimum bid that may be accepted by the Borough of Red Bank for the Concession License is $1,000.00 per year. No Security Deposit is required. 4. All bidders must submit to the Borough Clerk, with their sealed bid, a deposit in the amount of One Thousand Dollars ($1,000.00) by certified check, bank check or cash. The deposit will be a credit toward the Concession Annual Fee in favor of the successful bidder and returned to any non-successful bidder within thirty (30) days of the bid award. 5. The balance of the first year’s Annual Fee shall be paid by cash or certified check within fourteen (14) days of the execution of Concession License Agreement by Concessionaire and the Borough. 6. Within (7) days after adoption of a Resolution by the Borough awarding the Concession License, the Concessionaire must execute the Concession License Agreement on file in the Municipal Clerk’s Office located at 90 Monmouth Street, Red Bank, NJ 07701 and available for review Monday through Friday between the hours of 9:00 a.m. and 4:00 p.m. 7. All bidders should inspect the Concession License Agreement and the Concession Premises prior to bidding insofar as the terms of the Concession License Agreement are incorporated herein. All successful bidders must execute the Other Contract Documents appended to the Concession License Agreement as Exhibit C. 8. The successful bidder must provide proof of insurance to the Borough for liability in the amounts of: (a) $1,000,000.00 for injuries to one person; (b) $1,000,000.00 for any one accident; (c) $50,000.00 for property damage; and (d) Workers' Compensation/Disability Insurance with the limits of liability as required by New Jersey law, in order to provide adequate protection for the Borough, its representative employees and others lawfully on the Concession Premises, against all liabilities, damages and accidents. The Concessionaire shall maintain such insurance in force during the term of the Concession License. The Concessionaire shall name the Borough as an additional insured under the said policy, and said policy shall provide for at least ten (10) days advance notice to the Borough before cancellation or non-renewal thereof. 9. The Borough reserves the right to reject the highest bid, and to reject any and all bids and waive any minor non-material defects as be in the best interests of the Borough. Related Documents: Notice to Bidder - Push Cart Resolution No 26-58 Concession License Agreement (Riverfront Push-Cart) Concession License - Other Required Contract Documents (Exhibit C) Return To Main Bid Postings Page Live Edit
Document Text
--- Document: Notice to Bidder - Push Cart ---
BOROUGH OF RED BANK
NOTICE TO BIDDERS
CONCESSION LICENSE FOR RIVERFRONT FOOD SERVICE PUSH-CART
WITHIN THE BOROUGH OF RED BANK
The Mayor and Council have determined that certain areas on the riverfront are not
needed for public use and are not otherwise dedicated or restricted pursuant to law.
The Mayor and Council of the Borough of Red Bank have authorized and directed the
Borough Clerk to advertise for bids to award a Concession License upon certain Borough
property, as described hereinbelow, pursuant to N.J.S.A. 40A:11-4.1, upon the following
terms and conditions:
Use of public park properties located along the riverfront, including Maple Cove,
Riverside Gardens Park, and Marine Park, in such areas as designated by the
Borough (the “Concession Premises”), for the sale of beverages and food from a
commercial-grade push cart, which said push-cart design is subject to approval of
the Borough of Red Bank.
Each proposal is subject to the following requirements, together with all terms and
conditions of the Borough’s Concession License Agreement for the above-described
concession area:
1. The Concession License shall be awarded to the highest bidder that submits a
sealed bid on or before 11:00AM on Wednesday, April 15, 2026 to the Borough
Clerk’s Office, 90 Monmouth Street, Red Bank, New Jersey 07701.
2. The term of said Concession License is May 15, 2026 to September 30, 2026,
with an option to extend for an additional season from May 15, 2027 to
September 30, 2027 upon the same terms and conditions.
3. The minimum bid that may be accepted by the Borough of Red Bank for the
Concession License is $1,000.00 per year. No Security Deposit is required.
4. All bidders must submit to the Borough Clerk, with their sealed bid, a deposit in
the amount of One Thousand Dollars ($1,000.00) by certified check, bank check
or cash. The deposit will be a credit toward the Concession Annual Fee in favor
of the successful bidder and returned to any non-successful bidder within thirty
(30) days of the bid award.
5. The balance of the first year’s Annual Fee shall be paid by cash or certified
check within fourteen (14) days of the execution of Concession License
Agreement by Concessionaire and the Borough.
6. Within (7) days after adoption of a Resolution by the Borough awarding the
Concession License, the Concessionaire must execute the Concession License
Agreement on file in the Municipal Clerk’s Office located at 90 Monmouth Street,
Red Bank, NJ 07701 and available for review Monday through Friday between
the hours of 9:00 a.m. and 4:00 p.m.
7. All bidders should inspect the Concession License Agreement and the
Concession Premises prior to bidding insofar as the terms of the Concession
License Agreement are incorporated herein. All successful bidders must
execute the Other Contract Documents appended to the Concession License
Agreement as Exhibit C.
8. The successful bidder must provide proof of insurance to the Borough for liability
in the amounts of: (a) $1,000,000.00 for injuries to one person; (b)
$1,000,000.00 for any one accident; (c) $50,000.00 for property damage; and
(d) Workers' Compensation/Disability Insurance with the limits of liability as
required by New Jersey law, in order to provide adequate protection for the
Borough, its representative employees and others lawfully on the Concession
Premises, against all liabilities, damages and accidents. The Concessionaire
shall maintain such insurance in force during the term of the Concession
License. The Concessionaire shall name the Borough as an additional insured
under the said policy, and said policy shall provide for at least ten (10) days
advance notice to the Borough before cancellation or non-renewal thereof.
9. The Borough reserves the right to reject the highest bid, and to reject any and
all bids and waive any minor non-material defects as be in the best interests of
the Borough.
April 1, 2026
BOROUGH OF RED BANK
Mary Moss, RMC
Municipal Clerk
--- Document: Resolution No 26-58 ---
BOROUGH OF RED BANK
COUNTY OF MONMOUTH
RESOLUTION NO. 26-58
RESOLUTION AUTHORIZING THE SOLICITATION OF BIDS FOR A
CONCESSION LICENSE FOR A FOOD SERVICE PUSH-CART AT
THE BOROUGH'S RIVERFRONT PUBLIC PARKS
WHEREAS, the Borough of Red Bank (the "Borough") owns and maintains certain public
parks along its riverfront, including Maple Cove, Riverside Gardens Park, and Marine Park; and
WHEREAS, the Borough finds that the provision of food service at the riverfront,
especially with the soon-to-open new Marine Park is in the best interests of residents and visitors
to the Borough; and
WHEREAS, the Borough Attorney has opined that the procurement of a concession in the
form of a food service pushcart upon the public grounds is authorized by and in accordance with
the New Jersey Local Public Contracts Law; and
WHEREAS, the Borough determined that proposals for said concession will be solicited
upon the terms and conditions set forth in the Borough's duly advertised Notices and Concession
License Agreement, which shall include, but not be limited to, the following:
(1) Description: Use of public park properties located along the riverfront, including Maple
Cove, Riverside Gardens Park, and Marine Park, in such areas as designated by the
Borough (the "Concession Premises"), for the sale of beverages and food from a
commercial-grade push cart, which said push-cart design is subject to approval of the
Borough of Red Bank.
(2) Duration: The advertised term of the Concession License Agreement shall be from May
15, 2026 to September 30, 2026, with an option to extend for an additional season from
May 15, 2027 to September 30, 2027 upon the same terms and conditions.
(3) Value: The Concession License Agreement shall require an Annual Fee of at least
$1,000.00.
(4) Costs Anticipated: The Borough is not expected to incur any costs for the concession.
(5) Procurement: The Concession License Agreement shall be advertised and proposals
received in the same form as a public bid. The Concession License Agreement shall be
awarded based upon the most advantageous annual fees and other factors considered.
NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of Red
Bank, County of Monmouth, State of New Jersey hereby authorize the advertisement for receipt
of sealed proposals for a concession upon public park properties located along the riverfront,
including Maple Cove, Riverside Gardens Park, and Marine Park for the sale of beverages and
food from a commercial-grade push cart, which said push-cart design is subject to approval of the
Borough of Red Bank; and
BE IT FURTHER RESOLVED that the specific terms and conditions for such advertisement
and receipt of sealed proposals shall be as set forth in the Notice to Bidders and proposed
Concession License Agreement duly advertised by the Borough; and
BE IT FURTHER RESOLVED that prospective bidders shall be required to submit a
compliant, sealed proposal on or before April 3, 2026.
Borough Council
Councilmember Bonatakis
Councilmember Facey-Blackwood
Councilmember Forest
Councilmember Jannone
Councilmember Yuro
Deputy Mayor Triggiano
Mayor Portman
ON CONSENT AGENDA
Moved Seconded Ayes
Abstain Nays
Absent
X
X
X
X
X
X
X
X
X
Yes Π
No
I, the undersigned Borough Clerk of the Borough of Red Bank, in the County of Monmouth, State of New
Jersey (the "Borough") hereby certify that the foregoing is a true and correct copy of a resolution duly
adopted by the Borough Council of said Borough at its meeting held on February 26, 2026.
Mary Moss, RMC
Municipal Clerk
--- Document: Concession License Agreement (Riverfront Push-Cart) ---
CONCESSION LICENSE AGREEMENT
THIS CONCESSION LICENSE AGREEMENT (this “Agreement”) is entered into on
this ______ day of ____________________________, 20____, between:
BOROUGH OF RED BANK, a municipal corporation of the State of New Jersey,
whose address is 90 Monmouth Street, Red Bank, New Jersey 07701 (hereinafter,
referred to as the “Borough”);
AND:
,
whose address is
(hereinafter, referred to as the “Concessionaire”).
WHEREAS, the Borough advertised for receipt of bids for a Concession License for the
use of public park properties located along the riverfront, including Maple Cove, Riverside
Gardens Park, and Marine Park, in such areas as designated by the Borough (the “Concession
Premises”), for the sale of beverages and food from a commercial-grade push cart, which said
push-cart design is subject to approval of the Borough; and
WHEREAS, the Concessionaire submitted the highest responsible bid in response to the
Borough’s Notice to Bidders, which Notice is attached hereto as Exhibit A; and
WHEREAS, the Concessionaire acknowledges and agrees that the Concessionaire is
familiar with the Concession Premises, as well as the Concessionaire’s designated area(s)
thereupon and the Concessionaire’s permitted business activities thereat, as described in the
Borough’s Notice to Bidders, Resolution of Award, and this Agreement;
NOW, THEREFORE, IT IS AGREED between the Borough and the Concessionaire
that they do hereby enter into this Agreement for Concession Rights at the Concession Premises
under the terms and conditions set forth as follows:
1.
Integration. All provisions contained herein, together with the Notice to Bidders
(Exhibit A hereto), the Resolution awarding this Concession License (Exhibit B hereto), and the
Other Required Contract Documents (Exhibit C hereto) are each hereby incorporated into this
Agreement by reference and made a part hereof and shall have the same force and effect as if set
forth specifically and at length herein. The documents referenced in this paragraph 1, along with
this Agreement, are hereinafter referred to collectively as the “Contract Documents”.
2.
Description of Transaction. The Borough grants a revocable Concession License
to the Concessionaire to occupy and operate a concession at the Concession Premises, as described
in the Contract Documents. The term of said Concession License shall be May 15, 2026 to
September 30, 2026, with an option to extend for an additional season from May 15, 2027 to
September 30, 2027 upon the same terms and conditions. The Concessionaire shall provide written
notice of the exercise of said option to extend this License on or before December 31, 2026.
3.
Concession License Annual Fees. This Agreement shall be executed by the
Concessionaire within seven (7) days following approval of the Resolution attached hereto as
Exhibit B. The Concessionaire shall pay to the Borough an Annual License Fee during the term
of this Agreement as follows:
Concession License Annual Fee
$
(Established by Winning Bid)
Payment by the Concessionaire of the Concession License Annual Fee, as established by the
Concessionaire’s winning bid, shall be made by cash or certified funds to the Borough within
fourteen (14) days of the execution of this Agreement by the Concessionaire and the Borough. If
this License is extended by the Concessionaire pursuant to paragraph 2, then the Concessionaire
shall pay the second Annual Fee on or before January 31, 2027. The Concessionaire shall maintain
sales records of its operations and shall permit Borough to inspect same upon reasonable notice.
4.
Concession Premises & Concession Operation.
A.
Maintenance. The Concessionaire will be exclusively responsible to provide and
maintain a commercial-grade push-cart upon the Concession Premises and it is the
Concessionaire’s obligation to maintain the push-cart and the Concession Premises in good and
presentable condition. The Concessionaire will be responsible for all concession property and
equipment, including, but not limited to all signage, equipment, furnishings, and attachments. The
Concessionaire shall either remove the push-cart from the Concession Premises at night, or arrange
suitable storage arrangements with the Borough.
B.
Equipment. The Concessionaire shall furnish and install any necessary equipment
for the concession at the Concessionaire’s own cost and expense. The Concessionaire shall be
responsible for the maintenance and repair of any equipment subject to this Agreement.
C.
Utilities. No utilities shall be provided to the Concessionaire under this License.
D.
Garbage. The Concessionaire agrees to keep the immediate area of its operations
clean at all times, and will not permit garbage, waste or debris of any kind or nature to remain in
or about the Concession Premises. The Concessionaire agrees to handle and dispose of all garbage,
waste and debris from its operations in accordance with the regulations established by the Borough
from time to time and to police the entire area to keep same free and clear of any and all garbage,
waste or debris that may have been or was generated as a result of the Concessionaire’s operations.
E.
Hours of Operation. The Concessionaire shall be open and operating the described
concession every day during all hours which are regular and customary for such business. The
Concessionaire may determine not to operate its concession due to inclement weather.
F. Use of Property. The Concession Premises is to be used solely as set forth in this
Agreement and the Contract Documents and shall be subject to the terms and conditions contained
therein. The Concessionaire shall be generally permitted to locate its concession area at a location
of its choosing within the Concession Premises. The Borough shall be permitted to direct the
Concessionaire to relocate the concession, in its discretion, for whatever reason, except that said
relocation shall not unreasonably frustrate the operation of said concession. The Concessionaire
and the Concessionaire’s agents, representatives, servants, or employees, shall use only that
portion specifically described herein, and not any other part of the riverfront, parking lots, or
surrounding private properties, for the Concessionaire’s business operations. The Concessionaire
agrees not to block any access, entrance or exit to the public grounds, nor encumber or obstruct
nor allow the same to be obstructed or encumbered in any manner. The Concessionaire hereby
expressly agrees not to interfere with the rights of the public or any person or persons lawfully
using the public grounds and rights-of-way. The Concessionaire understands that the area
described or established is and shall be subject to the rights and use of the general public, and of
the Concessionaire, during non-operating hours and the Concessionaire shall in no way interfere
with such rights or use. The Concessionaire agrees that, on any question as to the use of the subject
area, or as to the class of goods, wares, or merchandises to be sold by the Concessionaire, or as to
the type of equipment and machines to be placed or used therein, or the general conduct thereof,
the determination thereof by the Borough shall be final.
G. Prohibited Acts. The Concessionaire shall not perform or permit any acts or practices
which may injure the Concession Premises or any building or structure located thereon. The
Concessionaire shall not conduct its operations in any manner or for any purpose deemed
disreputable, illegal, or unduly hazardous on account of fire or otherwise. The Concessionaire
shall not solicit trade or bark or cry his, her or its wares or use any devices mechanical or otherwise
which may create noise, music or sounds to attract attention to the Concessionaire’s business or
wares, nor to in any manner audibly attempt to advertise the business, merchandise or wares. The
Concessionaire shall not place, nor allow to be placed or affixed, any signs or objects of any kind
whatsoever upon, in or about the Concession Premises without same being approved in writing by
the Borough. No alcoholic beverages are to be kept at or sold from the Concession Premises.
5.
Insurance. The Concessionaire shall provide proof of insurance to the Borough for
liability in the amounts of: (a) $1,000,000.00 for injuries to one person; (b) $1,000,000.00 for any
one accident; (c) $50,000.00 for property damage; and (d) Workers' Compensation/Disability
Insurance with the limits of liability as required by New Jersey law, in order to provide adequate
protection for the Borough, its representative employees and others lawfully on the Concession
Premises, against all liabilities, damages and accidents. The Concessionaire shall maintain such
insurance in force during the term of this License. The Concessionaire shall name the Borough as
an additional insured under the said policy, and said policy shall provide for at least ten (10) days
advance notice to the Borough before cancellation or non-renewal thereof.
6.
Events of Default. The following shall be events of default under this Agreement:
A.
Failure, neglect, or refusal of the Concessionaire, its employees, or agents to
perform in a timely manner any obligation under this Agreement, such as, but not limited to, failure
to obtain all necessary licenses and approvals; refusal or failure to supply materials or labor; and
violation of laws, ordinances, rules, regulations, or orders of any authority having jurisdiction over
the Concession Premises or the Concessionaire’s obligations under this Agreement; or
B.
The Concessionaire’s being or becoming insolvent or bankrupt or ceasing to pay
its debts as they mature or making an arrangement with or for the benefit of its creditors or the
appointment of a receiver, trustee, or liquidator for a substantial part of its property; or
C.
A bankruptcy, winding up, reorganization, insolvency, arrangement or similar
proceeding instituted by or against the Concessionaire under the laws of any jurisdiction, which
proceeding had not been dismissed within thirty (30) days; or
D.
Any action or answer by the Concessionaire approving of, consenting to, or
acquiescing in, any such proceeding in (C) above; or
E.
Failure of the Concessionaire to comply with any portion of Section 4 of this
Agreement or failure to timely pay or tender Annual Fees hereunder; or
F.
Prohibition or suspension of the Concessionaire’s performance under the
Agreement in any way by the action, ordinance, decision, requirements, order, decree, or judgment
of any governmental entity, public authority, or court.
7.
Termination of Agreement by the Borough. If the Concessionaire shall default in
the performance of any of the terms, conditions, and provisions of this Agreement, then and in that
event the Borough may notify the Concessionaire in writing to remedy the neglect or default and
require the Concessionaire to comply with the terms, conditions, and provisions of the Agreement
which is being violated. If the Concessionaire fails to cure the neglect or fault within seventy-two
(72) hours after the delivery thereof or twenty-four (24) hours when, in the opinion of the Borough,
immediate action is necessary to safeguard life or property, then and in that event the Borough
shall have the right to declare the Concessionaire in default, and to notify the Concessionaire to
discontinue the work or any part thereof under the Agreement and at the Borough’s option, to
terminate this Agreement and to proceed either to perform the work herein specified at its own
expense, charging the cost thereof against the Concessionaire, or may let said contract to some
other qualified concessionaire, charging the cost and expense thereof in like manner.
8.
Additional Remedies. In the event of default by the Concessionaire, the remedies
herein provided shall be in addition to and not in substitution of the rights and remedies which
would otherwise be vested in the Borough, all of which rights and remedies are specifically
reserved. The failure of the Borough to exercise any of the remedies herein provided shall not
preclude resort to any other remedy. The use of specific remedies herein provided shall not prevent
subsequent or concurrent resort to any other remedy which by law or equity would be vested in
the Borough for recovery of damages or otherwise, in the event of default by the Concessionaire.
9.
Compliance with Laws and Disputes. The Concessionaire shall comply with all
laws, ordinances, rules, regulations, requirements and directives of all governmental authorities.
The Concessionaire shall be responsible for abiding by all ordinances and resolutions of the
Borough and its Board of Health, including, but not limited to the Concessionaire’s obtaining a
Mercantile License. All questions or disputes that may arise as to the interpretation or meaning of
the Contract Documents, Borough Ordinances, or this Agreement, shall be determined by the
Borough Administrator, which decision shall be final and binding upon the Concessionaire.
10.
Suits and Claims. It is hereby mutually covenanted and agreed that the
Concessionaire, for the work to be performed by it under this contract, shall be an independent
contractor and that as such it will be responsible for all damage, loss (including but not limited to
attorneys’ fees), injury, or casualties of every description to persons or property that may arise or
be incurred in or during the conduct of the said work without regard to whether or not the
Concessionaire, its agents, or employees have been negligent, and that the Borough and its agents
and employees shall be by the Concessionaire held and kept free and discharged of and from any
and all responsibility and liability therefore of any sort or kind; that the Concessionaire shall
assume all responsibility for risks or casualties of every description for loss or injury to persons or
property including costs of litigation and counsel fees arising out of the nature of the work, from
the action of the elements, or from any unforeseen or unusual difficulty; that the Concessionaire
shall make good any damages that may occur in the consequence of the work or any part of it and
shall assume all blame, loss, and responsibility of whatsoever nature by reason of neglect or
violation of any Federal, State, County, or local laws, regulations, or ordinances. It is not the
intention of this Agreement or of anything herein provided to confer a third-party beneficiary right
of action upon any person whatever and nothing herein before or herein after set forth shall be
construed as to confer upon any person other than the Borough a right of action either under this
Agreement or in any manner whatsoever. The Borough shall not be liable for any damage or injury
which may be sustained by the Concessionaire or any other person, from the carelessness,
negligence or improper conduct on the part of the Borough or the Borough’s agents, employees,
guests, licensees, invitees, or successors; or attributable to any interference with, interruption of,
or for the failure of any services to be furnished or supplied by the Borough. If at any time during
the term of this Agreement, the Borough shall engage in the reconstruction, repair or removal of
any Borough building or property, including the boardwalk, or the streets, ramps and sidewalks
adjacent thereto, and such work shall result in damage to the business of the Concessionaire, the
said Concessionaire shall have no claim whatsoever for any such loss of business or profits or any
other claim whatsoever against the Borough arising directly or indirectly as a result of said work.
11.
Business Registration.
The Concessionaire shall provide proof of business registration to the Borough. The
Concessionaire shall collect and remit to the Director, New Jersey Division of Taxation, the use
tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered
into this State, regardless of whether the tangible personal property is intended for a contract with
a contracting agency. A business organization that fails to provide a copy of a business registration
as required by New Jersey law, or that provides false business registration information under the
requirements of either of those sections, shall be liable for a penalty of $25 for each day of
violation, not to exceed $50,000 for each business registration copy not properly provided under a
contract with a public contracting agency.
12.
Assignment.
The Concessionaire shall not assign or subcontract the whole or any part of this Agreement
without the written consent of the Borough.
13.
Signs. The Concessionaire shall be responsible for all signage related to the
operation of the concession. Signage must be in compliance with Borough’s ordinances and
regulations. Any signs to be displayed on the property must be of a “professional” quality and will
carry only information pertinent to the business, such as the Concessionaire’s logo or the name or
logo of any business which makes or distributes equipment involved in Concessionaire’s business.
All signs are subject to approval or rejection by the Borough in its sole and final discretion. No
third-party advertising shall be allowed.
14.
Modification.
This Agreement shall not be modified, except in a writing signed by both parties.
15.
American Goods and Products to be used Where Possible.
Only manufactured and farm products of the United States, wherever available, shall be
used in fulfillment of this contract pursuant to N.J.S.A. 40A:l 1-18.
16.
Entire Agreement.
This Agreement, including all attachments and appendices referred to in this Agreement,
constitutes the entire agreement between the Borough and the Concessionaire.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and
do each hereby warrant and represent that their respective signatures, which signatures appear
below, have been and are on the date of this Agreement duly authorized with all necessary and
appropriate actions to execute this Agreement.
WITNESS & ATTEST
BOROUGH OF RED BANK
MARY MOSS, Borough Clerk
JAMES GANT, Manager
WITNESS & ATTEST
CONCESSIONAIRE
By:
By:
Printed Name:
Printed Name:
Title:
Company:
EXHIBIT A
Notice to Bidders and Bid Specifications
EXHIBIT B
Resolution Awarding Contract
EXHIBIT C
Other Required Contract Documents
--- Document: Concession License - Other Required Contract Documents (Exhibit C) ---
CERTIFICATE OF OWNERSHIP
WHERE:
TITLE OF WORK: _______________________________________________
(Complete above exactly as given in Invitation of Bid)
If BIDDER is a proprietorship check here _________ and do not complete this certificate.
In accordance with P.L. 1977, Chapter 33, approved March 8, 1977 stating:
An Act requiring corporate and partnership bidders for State, County, Municipal or School
District contracts to submit a list of the names and addresses of all stockholders owning
10% or more of the stock of their corporate stockholders or in the case of a partnership,
the names and addresses of those partners owning 10% or greater interest therein.
If BIDDER is a joint venture this Certificate must be made for each partnership or
corporation comprising the joint venture. Additional sheets may be used if necessary in
which case they should be noted herein, attached hereto and made a part thereof.
The BIDDER certifies the following information:
NAME: __________________________________________________________
ADDRESS: ______________________________________________________
________________________________________________________________
NAME: __________________________________________________________
ADDRESS: _______________________________________________________
________________________________________________________________
NAME: __________________________________________________________
ADDRESS: ______________________________________________________
________________________________________________________________
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY
)
SS:
COUNTY OF ________________ )
I, _____________________, of the municipality of _______________, in the State
of ______________________, being of full age and duly sworn according to law, on my
oath and say that:
I am employed by the firm of _______________________________,
the bidder submitting the Proposal for the above-named concession, in the capacity of
____________________________, and I have executed the Proposal with full authority
to do so. Further, the bid has not, directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise take any action in restraint of free, competitive
bidding in connection with the above-named concession. All statements contained in said
Bid Proposal and in this affidavit are true and correct and made with full knowledge that
the State of New Jersey and the Borough of Red Bank rely upon the truth of the
statements contained in the affidavit and in said proposal in awarding the contract for the
said concession.
I further warrant that no person or selling agency has been employed or retained
to solicit or secure such contract upon an agreement or understanding for a commission,
percentage brokerage or contingent fee, except bona fide employees or bona fide
established
commercial
or
selling
agencies
maintained
by
the
_____________________________.
__________________________
_____________________
Name of Firm or Individual
Title
__________________________
_____________________
Signature
Date
Subscribed and sworn before me on
this ____ day of _________, .
____________________________
Notary Public of
NJ BUSINESS REGISTRATION CERTIFICATE INFORMATION
These samples below are of the only acceptable business registration
certificates. Failure to submit one of these documents with the bid
will cause your bid to be rejected, regardless of the fact that a copy
may already be on file with the Borough of Red Bank.
If you have any questions, or need to register with the State of New Jersey,
please contact the following immediately:
New Jersey Division of Revenue
Client Registration Bureau P.O. Box 252 Trenton, NJ 08646-0252 Phone
#: 609-292-1730 Website: www.nj.gov.treasury/revenue/taxreg.htm
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
Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During a review,
Division representatives will review the files to determine whether the affirmative action evidence has been
submitted by the vendor/contractor. Specifically, each vendor/contractor shall submit to the Commission,
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 Commission 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 Commission 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 a $150.00 Fee and forward a copy of the Form to the Commission. 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 http://www.state.nj.us/treasury/purchase/forms/AA_%20Supplement.pdf
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:
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 violated the
Act during the performance of this contract, the contactor 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 expenses,
appear, defend, and pay any and all charges for legal services and any and all costs and
other expenses arising from such action or administration 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; the contractor shall satisfy and
discharge the same as 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 my 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 agrees 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 other provisions of the Agreement or
otherwise at law.
Signed, Sealed and Delivered
In the presence of
____________________________
_______________________________
Signed, Sealed and Delivered
In the presence of
_______________________________
(partnership name)
By: ___________________________
(partner)
By: ___________________________
(partner)
By: ___________________________
(partner)
By: ___________________________
(partner)
_______________________________
(corporation name)
By: ___________________________
President
ATTEST:
____________________________
Secretary
(Corporation Seal)
We, stockholders and officers of ____________________________________, a
Corporation of the State of ____________________________, the Concessionaire
mentioned in the foregoing License, do hereby certify that we have read the a foregoing
License and hereby each of us does personally guarantee payment of the Fees and
enforcement of other terms and conditions of the a foregoing License drawn between said
corporate licensee and the Borough of Red Bank.
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
Signed, Sealed and Delivered
in the Presence of
____________________________________
Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or otherwise
proposes to enter into or renew a contract, must complete the certification below to attest, under penalty of
perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is identified on the
State Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran.
The list is found on Treasury’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract, including but not limited to imposing sanctions, seeking compliance, recovering damages,
declaring the party in default and seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed
above, nor any parent entity, subsidiary, or affiliate thereof is listed on the N.J.
Department of the Treasury’s list of entities determined to be engaged in prohibited
activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify
that I am the person listed above, or I am an officer or representative of the entity
listed above and am authorized to make this certification on its behalf. I will skip
Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s
Chapter 25 list. I will provide a detailed, accurate and precise description of the
activities in Part 2 below sign and complete the Certification below.
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more
space is needed, on additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments there to the best of my knowledge are true and complete. I attest that I am authorized to
execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Borough of Red Bank is relying on the information contained herein and
thereby acknowledge that I am under a continuing obligation from the date of this certification through
the completion of any contracts with the Borough of Red Bank to notify the Borough of Red Bank in
writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Borough of
Red Bank and that the Borough of Red Bank at its option may declare any contract(s) resulting from
this certification void and unenforceable.
Full Name
(Print)
Title
Signature
Date
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Apr 2, 2026
Last Info Update
Apr 30, 2026
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