matt trainor
TRANSCRIPT
TOWN OF NORTH CASTLE RECREATION & PARKS 40 Maple Avenue ~ Armonk, NY 10504
(914) 273-3325 www.northcastleny.com
Memo To: Michael Schiliro, Town Supervisor And Town Board From: Matt Trainor, Superintendent of Recreation and Parks Date: April 27, 2021 Re: Pool Concessions RFP Cc: Kevin Hay, Town Administrator
Allison Simon, Town Clerk Members of the Board, Please be advised that the Vendor who had secured our approval for the 2021 Pool Concession Operation has informed us they are no longer able to fulfill their commitment. Accordingly, I’d like to ask your permission to re-issue an RFP to secure a new Vendor for our operation. Should you have any questions, please do not hesitate to contact me at [email protected] or 914-273-3000 x 49. Best,
Matt Trainor Superintendent of Recreation And Parks
NORTH CASTLE TOWN POOL
OPERATION OF A FOOD AND REFRESHMENT CONCESSION
Greenway Road, Armonk NY 10504
REQUEST FOR PROPOSALS
Town of North Castle
15 Bedford Road
Armonk New York 10504
Phone: 914-273-3000 ext. 49
Deadline: May 13, 2021 at 10:30 AM
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REQUEST FOR PROPOSAL
Town of North Castle Parks and Recreation Department
OPERATION OF FOOD AND REFRESHMENT CONCESSION North Castle Town Pool
The Town of North Castle Department of Parks and Recreation is seeking proposals from qualified individuals and firms interested in providing the food and refreshment services to patron of the North Castle Town Pool located on Greenway Road, Armonk, NY. The intent of this Request For Proposal (RFP) is to seek out and select a Licensee who will provide a high quality food service with healthy alternatives at reasonable prices for pool patrons at the North Castle Town Pool, with an emphasis on customer service. All completed proposals must be submitted to the Office of the Town Clerk at 15 Bedford Road, Armonk, NY 10504 not later than 10:30 a.m., May 13, 2021. The Town is not responsible for any internal or external delivery delays, which may cause the RFP to arrive beyond the deadline. An original plus two (2) copies of the proposal must be submitted. No materials will be accepted after the deadline. A task force comprised of appropriate personnel from the Department of Parks and Recreation and other Town departments and boards will review the proposals and if necessary, interview with one or more of the qualified vendors as part of the final selection process. The Town reserves the right to accept, reject or negotiate modifications to any proposal, as it shall, in its sole discretion deem to be in its best interest. Please note that the following attachments must be completed in full and submitted or it may constitute grounds for disqualification: Attachment 1, 2 (3 or 4 or 5 - whichever is applicable), 6, 7, 8, 9, 10, and all proposal exhibits (A-F). The Town reserves the right to negotiate with any and all proposers regarding the information which is requested in this RFP. Each proposer must provide all information as requested to be considered and may be disqualified for failure to submit any required attachment/ exhibit, or for submitting an incomplete or non-responsive information, exhibits or attachments. Any such negotiations will occur subsequent to review and certification of proposals as fully complete and responsive.
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1.0 Purpose and Intent ................................................................................................ -1- 2.0 License Agreement ............................................................................................... -1- 2.1 License Term ......................................................................................................... -1- 2.2 License Termination ............................................................................................. -1- 2.3 Proposal Due Date ................................................................................................ -2- 2.4 Proposal Delivery .................................................................................................. -2- 2.5 Signature ................................................................................................................ -2- 2.6 Alterations.............................................................................................................. -2- 2.7 Pre-Proposal Conference ..................................................................................... -2- 2.8 Cost Liability .......................................................................................................... -2- 2.9 Oral Presentation .................................................................................................. -2- 2.10 Obtaining Essential Information ........................................................................ -2- 2.11 Non-Solicitation ................................................................................................... -2- 2.12 Conflict of Interest............................................................................................... -3- 3.0 Minimum Qualifications of Proposers ................................................................. -3- 3.1 Management and Uniforms .................................................................................. -3- 4.0 Contract and Term ................................................................................................ -3- 4.1 Indemnification and Insurance ............................................................................ -4- 4.2 Utilities ................................................................................................................... -4- 4.3 Records & Audits .................................................................................................. -4- 4.4 Maintenance .......................................................................................................... -4-
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4.5 Equipment………….……………………………………………………………………..-5- 4.6 Termination ............................................................................................................ -5- 4.7 Non-Discrimination/Equal Opportunity ............................................................... -5- 4.8 Assignment ............................................................................................................ -6- 4.9 Independent Contractor ........................................................................................ -6- 4.10 Assignment of Authority ..................................................................................... -6- 4.11 Signs .................................................................................................................... -6- 4.12 Method of Payment ............................................................................................. -6- 4.13 Prices ................................................................................................................... -6- 4.14 Hours and Days of Operation ............................................................................. -6- 5.0 Improvements ........................................................................................................ -7- 6.0 Proposal Evaluation .............................................................................................. -7- 6.1 Proposal Preparation and Submission ............................................................... -8- 7.0 General Provisions ............................................................................................... -9- Schedule A ................................................................................................................. -10- Exhibit A ..................................................................................................................... -11- Exhibit B ..................................................................................................................... -14- Exhibit C ..................................................................................................................... -15- Exhibit D …………………………………………………………………………...…….....- 16- Exhibit E …………………………………………………………………………….……….-17- Exhibit F ……………………………………………………………………………………..-18- Attachment 1 .............................................................................................................. -20- Attachment 2 .............................................................................................................. -21-
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Attachment 3 .............................................................................................................. -22- Attachment 4 .............................................................................................................. -23- Attachment 5 .............................................................................................................. -24- Attachment 6 .............................................................................................................. -25- Attachment 7 .............................................................................................................. -26- Attachment 8 .............................................................................................................. -27- Attachment 9 .............................................................................................................. -28- Attachment 10 ............................................................................................................ -29-
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1.0 Purpose and Intent The Town of North Castle is soliciting proposals from interested and qualified firms and individuals
to operate the food and refreshment concessions at the North Castle Town Pool located in Armonk, New York. The food and refreshment concession is located in the pool complex.
The concession area details are set forth in the attached Schedule A labeled North Castle Town
Pool Concession. Patrons are permitted to eat on the designated dining deck ONLY. Proposers should note patrons are permitted to bring in food and coolers.
Food, Refreshment and Catering Concession - Summary of Responsibilities
Operate and maintain the food concession at the North Castle Town Pool in accordance with quality standards, which shall be determined at the sole discretion of the Superintendent of Recreation and Parks in conformance with generally accepted professional standards.
Provide patrons with high quality fare at reasonable prices, all prices subject to the prior approval of the Superintendent of Recreation and Parks.
Operate the concession in a professional, clean and efficient manner, and in compliance with all Department of Health standards, as well as the standards of the Department of Recreation and Parks (the “Department”).
Provide adequate, trained staff to manage the operation, prepare food and serve patrons on a daily basis.
Provide courteous and efficient service emphasizing customer satisfaction: fast service, hot food, healthy alternatives, and short lines.
Keep the eating terrace and all tables there clean and free from litter. Dispose of all recyclable and no recyclable trash appropriately at the facility.
2.0 License Agreement The Town of North Castle shall award a License to operate the food and refreshment concessions
at the North Castle Town Pool, to the successful proposer, in accordance with a License agreement to be prepared by the Town of North Castle.
The grant of a license to the licensee shall not be deemed to be a lease and shall not create nor transfer any interest in realty. The licensee shall not be deemed to be a lessee; and its right to occupy the premises and to operate the license hereby granted shall continue only so long as the licensee shall comply with and perform strictly and promptly each and all of its obligations and agreements contained in the Contract.
2.1 License Term The License will be for one year, with the option of the Town extending the License for three
additional one year periods upon the mutual agreement of the Licensee and the Town. 2.2 License Termination
The Town Board upon recommendation of the Superintendent of Recreation and Parks may terminate the license upon 48 hours notice.
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2.3 Proposal Due Date Date: May 3, 2021 Time: 10:30 AM Location: Office of the Town Clerk 15 Bedford Road Armonk, NY 10504 2.4 Proposal Delivery The exterior of all proposal packages should be labeled with the proposal title “Operation of Food
and Refreshment Concession – North Castle Pool” and the final proposal opening date. No proposals will be accepted by email or facsimile.
2.5 Signature Proposals must be signed. 2.6 Alterations Any changes (including “white outs”) must be initialed, or the item may be disqualified and the
proposal rejected. 2.7 Pre-Proposal Site Review If a proposer wishes to visit the site for review, it must be done on May 7, 2021 between the hours
of 10:00 am – 12:00 pm. The Superintendent of Recreation and Parks, or his designee will be on site during this time. Please email attendance to [email protected].
2.8 Cost Liability The proposer shall bear all costs associated with submitting the proposal, including proposal
preparation, site visitation, or any travel connected with submission of the proposal. The Town shall have no liability whatsoever for such costs.
2.9 Oral Presentation Proposers who submit a proposal in response to the RFP may be required to give an oral
presentation of the proposal to the Evaluation Committee. This will provide an opportunity for the proposer to clarify or elaborate on the written proposal.
2.10 Obtaining Essential Information. The Superintendent of Recreation and Parks reserves the right to obtain additional information
deemed necessary to determine the ability of the proposer to carry out the obligations of the agreement. This includes information needed to evaluate the experience and financial capability of the proposer to complete the requirements of the RFP.
2.11 Non-Solicitation The proposer, by signing the proposal, does hereby warrant and represent that this agreement has
not been solicited, secured or prepared directly or indirectly, in a manner contrary to the laws of the State of New York and the Town of North Castle, and that said laws have not been violated and shall not be violated as they relate to the procurement or the performance of the agreement by any conduct, including the paying or the giving of any fee, commission, compensation, gift, gratuity, or consideration of any kind, directly or indirectly, to any Town employee, officer or official.
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2.12 Conflict of Interest The award of a contract is subject to provisions of all Federal, State, and local laws. All firms must
disclose with their proposals the name of any officer, director, or agent who is also an employee of the Town of North Castle. Further, all firms must disclose the name of any Town employee who owns directly or indirectly, an interest of ten percent or more in the firm or any of its subsidiaries or affiliates.
3.0 Minimum Qualifications of Proposers Two (2) years continuous experience as an operator of a food concession business or a restaurant
with annual gross sales in excess of $40,000. 3.1 Management and Uniforms
The licensee is expected to procure solely at his own expense all permits necessary for the legal exercise of this license. The licensee is expected to comply with all laws, orders, regulations, demands and directions of all governmental authorities and public officers having jurisdiction in connection with said premises and/or the operations of the concession; and comply with all the rules, orders, regulations, or requirements of the New York Board of Fire Underwriters and other boards or organizations exercising similar functions. The licensee will personally operate the concession area or employ a manager over 21 years old, satisfactory, to the Superintendent of Recreation and Parks. The licensee shall at all times provide sufficient qualified personnel to render adequate service and assistance to the public. The Town shall have the right to determine the adequacy of services and shall have the right to require the licensee to provide such other and additional personnel as the Town in its sole discretion deems necessary. The Superintendent shall have the final decision on the type of menus to be provided, prices to be charged and the hours of operation of the food concession area. In the event of rain or inclement weather, the decision as to whether to open for business, or to close the concession earlier than specified in this agreement on any given day shall be made at the sole discretion of the designated representatives of the Town of North Castle. In all cases, the licensee shall consult with the designated Town representative prior to closing. Uniforms identifying concession employees are required and shall be purchased by licensee. Such uniforms are subject to the approval of the Town. All concession personnel shall be attired in uniforms at all times while working.
4.0 Contract and Term A formal written agreement, with specifications, will be entered into between the parties. The
proposal, or any part thereof, submitted by the successful proposer may be attached to and become a part of the contract. After selection of the successful proposal, a formal written agreement will be drawn by the Town of North Castle and will not be binding or in force until signed by both parties and approved by the Office of the Town Attorney. The term of the License shall be for one year with an option to extend up to three additional one year terms, at the Town’s sole option.
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4.1 Insurance, Indemnification and Hold Harmless Licensee will be required to procure, and pay for insurance, in accordance with the provisions listed in Exhibit A. The Indemnification and Hold Harmless Agreement must be completed and submitted with the proposal. 4.2 Utilities The Licensee will pay $700 per year for all utilities including, but not limited to, utility expenses
such as gas and electricity charges, which are or may be required to operate the concession. 4.3 Records & Audits The Licensee shall keep the books of accounts and records of all operations and establish a
system of bookkeeping and accounts in a manner considered to be generally acceptable accounting principals according to the American Institute of Certified Public Accountants, and shall permit inspection of said books and records by the Town as often as deemed necessary in the opinion of the Superintendent of Recreation and Parks. Licensee shall maintain all supporting records incident thereto including, but not limited to, tax reports, Federal and State tax returns, banking records, sales records, cash receipts journals, and all related financial records. All such books and records shall be retained and preserved by the Licensee for a period of thirty-six (36) months after the end of the License Year to which they relate and shall be subject to inspection and audit by the Town and its agents at the Licensed Premises upon reasonable advance notice to the Licensee.
The Licensee shall submit at the end of each fiscal year a certified copy of state sales tax filings
and total revenues for the year. 4.4 Maintenance Licensee will accept all buildings and their equipment “as is” in their present existing condition.
The Licensee shall, at its own expense and upkeep, make such repairs or improvements necessary to maintain Town owned buildings and areas occupied for the purpose of operating the concession and shall be responsible for the daily maintenance and upkeep. Licensee will not make alterations, additions, or improvements to the facility without prior written consent of the Superintendent. All alterations, additions, and improvements whether temporary or permanent in character, shall at all times be deemed to be the property of the Town and shall remain upon the premises at the termination of the agreement. Licensee will not be responsible for the repairs to the roofs, exterior walls, heating or plumbing. The concessionaire will be responsible for the repair and maintenance of all Town owned equipment during the term of the License. The Licensee shall keep the food terrace and tables located there clean and free from debris and litter.
The Licensee is expected to keep the premises covered by this license in a clean and sanitary
condition and shall cleanse, disinfect and deodorize the same whenever directed to do so by the Town or its representatives. The licensee shall comply with all sanitary laws, ordinances and rules, regulations and all orders of the State of New York, the State Department of Health, the County of Westchester, the Westchester County Department of Health, the Town or other authorities which affect the cleanliness and sanitation of the licensed premises. All garbage and refuse placed in the Town dumpsters shall be bagged or boxed in a secure manner so as to prevent spillage of leakage. Empty boxes shall be folded or crushed before being placed in the
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Town dumpster. At the conclusion of each operational season, the licensee shall perform, or engage a firm to
perform, a thorough cleaning and “winterizing” of the premises used by the licensee. This cleaning must be completed within 20 business days after the end of the season.
4.5 Equipment The Licensee at its sole cost and expense, shall supply (what is not provided by the Town), repair
and replace all equipment required for the proper operation of the facility. All equipment shall comply with all applicable fire, electrical and safety codes. All equipment must meet or exceed Department of Health regulations and must be of commercial quality. The successful proposer will provide the Town with a list of all equipment used for this License. In the event of a default by the Licensee, at the Town’s option, the Licensee shall not remove its equipment until the expiration of the term of the agreement and the Town shall have the right to use Licensee’s equipment for the remainder of the term of the agreement.
Any costs incurred for the movement of current equipment or installation of new equipment in
order to comply with all safety codes and or Department of Health regulations shall be the sole responsibility of the licensee.
The inspection and costs incurred with the inspection process and any necessary repair or
charging of the Automated Fire Suppression system for the grill hood will be the responsibility of the Town.
The licensee shall not have use of the telephones maintained by the Town for the use of the
Town’s employees. The licensee may have a telephone connected or installed at the refreshment facilities, subject to prior approval in writing by the Town, as to the site of the connection or installation. All expenses of connection or installation necessary to establish telephone service shall be borne exclusively by the licensee, together with all periodic charges for such telephone service.
4.6 Termination In the event that the Licensee defaults in the performance of any term, condition or covenant
herein contained, the Town, at its option and in addition to any right it might have to seek damages, judicial enforcement or any other lawful remedy, may terminate this lease upon forty-eight (48) hours written notice to the Licensee, provided, however, that the Licensee may defeat such notice by curing the default complained of, within the notice period. In the event of such termination, the Town may, at its option, take custody of and use any property of the Licensee located at the Licensed area on the date of termination in order to operate this License until such time as all obligations and indebtedness of the License to the Town hereunder shall be fully satisfied, or dispose of or store such equipment and charge to the Licensee all costs incurred in the dismantling, removal, disposal, or storage. In any event, the Town shall incur no liability for such use, disposal, or storage.
4.7 Non-Discrimination/Equal Opportunity Licensee shall comply with all local, state and federal laws and regulations pertaining to
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nondiscrimination and equal opportunity in the areas of employment, subcontracting, and use of the Town’s facilities. Licensee must adhere to the provisions stated in Exhibit C.
4.8 Assignment Licensee shall not assign or subcontract any portion of the operation without prior written approval
from the Town. If the proposer intends as part of its proposal to subcontract any part of the work described in its proposal, that fact must be explicitly stated in the proposal and the proposer shall include the qualifications and credit references of any proposed subcontractors. If the Town awards the contract to the proposer and approves any subcontract, this approval shall not create any relationship between the subcontractor and the Town, such that the Licensee shall be responsible for the entire contract.
4.9 Independent Contractor Licensee and its employees will operate as an independent contractor and are not considered to
be Town employees. 4.10 Assignment of Authority Licensee shall be in charge of the licensed premises at the North Castle Town Pool only. The
Licensee shall comply with all applicable ordinances, rules and regulations for the proposed operation. The Licensee shall be required to take all reasonable measures to insure that the Licensee's patrons abide by all applicable ordinances, rules and regulations when they are on the Licensed premises.
4.11 Signs Licensee shall not place any sign or advertisement upon any property of the Town under any
contract or agreement, which may result from this proposal without written approval by the Superintendent of Recreation and Parks.
4.12 Method of Payment The Licensee will pay the license fee in three (3) annual installments each due on July 1, August
1, and September 1; the utility charge of $700 will also be paid on September 1. 4.13 Prices
Prices for all items must have prior written approval of the Superintendent of Recreation and Parks or his designee. Licensee shall submit a menu, which includes prices, as part of the RFP.
4.14 Hours and Days of Operation The North Castle Town Pool will be open during the following hours: Saturday May 22 through June 27 Weekends and Holidays: 10:00 am to 7:00 pm Weekdays: 4:00 pm to 7:00 pm June 28 through August 6 Weekends and Holidays: 10:00 am to 7:30 pm Weekdays: 12:00pm to 7:30pm
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August 7 through September 6 Monday to Sunday: 10:00 am to 7:00 pm (Includes Holidays)
The hours, opening and closing dates determined by the Parks & Recreation Department and are subject to change. The concession must remain open as long as the pool is open for recreational swimming and may only be closed when the pool director informs the licensee that the pool is closed. In the event of rain or other inclement weather, the decision as to whether to open for business, or to close the concession earlier than specified in this agreement on any given day shall be made at the sole discretion of the designated representatives of the Town of North Castle. In all cases, the licensee shall consult with the designated Town representative prior to closing the facility. The Town retains the right to conduct events at its park and facilities where the Town may offer food and refreshments, either through itself or an event operator. Note: The Licensee shall not operate the concession during swim meets. The Town will notify Licensee of the closure dates upon the finalization of the meet schedule.
. 5.0 Improvements
Proposers may submit additional proposed improvements to the facility and if approved shall do so at its own cost and expense. All improvements must follow Town Code. All construction, materials and workmanship to be used for the improvements must be of the highest quality and equal to the specifications of the materials and workmanship employed for similar purposes throughout the facility. All materials shall be new. All materials, equipment, workmanship and the operation of it shall conform to all federal, state and municipal code requirements. Title to improvements shall pass to the Town when constructed by the Licensee and accepted by the Town. The Licensee without the prior written consent of the Town shall make no additional alterations or additions to the facility or improvements. The Licensee, at its sole cost and expense shall maintain, repair, and replace all improvements thereon, in a clean and new or like-new condition at all times, and shall at the direction of the Town, maintain, clean, repair or replace same.
6.0 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 Superintendent will schedule the time and location of these presentations.
The award of a contract for the services sought through this Request for Proposal is not governed
by public bidding laws. There is no obligation on the part of the Town to award the agreement to the proposer who submits the highest fee, and the Town reserves the right to award the contract to the proposer the Town has determined to be responsible who has submitted a complete proposal which meets the specifications and requirements which are deemed by the Town most advantageous to and in the best interest of the Town. The Town reserves the right to negotiate with any one or more of the proposers. The Town also reserves the right to reject all proposals, to
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waive any irregularities in any proposal, and to select a contractor by any alternate means, if the Town determines that doing so is in its best interest.
Any and all statistical data provided in this Request for Proposal is for bid and information
purposes only. The Town will not be held responsible for inaccuracies and does not warrant the validity of the data contained herein.
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 Town reserves the right to weigh its evaluation criteria in any manner it deems appropriate.
Proposer’s demonstrated experience to develop, manage, maintain, and operate the facility. Evaluation of the professional qualifications, personal background, and resume(s) of the
individuals involved in the concession. Quality and value of menu and pricing. Ability of proposer to market the facility. Proposer’s financial ability to develop, operate and maintain the concession. Evaluation of the proposer’s fee submission. Proposer’s ability to provide the required insurance coverage. Proposer’s demonstrated commitment to customer service.
6.1 Proposal Preparation and Submission One (1) original and two (2) photocopies of the proposal should be submitted. The proposal shall
be in easily identifiable sections as follows:
This section shall describe the proposer’s business plan for accomplishing the requirements and work outlined in the RFP. The plan should be described in sufficient detail to permit the Town to evaluate it fairly in relation to all other proposals and with a minimum of possible misinterpretation.
A. Business Plan The business plan is a comprehensive description of the planned mode of operation and use of the premises with an emphasis on customer service and cash controls. This plan must include, but not be limited to, the following: The proposer’s plan for operating the facility and accomplishing the work and requirements
as set forth in this RFP. The proposer’s plan to complete any improvements including cost estimates for each item
and a time line for implementation.
Organizational chart. Cash and inventory control procedures. A complete listing of all menu items including prices and serving styles. Maintenance program including pest control and grease removal. Recruitment, training and supervisory programs.
The following Attachments (1, 2, 3, 4, 5, 6, 7, 8, 9, and10), request information that is essential to the evaluation of the proposer’s business plan and overall proposal.
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B. Attachment (10 ) Fee Proposal
The proposer will agree to pay to the Town a set amount for the License to operate the food and refreshment concession at the North Castle Town Pool. The fee proposed is in addition to the utility charge noted previously.
7.0 General Provisions The RFP constitutes only an invitation to make a proposal to the Town of North Castle (the
"Town"). The Town reserves, holds and may in its sole discretion exercise, the following rights and options with respect to this RFP.
a) To waive or modify any irregularities in proposals received after notification to proposers
affected. b) To request additional information. c) To select and enter into an agreement with the firm whose proposal best satisfies the interests
of the Town and not necessarily on the basis of price or any other single factor. d) To reject any and all proposals. e) To issue additional subsequent solicitations for proposals. f) To conduct investigations with respect to the qualifications of each proposer. g) To negotiate with proposers for amendments or other modifications to their proposals. h) To modify dates.
i) To exercise its discretion and apply its judgement with respect to any aspect of this RFP, the evaluation of proposals, and the negotiation and award of any contract.
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SCHEDULE A
NORTH CASTLE TOWN POOL CONCESSION
1) Structure
Serving area: 10′ 8″ x 21″ Cooking area: 17′ 7” x 7′ 3″ Back Prep Area: 21′x 7′ 8″ Storage Pantry: 7′ 9″ x 6′ 6″
2) Furnishings & Equipment
Deep fryer – 12½” x 15½ ” Griddle/Grill – 20½″ long x 24” Hand washing sink – 14″ x 10″ Triple Rinse Sink – 73" x 24" x 38" high at sink level. Individual sinks: 18" x 18" x 14" deep;
backsplash: 9"; side shelf: 17″ x 20″; sink with grease trap 2 – Blodgett Gas Ovens – 29″ x 20″ 1 – Beverage Air Refrigerator, 2 door – 50″ x 63″ 1 – Continental Freezer, 2 door – 47″ x 61″ 1 – Pepsi Refrigerator, 2 sliding doors – 43.5″ x 53.5″ 2 – Stainless Tables – 48″ x 30″ 1 – Stainless Table – 24″ x 48″ 1 – Rolling Wire Shelf Unit – 6 shelves – 47″ x 70″
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EXHIBIT A
INSURANCE
INSURANCE REQUIRED Prior to commencement of any formal agreement and until completion of the terms and specifications, the
Contractor/Provider shall, at its sole expense, maintain the following insurance on its own behalf, and furnish
to the Town of North Castle certificates of insurance evidencing same and reflecting the effective date of such
coverage as follows:
The term “Contractor/Provider” as used in this indemnification agreement shall mean and include
Subcontractors of every tier.
1) Worker’s Compensation and Employers Liability Policy, covering operations in New York State.
Where applicable, U.S. Longshore and Harbor Workers Compensation Act Endorsement and
Maritime Coverage Endorsement shall be attached to the policy. Evidence must be provided on a C-
105.2. Waiver of Subrogation to be included
2) Commercial General Liability Policy, with limits of no less than $1,000,000 Each
Occurrence/$2,000,000 General Aggregate limits for Bodily Injury and Property Damage, and
shall include coverage for: A. Premises & Operations B. Products/Completed Operations; C. Independent Contractors; D. Personal & Advertising Injury E. Blanket Contractual Liability F. XCU
G. Town of North Castle and their assigns, officers, employees, volunteers, representatives
and agents should be named as an “Additional Insured” on the policy using ISO Additional
Insured Endorsement CG 20 10 11/85 or an endorsement providing equivalent or broader
coverage and shall apply on a primary and non-contributory basis, including any self-
insured retentions. The Certificate of Insurance should show this applies to the General
Liability coverage on the certificate, and Additional Insured Endorsement shall be attached.
H. To the extent permitted by New York law, the Contractor/Provider waives all rights of
subrogation or similar rights against Town of North Castle, assigns, officers, employees,
volunteers, representatives and agents.
I. Cross Liability coverage (Commercial General Liability and Business Automobile
Liability policies only). J. Coverage for athletic participants must be included if renter is an athletic team or
league.
K. Coverage must be written on an Occurrence Policy Form.
3) Comprehensive Automobile Policy, with limits no less than $1,000,000 Bodily Injury and Property
Damage liability including coverage for owned, any auto non-owned, and hired private passenger
and commercial vehicles.
A. Town of North Castle and their assigns, officers, employees, representatives and agents
should be named as an “Additional Insured” on the policy. The Certificate of Insurance should
show this applies to the Automobile Liability coverage on the certificate, and Additional
Insured Endorsement shall be attached.
B. To the extent permitted by New York law, the Contractor/Provider waives all rights of
subrogation or similar rights against Town of North Castle, assigns, officers, employees,
representatives and agents.
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C. If applicable, policy should be specifically endorsed to cover snow plow operations.
4) Umbrella Liability, with limits of no less than $1, 000,000 Each Occurrence/ $1, 000,000 General
Aggregate, including coverage for General Liability, Automobile, Workers Compensation and
Professional Liability (if applicable).
A. Coverage must be written on an Occurrence Policy Form.
5) Professional Liability (if applicable), with limits no less than $1,000,000. Per Claim.
6) Owners & Contractors Protective Liability Policy, (if applicable) with limits no less than
$1,000,000 Per Occurrence/$2,000,000 Aggregate shall be taken out with the Town of North Castle
as the Named Insured, and maintained during the life of this contract which will protect the Town of
North Castle from claims for damages for personal injury, liability, accidental or wrongful death, as
well as property damage which may arise from operations under this contract whether such
operations be by himself or by any subcontractor or by anyone directly or indirectly employed by
either party.
7) Bid, Performance and Labor & Material Bonds, if required in the specifications, these bonds shall be
provided by a New York State admitted surety company, in good standing.
8) Property Insurance, the Contractor shall cover materials being installed onsite, in transit, and/or at
any other location.
9) Asbestos/Lead Abatement and Environmental Clean-Up, (if applicable). Coverage for the removal of
asbestos and/or lead and related pollution events, including coverage for third-party liability claims
for bodily injury, property damage and clean-up costs.
$1,000,000 per occurrence/$2,000,000 aggregate including Products and Completed Operations. If a
retroactive date is used, it must pre-date the inception of the contract
10) Certificates shall provide that thirty (30) days written notice prior to cancellation or expiration be given
to the Town of North Castle. Policies that lapse and/or expire during term of work shall be recertified
and received by the Town of North Castle no less than thirty (30) days prior to expiration or
cancellation.
NOTE: The above listed Minimum Insurance Requirements may be increased upon the review and
determination of the Town’s Risk Management Committee.
The Contractor/Provider shall furnish to Town of North Castle Certificates of Insurance as evidence of
coverage prior to commencement of work and naming Town of North Castle as an Additional Insured by
endorsement. The Contractor/Provider acknowledges that failure to
obtain such insurance on behalf of the Town of North Castle constitutes a material breach of contract and
subjects it to liability for damages, indemnification and all other legal remedies available to the Town of North
Castle. The failure of the Town of North Castle to object to the contents of the certificate or absence of same
shall not be deemed a waiver of any and all rights held by the Town of North Castle.
The cost of furnishing the above insurance shall be borne by the Contractor/Provider, there will be no direct payment for this
work. Cost will be deemed to have been included in the price bid for all scheduled items.
All carriers listed in the certificates of insurance shall be A.M. Best Rated A VII or better and be admitted in the State of New York.
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Indemnification and Hold Harmless Agreement
To the fullest extent permitted by law, Contractor/Provider shall indemnify, hold harmless and defend Town
of North Castle, and agents and employees of any of them from and against all claims, damages, losses or
expenses including but not limited to attorney’s fees arising out of or resulting from the performance of the
agreement, provided such claim, damage, loss or expense (a) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property, including loss of use resulting there
from, and (b) is caused in whole or in part by an act or omission or violation of statutory duty or regulation
of the Contractor/Provider or anyone directly or indirectly employed by it or anyone for whose acts it may
be liable pursuant to the performance of the agreement. Notwithstanding the foregoing,
Contractor/Provider’s obligation to indemnify Town of North Castle, and its agents and employees of any of
them for any judgment, mediation or arbitration award shall exist to the extent caused in whole or in part by
(a) negligent acts or omissions, or (b) violations of regulatory or statutory provisions of the New York State
Labor Law. OSHA, or other governing rule or applicable law; by the Contractor/Provider anyone directly or
indirectly employed by it or anyone for whose acts it may be liable in connection to such claim, damage,
loss and expense. The obligation of the Contractor/Provider to indemnify any party under this paragraph
shall not be limited in any manner by limitation of the amount of insurance coverage or benefits including
worker’s compensation or other employee benefit acts provided by the Contractor/Provider.
Company Title/Name:_____________________________________________________________
Name:______________________________ Signature:___________________________________
Date:__________________________________
Nature/Scope of Work Being Performed:_____________________________________________
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EXHIBIT B STATEMENT OF NON-COLLUSION
(To be completed by Each Bidder) In accordance with Section 103(d) General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State or any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies,
and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:
(1) The prices in this bid have been arrived at independently without collusion, consultation,
communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor.
(2) Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor.
(3) No attempt has been made or will be made by the bidder to induce any other person,
partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition.
B. The person signing this bid or proposal certifies that they have fully informed themselves regarding
the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf.
C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the
execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder.
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EXHIBIT C RESOLUTION
Resolved that________________________________________________________________ be (Name of Corporation) authorized to sign and submit the bid or proposal of this Corporation for the operation of the food and refreshment concession at the North Castle Town Pool. North Castle Town Offices are located at 15 Bedford Road in the Town of North Castle, Westchester County, Armonk, New York. and to include in such bid or proposal the STATEMENT OF NON COLLUSION required by SECTION 103(d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by the __________________________________________________________________ Corporation at a meeting of the Board of Directors held on the________________________ day of _______________________________, 2021. (SEAL OF THE CORPORATION) __________________________________ Secretary
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EXHIBIT D
STATEMENT OF IRAN DIVESTMENT ACT
No contract may be awarded to any persons determined to be engaged in investment activities in Iran as
indicated by New York State Office of General Services.
Every written offer made to the Town of North Castle must contain the following statement subscribed and
affirmed by the offeror as true under penalties of perjury:
By the submission of this offer, each offeror and each person signing on behalf of any offeror certifies, and in
case of joint offer each party thereto certifies as to its own organization, under penalty of perjury, that to the best
of its knowledge and belief that each offeror is not on the list created pursuant to State Financial Law §165-
a(3)(b).
The Town of North Castle may award an offer to an offeror who cannot make the statement of non-investment
on a case-by-case basis if:
The investment activities in Iran were made before the effective date of this section, the investment activities in
Iran have not been expanded of renewed after the effective date of this section, and the person has adopted,
publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from
engaging in any new investments in Iran; or
The Town of North Castle makes the determination that the goods or services are necessary for the Town to
perform its functions and that, absent such an exemption, the Town would be unable to obtain the goods or
services for which the contract is offered. Such determination shall be made in writing and shall be a public
document.
Company Title/Name: _____________________________________________________________
Name: ________________________________________________Date:_____________________
Signature: ______________________________________________________________________
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EXHIBIT E
STATEMENT OF SEXUAL HARASSMENT POLICY
Every written offer made to the Town of North Castle must contain the following statement subscribed and
affirmed by the offeror as true under penalties of perjury:
By the submission of this offer, each offeror and each person signing on behalf of any offeror certifies, and in
case of joint offer each party thereto certifies as to its own organization, under penalty of perjury, that to the
bidder has implemented a written policy addressing sexual harassment prevention in the workplace and
provides annual sexual harassment training to all employees pursuant to State Finance Law § 139-L.
Company Title/Name: _____________________________________________________________
Name: ________________________________________________Date:_____________________
Signature: ______________________________________________________________________
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EXHIBIT F NON-DISCRIMINATION CLAUSE
During the performance of this contract, the Contractor agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, or national origin, and will take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training.
B. The Contractor will send to each labor union or representative of workers with which it has or is
bound by a collective bargaining or other agreement or understand, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a" through "h" hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will take affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such labor union or representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal.
C. The Contractor will post and keep posted in conspicuous places, available to employee and
applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provisions of clauses "a" and "b" and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine.
D. The Contractor will state, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin.
E. The Contractor will comply with the provision of Sections 291-299 of the Executive Law and the
Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will, permit access to books, records, and accounts by the Commission for Human Rights, and Owner representatives/counsel clauses and such sections of the Executive Law and Civil Rights Law.
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F. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the Contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until it has satisfied the Commission for Human Rights that it has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies otherwise provided by law.
G. If this Contract is canceled or terminated under clause "f", in addition to other rights of the Owner
provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, materials, equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the Contractor in an amount sufficient for this purpose and recourse may be held against the surety on the performance bond if necessary.
H. The Contractor will include the provision of clauses "a", through "g" in every subcontract or
purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional locale of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchases the Owner/Contracting Agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Contracting Agency/Owner, the Contractor shall promptly so notify the Owner's Representatives/Counsel, requesting intervention and protect the interests of the Owner (Contracting Agency's jurisdictional area).
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Attachment 1 Food and Refreshment Concession at North Castle Town Pool
Identification of Proposer Name of Proposer: (Formal name of proposer exactly as it would appear on the License) Principal Office Address: Local Address (if different from above): Contact Person/Title: Telephone number of Proposer: ( ) Telephone number of Contact person: ( ) Telephone number of Fax: ( ) Form of business entity (check one and complete the appropriate business entity statement found in pages 11, 12, and 13. ( ) Corporation ( ) Joint Venture ( ) Partnership ( ) Individual
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Attachment 2 Food and Refreshment Concession North Castle Town Pool
The following information must be included with each proposal: 1. Have any Licenses or License held by the proposer ever been cancelled? Yes ( ) No ( ) 2. Has the proposer ever been notified of a lease, concession, permit or License default by the
landlord or lessor? Yes ( ) No ( ) 3. Has the proposer ever been involved in litigation with the lessor or licensor of property leased or
Licensed by the proposer? Yes ( ) No ( ) 4. Has the proposer and/or any of its officers or employees who were responsible for obtaining or
administrating a contract ever been convicted of any of the following: a) Criminal offense incident in regards to a public or private contract. b) Violation of the Federal Anti-Trust Statues. c) Embezzlement or fraud or equivalent crimes which are indicative of a lack of
business integrity. Yes ( ) No ( ) If the answer to any of questions 1 through 4 is yes, provide an explanation and describe the circumstances. Attach additional sheets if necessary.
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Attachment 3 Food and Refreshment Concession North Castle Town Pool
Corporate Statement If the proposer is a corporation, the following section must be completed: Corporate Name: Date of Incorporation: Location (city, state) of Incorporation: Is the Corporation Licensed to do business in New York State? Yes ( ) No ( ) If the answer to the above is yes, provide date when the Corporation was Licensed to do business in New York State. The Corporation is held: Publicly ( ) Privately ( ) Furnish the name, title and address of each officer, director, and those principal shareholders who own 10% or more of the Corporation's issued stock. Principal Business Director's Name Address Affiliation other than Directorship Officer's Name Address Position Principal Shareholders Address Percentage share owned A certified copy of the Corporate Charter filed with the Secretary of State must be attached. A certified copy of the Corporate Resolution, which authorized the officer signing this proposal to bind the corporation, must be attached.
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Attachment 4 Food and Refreshments Concession at North Castle Town Pool
Partnership Statement If the proposer is a partnership, then complete the following information: 1. Date of Organization 2. Indicate whether ( ) General Partnership or ( ) Limited Partnership 3. Is the Partnership agreement recorded? Yes ( ) No ( ) If yes, indicate the following: Date Book Page Location 4. Has the Partnership undertaken or participated in other catering or restaurant operations in the
State of New York? Yes ( ) No ( ) If yes, indicate: Date: Location: Provide the name, address and ownership share of each general partner: Shareholder Address Percentage share owned One copy of the Partnership Agreement must be attached.
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Attachment 5 Food and Refreshment Concession at North Castle Town Pool
Individual Statement If the proposer is an INDIVIDUAL, the following must be completed. 1. Has the individual owned and managed or participated in other businesses of a similar nature to
the food and refreshment concession at North Castle Town Pool in the State of New York? Yes ( ) No ( ) If yes, indicate the: Dates: Locations:
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Attachment 6
Food and Refreshment at North Castle Town Pool Experience/References
Name of Proposer: __________________________________________________ Address:____________________________________________________________ ___________________________________________________________________ Telephone:_________________________________________________________
Minimum qualifications are two (2) years of continuous experience as an operator of a food concession business or a restaurant with annual gross sales in excess of $25,000. 1. Experience of Proposer: List and describe below where experience was obtained.
Name
Years
Annual Gross Sales
Location
Name/Tele. # Reference
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Attachment 7 1. Industry and Credit References: The proposer must list at least three (3) business and three (3) credit references, (may include vendors) who do not hold an interest in the firm. In submitting this form, proposer authorizes the Town to contact listed references for recommendation.
Name Type of Reference Address/Telephone
2. Proof of Insurance Initially, a good faith Letter of Intent must be provided as evidence that insurance negotiations have been initiated and are in progress. Such a letter can be from an identified, acceptable insurance company, its agent, or broker. The award of a contract is conditional upon the Town’s receipt of binders issued to the Town before operations/occupancy commence. Certificates of Insurance are due at the same time and are to be followed by certified copies of the insurance policies in a reasonable length of time after issuance.
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Attachment 8 Food and Refreshment at North Castle Town Pool
Proposed Improvements Attach additional Material as required (cost estimates, drawings)
Description of To Be Completed Estimated
Improvements By Cost
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Attachment 9
Food and Refreshment Concession at North Castle Town Pool
The Licensee shall furnish the following equipment and furnishings for the operation of the concession operation. This equipment and furnishing shall remain the property of the Licensee
subject to Section 4.5 of this RFP. Attach additional sheets if necessary.
1. ________________________________________________________________________
2. ________________________________________________________________________
3. ________________________________________________________________________
4. ________________________________________________________________________
5. ________________________________________________________________________
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Attachment 10 Food and Refreshment Concession at North Castle Town Pool
Fee Proposal
Amount proposed for first year (2021):__________
Utility Fee (2021): $700
GRAND TOTAL OF ALL LISTED SITE COSTS: Total Bid Lump Sum Cost: $__________________________________ (Figure)
(_______________________________________________________________________) (Written Total Dollars)
Option for any additional periods will be negotiated after the term of this license agreement. NAME OF COMPANY _______________________________________________ Name of Proposer _________________________________________________ ADDRESS _________________________________________________________ PHONE ___________________________________________________________ SIGNATURE _______________________________________________________ DATE _______________________________