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INVITATION TO SUBMIT PROPOSALS
FOR THE PROVISION OF
FOOD, BEVERAGE AND CATERING SERVICES
FOR
WESTCHESTER COUNTY CENTER
198 CENTRAL PARK AVENUE
WHITE PLAINS, NEW YORK 10606
(WESTCHESTER COUNTY DEPARTMENT
OF PARKS, RECREATION AND CONSERVATION)
PROPOSAL DUE DATE: NOVEMBER 1, 2013 @ 2 P.M.
Interested parties may obtain the complete Request for Proposals (“RFP”), including application,
from the Westchester County website for RFPs at http://rfp.westchestergov.com/rfp/rfps.jsp and
the website of the Westchester County Department of Parks, Recreation and Conservation at
www.westchestergov.com/parks.
Department of Parks, Recreation and Conservation Contact
Mr. John Condon, Director of Concessions
Westchester County Department of Parks, Recreation and Conservation
450 Saw Mill River Road
Ardsley, New York 10502
Phone: (914) 231-4520
Email: [email protected]
Please be advised that all matters concerning this RFP, from the date of issuance until the
contract awards are made, are to be directed in writing to the above named contact person.
An original and six (6) completed copies of the proposal MUST be received no later than
November 1, 2013 at 2:00 p.m. at the following address:
Mr. John Condon, Director of Concessions
Westchester County Department of Parks, Recreation and Conservation
450 Saw Mill River Road
Ardsley, New York 10502
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REQUEST FOR PROPOSALS
I. INTRODUCTION
The Westchester Department of Parks, Recreation and Conservation (“PRC”) invites
proposals from qualified contractors to provide food, beverage and catering services for the
Westchester County Center located at 198 Central Park Avenue, White Plains, New York 10606,
for the period January 1, 2014, through December 31, 2018, with the sole option of the County of
Westchester (“the County”) to renew the agreement for an additional term of five years.
The County Center presently has over 50,000 square feet available for various events. The main
hall has full concert seating capacity for 4,400 people. There is also a 12,800 square foot
exhibition hall and meeting rooms with a total of 7,960 square feet and a smaller theater with a
seating capacity of 420.
The food service facility at the County Center has the capability to provide for a sit-down dinner
for 2,000 people. In addition, snack bars on the lower level exhibition floor, main floor
auditorium, and the balcony in the auditorium are included in this agreement. It should be noted
that the snack bars on the lower level exhibition floor and the balcony have no cooking capability.
At these locations, pre-prepared food must be served. However, a required improvement is the
conversion of the space to allow for cooking on the balcony level.
The intent of this Request For Proposals (“RFP”) is to seek out and select a contractor who will
provide high quality service at reasonable prices for patrons at the Westchester County Center
with an emphasis on customer service.
The County desires to improve service as the County Center food concession. The following are
required:
(a) Providing continual, economical and reasonable pricing and service for all customers and
clients
(b) using locally/regionally/nationally known branded items,
(c) hawking food and beverages at all seated events,
(d) using themed mobile food carts and satellite facilities to reduce food service lines at large
events,
(e) catering in-house meetings and seminars at prices comparable to local facilities which provide
a similar service,
(f) scheduling food service events and efficiently bill clients and
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(g) participating in any PRC approved promotion or sampling within the facility.
An original and six (6) completed copies of the proposal MUST be received no later than
November 1, 2013 at 2 p.m. at the following address:
Mr. John Condon, Director of Concessions
Westchester County Department of Parks, Recreation and Conservation
450 Saw Mill River Road
Ardsley, New York 10502
The Department of Parks, Recreation and Conservation is not responsible for any internal or
external delivery delays which may cause the RFP to arrive beyond the deadline. An original plus
six copies of the proposal must be submitted. No materials will be accepted after the deadline.
The successful proposer will be required to furnish a Security Deposit as specified in Section XI
of the RFP.
There will be a pre-proposal meeting at the Westchester County Center on October 23, 2013, as
noted in Section VIII of this RFP.
An evaluation committee comprised of appropriate personnel from the Department of Parks,
Recreation and Conservation and other County departments will review the proposals and may, if
necessary, conduct interviews with one or more of the qualified proposers as part of the final
selection process.
The County 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.
While the County 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 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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FOOD, BEVERAGE AND CATERING SERVICES
FOR
WESTCHESTER COUNTY CENTER
198 CENTRAL PARK AVENUE
WHITE PLAINS, NEW YORK 10606
(WESTCHESTER COUNTY DEPARTMENT
OF PARKS, RECREATION AND CONSERVATION)
I. SCOPE OF WORK
The Westchester County Department of Parks, Recreation and Conservation (”PRC”)
is soliciting proposals from interested and qualified contractors and individuals to provide food, beverage
and catering service at the Westchester County Center, 198 Central Park Avenue, White Plains, NY
10606.
The successful proposer will pay to the County of Westchester a license fee, pursuant to
Schedule C. The food, beverage and catering service consists of:
Operation of all mobile/fixed concession stands
All catering and banquet services
Backstage dining (non-exclusive)
Vending service
Other services associated with food/beverage sales
The successful proposer will also provide the necessary equipment to operate the concession and
provide trained and experienced staff. The successful proposer shall be in charge of
food, beverage and catering services at the licensed premises at the Westchester County Center only and
work jointly with facility staff on all food service requests for a variety of activities and entertainment.
Food, Beverage and Catering Concession - Summary of Responsibilities
Operate and maintain the food, beverage and catering concession the Westchester County
Center in accordance with quality standards which shall be determined at the sole discretion of
the Commissioner of the PRC in conformance with generally accepted professional standards.
Provide patrons and clients of both small and large numbers with high quality fare at
economical and reasonable prices; all pricing and increase requests subject to the prior
approval of the Commissioner.
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 PRC.
Provide adequate, trained staff to manage the operation, prepare food, and serve patrons on a
daily basis as required by the Manager of the County Center.
Provide courteous and efficient service emphasizing customer satisfaction.
Provide funds for non-commissionable catering service to PRC on an annual basis, the amount
of which to be determined based upon submitted proposals. These services are to be charged
at cost. PRC also reserves the right to provide food and beverages at all self-sponsored events
and meetings. (Schedule C).
Provide weekly and monthly account summaries to the Department in accordance with
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County policies.
Provide and maintain the mandatory improvements as provided for in Schedule E herein.
Provide an annual marketing, advertising and promotion fund (Schedule C).
Ensure that all fire suppression systems are up to code, maintained, and serviced annually.
Clean and maintain all hoods and exhaust systems to the satisfaction of the Commissioner.
Provide license fee to the County as a privilege of providing these services.
II. 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 Director of Concessions will schedule the time and location of these presentations.
The Evaluation Committee will present its findings and recommendations to the Commissioner.
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 County to award the agreement
to the proposer who submits the best fee, and the County reserves the right to award the contract
to the proposer the County has determined to be responsible who has submitted a complete
proposal which meets the specifications and requirements which are deemed by the County most
advantageous to and in the best interest of the County. The County reserves the right to
negotiate with any one or more of the proposers. The County also reserves the right to reject all
proposals, to waive any irregularities in any proposal, and to select a contractor by any alternate
means, if the County 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 County 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 County reserves the right to weigh its evaluation criteria in any
manner it deems appropriate.
Financial capability to perform the Contract Agreement. Ability to provide necessary
commissions or services within maximum cost guidelines parallel to the goals and
requirements of the County.
Background in high-quality civic center, stadium and/or entertainment park food/beverage
sales operations pertaining to catering/banqueting, concessions and other similar services.
Management qualifications, especially related to the public assembly building food service
backgrounds of senior management proposed for this facility.
Merchandising, sales, and sponsorship creativity proposed. A detailed marketing plan and
long-term strategy should be presented as a critically important proposal element including
use of local/regional/national branded products, impact on sales/profit of branded
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products, and specific financial/operational arrangements with proposed branded product
vendors. Also examples of new facility concept designs, décor, and uniforms must be
presented as elements of the sales/ marketing strategy component of each proposal.
Operational expertise as evidenced by staff training/manual procedures, ability to provide
daily financial data to the County in a recognized GAAP format, ability to provide back-up
management expertise on short notice, cash control computer system, and interfaces to be
provided and any other information in this area helpful to the County’s Selection
Committee.
Evaluation of quality, affordability of prices for concessions, catering and banquets, and
scope of menus.
Proposer’s demonstrated experience to develop, manage, maintain, and operate the
Facilities.
Proposer’s financial ability to develop, operate and maintain the concession.
Evaluation of proposer’s fee submission
Evaluation of proposer’s improvements to the concession
Proposer’s business plan to increase the efficiency and the quality of service.
A determination that the proposer has submitted a complete and responsive proposal as
required by all sections, terms, and conditions of the RFP.
An evaluation of the proposer’s projected approach and plans to meet the requirements of
the RFP.
Proposer’s ability to complete the mandatory improvements in this RFP.
Proposer’s ability to meet general goals and policies and overall mission of the County
Center.
Proposer’s ability, in conjunction with PRC staff, to solicit additional catered and group
business.
Proposer’s ability to provide food and beverage service for small (10-20 people) events at
a reasonable cost.
Proposer’s ability and willingness to hawk and sell food and beverages to seated patrons at
events.
Any other relevant factors deemed by the County to be in the interest of the County.
Proposers are requested to respond to the above as set forth in SCHEDULE “B.”
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III. CONTRACT TERM
The term of any ensuing agreement will be for a period of five (5) years, with the sole option of
the County to extend the contract for an additional period of five (5) years.
IV. LEGAL UNDERSTANDINGS
Please take notice, by submission of a proposal in response to this RFP, proposing entity agrees
to and understands:
That any proposal, attachments, additional information, etc. submitted pursuant to this RFP
constitute merely a suggestion to negotiate with the County of Westchester and is not a bid under
Section 103 of the New York State General Municipal Law;
Submission of a proposal, attachments, and additional information shall not entitle the proposing
entity to enter into a service agreement with the County of Westchester for the required services;
By submitting a proposal, the proposing entity agrees and understands that the County of
Westchester is not obligated to respond to the proposal, nor is it legally bound in any manner
whatsoever by submission of same;
That any and all counter-proposals, negotiations or any communications received by a proposing
entity, its officers, employees or agents from the County, its elected officials, officers, employees
or agents, shall not be binding against the County of Westchester, its elected officials, officers,
employees or agents unless and until a formal written agreement for the services sought by this
RFP is duly executed by both parties and approved by the Westchester County Board of
Acquisition & Contract and the Office of the Westchester County Attorney.
In addition to the foregoing, by submitting a proposal, the proposing entity also understands and
agrees that the County of Westchester reserves the right, and may at its sole discretion exercise, the
following rights and options with respect to this RFP, except to the extent restricted by applicable
law, including, but not limited to, the Westchester County Procurement Policy, as amended:
To reject proposals that do not conform in all material respects to the RFP or meet the minimum
evaluation criteria;
To reject all proposals;
To issue additional solicitations for proposals and/or amendments to this RFP;
To waive any irregularities in proposals received after notification to all proposers;
To negotiate for amendments or other modifications to proposals;
To conduct investigations with respect to the qualifications of each proposer;
To exercise its discretion and apply its judgment with respect to any aspect of this RFP, the
evaluation of proposals, and the negotiations and award of any contract;
To enter into an agreement for only portions (or not to enter into an agreement for any) of the
services contemplated by the proposals with one or more of the proposers;
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To select the proposal that best satisfies the interests of the County and not necessarily on the
basis of price or any other single factor in the evaluation criteria;
While this is an RFP and not a bid, the County reserves the right to apply the case law under
General Municipal Law § 103 regarding bidder responsibility in determining whether a proposer is
a responsible vendor for the purpose of this RFP process;
The County assumes no responsibility or liability of any kind for costs incurred in the preparation
or submission of any proposal;
The County is not responsible for any internal or external delivery delays which may cause any
proposal to arrive beyond the stated deadline. To be considered, proposals MUST arrive at the
place specified herein and be time stamped prior to the deadline.
V. PROPOSAL REQUIREMENTS
PACKAGES MUST BE MARKED: “REQUEST FOR PROPOSAL FOR FOOD BEVERAGE
AND CATERING CONCESSION AT WESTCHESTER COUNTY CENTER”
In selecting a food, beverage and catering services Licensee, consideration will be given to the contents
of Proposals. Proposers should describe in great detail how they propose to meet the Specifications for
the License Agreement for the Food, Beverage and Catering Agreement, including:
Number, qualifications, duties, and authority of full-time personnel and managers, number and
source of part-time personnel, and proposed uniforms for employees and management level staff
at the various service venues throughout the Concession.
Evidence that the proposer has experience in major places of public assembly such as major
civic centers, performing arts centers, entertainment parks and the like, which have multi-
purpose food/beverage facilities including fixed and mobile concession facilities, banqueting,
special function facilities, and other food/beverage facilities. Proposers shall cite the number of
years and the locations at which such similar operations are conducted.
Evidence of operating experience (minimum past 5 years) and reputation for quality of service
and cooperation.
How the proposer proposes to continue and participate in the total effort of making the
Facilities a successful operation.
Details concerning a professional marketing, advertising and promotional program including but
not limited to:
(a) The amount of a marketing, advertising and promotional fund provided to the County, not
less than the minimums detailed on the proposals pages, as an advertising fee (exclusive of all
signage and graphics) for the development of same over the term of the contract. Use of funding
is subject to the sole approval of the Commissioner or her authorized Designee.
(b) There must be an understanding by the Proposers that the facilities in the parameters of this
RFP are very diverse and as such focus must be placed on the different markets and market
segments that are encompassed included in their proposal.
A detailed product branding plan, utilizing a series of national, regional and local branded
products both as singular entities and as products marketed under another umbrella name.
A high level of personal service to guests as evidenced by the following:
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(a) A POS ratio of the number of POS stations to guests at the Facilities sufficient to
handle peak volume at events.
(b) Qualified management team at all venues – minimal qualifications of all managers
presented should include at least five (5) years of senior food management responsibility in
the arena/convention center/performing arts center field, degrees in hotel/restaurant
management from recognized colleges/universities in that field, and a high-quality service
plan that meets or exceeds same at other similar very high-quality service facilities.
A professional uniform plan presented in written and graphic form with budgeted costs noted.
Financial resources which, in the opinion of the County, are adequate to ensure full and proper
performance of the Contract Agreement. A proposer must submit a current financial statement
which is not to be older than one (1) year after the close of the most recent complete accounting
period. Said statement is to be certified by a certified public accountant.
a. Demonstrated ability to develop maximum gross receipts and potentials from similar-
type operations.
This demonstration shall demonstrate per capita receipts over at least two consecutive
operating seasons at the following levels:
b. Civic Center concessions - $2.50 per cap
Special function services – extensive catering menus for breakfast, lunch, and dinner showing
local market pricing and cost justifications for same.
* Above results to be certified via audited statements for facilities currently in operation by an
outside, professional accounting firm.
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Demonstrated abilities in other arenas, civic centers, stadium or public assembly facilities, in the
areas of:
a. Cost control results (food and labor)
b. Graphic design and signage programs
c. Advertising/sales plans
d. Types, styles of product sold including size and specification
e. Quality control measures to be undertaken, including HACCP controls
f. Institution of safety/emergency management programs
Of critical importance in the evaluation of proposers will be the ability to provide experienced
civic center management teams (in professional food service and support services) as detailed
earlier herein to ensure a quality program satisfactory to the County.
a. Literature, brochures, etc., describing the operation(s) of the firm and such other
material(s) that may be useful in determining the operating experience and reputation
for quality and cooperation of the proposer and ability to begin operations as noted.
b. Proposed labor schedules and staffing charts of the resident management and staff to
accommodate current and future projects demanded of the facilities – plan to increase
by 3-5 percent per annum over the term of this contract. Proposer should also outline
in detail by position, duties, salary level, and responsibilities the experience,
qualifications, and strengths of its proposed management team.
Proposer should also outline in detail its staffing plan for all areas of the Facilities.
Proposer must submit an organizational chart of the proposed operation to include a detailed
manual of operational and training procedures for its food and beverage program.
Proposer should provide in great detail and submit with the proposal a thorough evaluation of
proposed sales potentials including its work papers evidencing evaluation of primary and
secondary market needs and definitions, as well as its professional marketing and promotional
programs for the term of the agreement. This program will be aimed at generating maximum
food and beverage business for future Facilities.
Note: The County retains all rights and privileges to separately contract or self-operate
merchandise and other novelty services.
Proposer should also outline in great detail the following programs:
a. Alcohol awareness i.e. “TIPS,” “TEAMS” training programs, systems, and philosophies.
b. Branded-name product usage – products, themes, system, and formats proposed for this
project. It is the intent of the County to utilize high-demand branded products in its
best financialand marketing interests and as such may request that certain local and/or
regional food/beverage brands be included in the final operating mix of facilities.
c. Provide a detailed sample questionnaire for use by the facilities and their guests in
evaluating services. Discuss how a continuing program of this nature will be instituted
and the overall program goals/objectives obtained.
Any other information the proposer believes will be helpful to the County in making a selection.
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The County may require such other written information as deemed necessary to ascertain the
qualifications of the proposer. The decision of the County and its staff as to the acceptable
qualifications of the proposer shall be final. Detail and comprehensiveness of the Proposal are
important to the County and will be considered in making the selection. Specific factors will be applied
to proposal information to assist the County in its task of selecting the most-qualified candidate for this
Contract Agreement.
Proposer’s Qualifications
The proposer submitting this proposal warrants that said proposer has the following
qualifications:
a. That the principal firm, partnership, or corporation or its parent company making application has
been in continuous existence for a period of the past five (5) years or more.
b. That the principal proposer or its parent company has, for at least the past five (5) consecutive
years, operated specialized catering and/or food or beverage concessions, as a major
concessionaire or caterer, or both, in one or more arena, sports venue, convention center or
performing arts center or similar facilities, with gross sales of Seven Hundred Thousand Dollars
($700,000) or more per year per facility.
c. That the principal proposer or its parent company can satisfy all requirements as noted abover.
Additional information (over and above that noted in this Qualification Form) should be attached
with this form as Addendum Information.
Proposer/Parent of Proposer
a. Corporate Resolution
All corporate proposals shall include a duly-executed resolution of their Board of Directors, either
approving the particular proposal being submitted or specifically authorizing and empowering a
designated agent of said corporation to bind the corporation in all matters involving, relating to,
or incidental to the submission of a proposal hereunder and, if accepted by the County, the
corporation’s full performance under the terms of the Food and Beverage Operations
Management Contract Agreement.
b. In the event that the proposer selected to provide food services hereunder is a foreign
corporation, it shall file to conduct business in the State of New York prior to conducting any
business in that state. Although the County does not require foreign corporate proposers to
qualify in New York prior to submitting a proposal, it is specifically understood and agreed that
any such corporation will promptly take all necessary measures to become authorized to conduct
business in New York at their own expense, upon the written request of the County without
regard to whether such corporation is actually awarded the Contract Agreement, and in the event
that the award is made, prior to conducting any business in the state.
Attachment 1 – Business Questionnaire
Proposers must complete Attachment 4A concerning the experience, business and credit
references and provide proof of insurance. Minimum qualifications are five (5) years of
continuous experience as an owner and operator of a business or similar operation with annual
gross sales in excess of $700,000.00 per year. Three (3) business and three (3) credit references
must also be provided and a good faith Letter of Intent must be provided as evidence that
insurance negotiations have been initiated and are in progress.
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Schedule C - Fee Proposal
This section shall contain the fee the proposer agrees to pay to the County for the license to
operate the food and Beverage concession at the Westchester County Center. The license fee
shall consist of an annual minimum license fee or a percentage of gross sales, whichever is higher.
Schedule E - Improvements
This section shall describe the proposer’s plan for constructing any improvements to the facility.
Schedule L - Addenda
In this section the proposer should confirm the receipt of any addenda to this RFP, if applicable.
Proposal Requirements
Requests for clarification of this RFP must be written and submitted to John Condon,
Director-Concessions, Westchester County PRC, 450 Saw Mill River Road, Ardsley, New
York no later than 4:00 p.m. October 23, 2013. NO COMMUNICATIONS OF ANY KIND
WILL BE BINDING AGAINST THE COUNTY, EXCEPT FOR THE FORMAL
WRITTEN RESPONSES TO ANY REQUEST FOR CLARIFICATION.
Proposals MUST be signed. Unsigned proposals will be rejected.
Proposers may be required to give an oral presentation to the County to clarify or elaborate on
the written proposal.
No proposal will be accepted from nor any agreement awarded to any proposer that is in
arrears upon any debt or in default of any obligation owed to the County. Additionally, no
agreement will be awarded to any proposer that has failed to satisfactorily perform
pursuant to any prior agreement with the County.
Business Plan
This section shall describe the proposer's approach and plan for accomplishing the work
outlined in the RFP. These plans and approaches should be described in sufficient detail to
permit the County to evaluate them fairly and with a minimum of possible misinterpretation.
Further, the proposer should describe the effort and skills necessary to operate the business.
The plan should be described in sufficient detail to permit the County to evaluate it fairly in
relation to all other proposals with a minimum of possible misinterpretation.
The business plan is a comprehensive description of the planned mode of operation and use
of the premises with emphasis on safety, service to the public 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
set forth in the RFP.
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The proposer's plan to offer quality products and service to the public.
Organizational chart.
Number of employees and their relevant qualifications.
Cash and inventory control procedures,
Estimated gross revenue for each year of the license broken out according to revenue
obtained from the food concession operation, banquet sales and vending,
Estimated operating costs for each year of the license.
Proposed hours of operation.
A complete listing of all fees to be charged during the term of the agreement
A complete listing of all capital improvements including estimated costs, length of time to
complete and impact on the facility,
Marketing and promotion plan,
Equipment and furnishings (describe the equipment and furnishings the proposer will provide
for the operation of the facility),
Please note the minimum requirements specified in Section V (e).
1) Proposals must be submitted on the proposer’s letterhead or standard proposal form and signed
by an authorized representative of the proposer. Telephone or facsimile proposals will not be
accepted.
2) The proposal cover letter signed by a person authorized by the proposer to make a binding
proposal must set forth that that “this proposal constitutes a valid, binding and continuing offer at
the prices set forth in the proposal for a period of sixty (60) days from the deadline for acceptance
of proposals as set forth herein.”
3) An original and six (6) completed copies of the proposal MUST be received no later than
November 1, 2013, at 2 p.m., at the following address:
Mr. John Condon, Director of Concessions
Westchester County PRC
450 Saw Mill River Road
Ardsley, New York 10502
4) Proposal must be typed or printed in black ink. All corrections made by the proposer prior to the
opening must be initialed and dated by the proposer. No changes will be allowed after proposals
are opened.
5) Proposals delivered prior to the deadline shall be secured unopened so long as the package is
properly marked as set forth above. Late proposals will not be accepted.
7) Requests for clarification of this RFP MUST be written and submitted to John Condon, Director
of Concessions, Westchester County Department of Parks, Recreation and Conservation, 450
Saw Mill River Road, Ardsley, NY 10502 no later than 2 p.m., on October 23, 2013. NO
COMMUNICATIONS OF ANY KIND WILL BE BINDING AGAINST THE COUNTY,
EXCEPT FOR THE FORMAL WRITTEN RESPONSES TO ANY WRITTEN REQUEST
FOR CLARIFICATION.
8) Proposals MUST be signed. Unsigned proposals will be rejected.
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9) Proposers may be required to give an oral presentation to the County to clarify or elaborate on
the written proposal.
10) No proposal will be accepted from nor any agreement awarded to any proposer that is in arrears
upon any debt or in default of any obligation owed to the County. Additionally, no agreement
will be awarded to any proposer that has failed to satisfactorily perform pursuant to any prior
agreement with the County.
VI. CONTRACT
After selection of the successful proposer, and following contract negotiations, a formal written
contract will be prepared by the County of Westchester and will not be binding until signed by both
parties and approved by the Westchester County Board of Acquisition & Contract and the Office of the
County Attorney. NO RIGHTS SHALL ACCRUE TO ANY PROPOSER BY THE FACT THAT A
PROPOSAL HAS BEEN SELECTED BY THE COUNTY FOR SUBMISSION TO THE BOARD OF
ACQUISITION & CONTRACT FOR CONTRACT APPROVAL. SAID BOARD HAS THE RIGHT
TO REJECT ANY RECOMMENDATION AND THE APPROVAL OF SAID BOARD IS
NECESSARY BEFORE A VALID AND BINDING CONTRACT MAY BE EXECUTED BY THE
COUNTY.
VII. METHOD OF PAYMENT AND FINANCIAL PROCEDURES
Proposers must submit their proposal in a Percentage License Fee format with an annual minimum
license fee no less than those described on the proposal pages and a percentage of gross sales, whichever
is greater.
Under this format, the Licensee agrees to supply certain equipment and smallwares and to pay the
County the specific license fee charges calculated in accordance with the Food, Beverage and Catering
Agreement and this proposal form, for each contract year per the amounts proposed on Schedule C.
Percentage of gross sales will be required for
1) Catering/banquet sales
2) Vending and
3) Fixed/Mobile and all other Concession Sales. There will also be an annual minimum license fee
as described on Schedule C.
Under the Percentage License Fee Format, the County will be paid by the Licensee for the gross
amount due under the Agreement terms on or before the twentieth (20th) day following the conclusion of
each month of the term. The revenue and license fee procedures are outlined below:
Financial Procedures
All of the Licensee’s locations shall accept cash and credit cards as forms of payment.
Licensee will collect and count cash revenue. Deposits will be made into a County account. Deposits
slips and bags will be provided to the Licensee. The County’s armored car service will pick up deposits
from Licensee’s office at the County Center. A detailed pick up schedule will be provided. Copies of all
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deposit slips and activity reports are to be sent to a Designee of the County via email or by fax. Any delay
in supplying deposit information will result in a delay in the processing of the Licensee’s weekly payment.
The Licensee will accept deposits for catered events and collect balances at the end of each event.
Licensee will deposit these funds into their own account. The County shall have access to Licensee’s
invoicing system to track catering sales. In addition, a copy of all catering invoices for the prior week’s
events must be sent to a designee of the County via email or by fax by 10:00 am of the first business day
following the close of each week.
Revenue for credit card transactions will be credited to a County account. Licensee will be reimbursed
the full amount of credit card sales less the discount fee that applies to each transaction. Licensee will be
charged a discount fee of 2% of the total of each transaction. On occasion, customers will dispute a credit
card charge. When a chargeback notice is received it will be the responsibility of the Licensee to resolve
the dispute. Unresolved disputes will result in a charge back for the amount of the purchase. Adjustments
for any charge backs will be made during the monthly reconciliation process.
Funds for all sales (cash and credit card), inclusive of sales tax, will be reimbursed to the Licensee on a
weekly basis. In an effort not to interfere with Licensee’s other operations, the Licensee will determine
what constitutes a business week; i.e. Monday – Sunday or Saturday - Friday. In order for an electronic
payment to be issued in a timely fashion, all documentation for the prior weeks sales must be in place for
processing no later than 10:00 am on the first business day following the close of each week. After
calculations are complete, a report will be issued summarizing the Licensee’s sales and detailing the
amount of the weekly electronic transfer. A County Designee will email this report on a weekly basis.
Please note that Holidays may result in a delay of the weekly scheduled payment.
License fees will not be withheld from the Licensee’s weekly payments. Instead, Westchester County will
have the ability to initiate an electronic funds transfer on the 20th of each month for the commission
payable for the preceding month. The County will require a letter from the Licensee’s financial institution
granting the County access to their account for this purpose. In the event that the County is unable to
initiate the transfer of the license fee and payment is not received by the 20th of the month, the County
will begin retaining the Licensee’s weekly payment in order to cover the amount of the license fee. Once
this amount has been paid, the County will resume making payment to the Licensee on a weekly basis.
Prior to the initiation of the license fee transfer, reconciliation will be completed. A representative from
the Licensee will work with a Designee from the County in order to complete the license fee
reconciliation and agree upon other allowable deductions. At the time the County withdraws the License
Fee from Licensee’s account, the County will also collect any other fees owed to the County (i.e. refuse
charges, credit card charge backs, bounced check fees, etc). These items are to be approved by the
Licensee during the reconciliation process and will be included in the amount withdrawn from the
Licensee’s account on the 20th of the month.
VIII. PROPOSALS SUBJECT TO FREEDOM OF INFORMATION LAW
The New York State Freedom of Information Law as set forth in Public Officers Law, Article 6,
Sections 84-90, mandates public access to government records. However, proposals submitted in
response to this RFP may contain technical, financial background or other data, public disclosure of
which could cause substantial injury to the proposer's competitive position or constitute a trade secret.
Proposers who have a good faith belief that information submitted in their proposals is protected from
disclosure under the New York Freedom of Information Law shall: a) insert the following notice in the
front of its proposal:
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“NOTICE
The data on pages ___ of this proposal identified by an asterisk (*) contains
technical or financial information constituting trade secrets or information the
disclosure of which would result in substantial injury to the proposer’s competitive
position.
The proposer requests that such information be used only for the evaluation of the
proposal, but understands that any disclosure will be limited to the extent that the
County considers proper under the law. If the County enters into an agreement
with this proposer, the County shall have the right to use or disclose such
information as provided in the agreement, unless otherwise obligated by law.”
and
b) clearly identify the pages of the proposals containing such information by typing in bold face on
the top of each page " * THE PROPOSER BELIEVES THAT THIS INFORMATION IS
PROTECTED FROM DISCLOSURE UNDER THE STATE FREEDOM OF INFORMATION
LAW."
The County assumes no liability for disclosure of information so identified, provided that the
County has made a good faith legal determination that the information is not protected from disclosure
under applicable law or where disclosure is required to comply with an order or judgment of a court of
competent jurisdiction. The contents of the proposal which is accepted by the County, except portions
"Protected from Disclosure", may become part of any agreement resulting from this RFP.
IX. PRE-PROPOSAL CONFERENCE
Attendance at the pre-proposal conference is not mandatory. This information session presents
an opportunity for the proposer to clarify any concerns regarding proposal requirements. The proposer is
cautioned that, although the proposal conference is optional, no modification or changes will be allowed
in the pricing because of the failure of the proposer to have attended the conference. The conference is
scheduled for October 23, 2013 at 2:00 p.m. at the Westchester County Center, 198 Central Park
Avenue, White Plains, NY 10606.
X. REFERENCES
The proposer shall provide a profile on SCHEDULE F which, at a minimum includes the
following items:
a. Proposer’s legal name
b. Address
c. Year company was founded
d. Total number of employees in organization
References: Indicate three (3) current client references for similar services, include
1) Client Name
2) Client Address
3) Contact Name, Title and Telephone Number
4) Description of Services
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XI. INDEMNIFICATION AND INSURANCE
The proposer agrees to indemnify and hold free and harmless the County of Westchester, its
officials, employees, and agents from or on account of any and all suits, actions, or claims for injuries,
losses, damages, liabilities, costs, or expenses, of any kind whatsoever, arising from this ensuing
contract or which are incidental to or are in any way connected with its proposal.
The indemnification provided herein shall obligate the proposer to defend at the proposer’s own
expense or to provide for any defense (as determined by the County of Westchester), for any and all
claims of liability and all suits, actions, or claims that may be incurred by the County of Westchester, in
consequence of actions or inaction’s relating to its proposal or any ensuing contract. By submitting a
proposal, the proposer agrees to comply with the foregoing provisions of indemnity.
If the proposer is awarded the contract, the County of Westchester and the contractor shall be
named as insured on all policies obtained by the contractor and Certificates of Insurance shall be
furnished to the County of Westchester by the contractor. (See SCHEDULE “A”)
General liability and workers’ compensation insurance are required for this contract, and the
County of Westchester must be listed as an additional insured for all policies. If another use is
contemplated, the Director of Risk Management may require other insurance depending on the intended
activity.
All policies shall be obtained from companies licensed to conduct business in the State of New
York. Companies providing insurance coverage shall be required to have nothing less than an “A”
rating or better by the A.M. Best Company of Aldwich, New Jersey.
Insurance coverage in amount and form shall not be deemed acceptable until approved by the
County of Westchester, Department of Risk Management. The Director of Risk Management may alter
insurance requirements at his discretion.
XII. SECURITY DEPOSIT
Licensee will, at or before the execution of the resulting agreement, furnish to the County a
security deposit in the form of a check in a sum equal to 10% of the average annual minimum license fee
during the first five-year period as security for faithful performance and non-negligent performance of the
agreement. This amount will be deposited in an interest-bearing account and returned to the Licensee
upon the expiration of this agreement provided all terms and conditions of the License have been fulfilled
to the satisfaction of the Commissioner or his designee.
XIII. NON-DISCRIMINATION/EQUAL OPPORTUNITY
The successful proposer shall comply with all local, state and federal laws and regulations
pertaining to nondiscrimination and equal opportunity in the areas of employment, subcontracting, and
use of the County’s facilities.
XIV. ASSIGNMENT
The successful proposer shall not assign or subcontract any portion of the operation without prior
written approval from the County. 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
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shall include the qualifications and credit references of any proposed subcontractors. If the County
awards the contract to the proposer and approves any subcontract, this approval shall not create any
relationship between the subcontractor and the County, such that the successful proposer shall be
responsible for the entire contract.
XV. INDEPENDENT CONTRACTOR
The successful proposer and its employees will operate as an independent contractor and are not
considered to be County employees.
XVI. SIGNS
The successful proposer shall not place any sign or advertisement upon any property of the
County under any contract or agreement, which may result from this proposal without written approval
from the Commissioner of the Department.
XVII. PRICES
The Proposer warrants that all services and/or merchandise shall be made available to the public at
commercially reasonable prices for comparable facilities within the County of Westchester and further
warrants that such goods shall be of first quality and fit for the particular use intended. The Proposer
shall submit to the Commissioner for approval, a schedule containing the services to be offered for sale
and the prices to be charged therefor, and the Proposer may not offer any item for sale unless and until
the list of items therefor have received the prior approval of the Commissioner. Current prices are
attached to this RFP as Schedule G.
XVIII. HOURS AND DAYS OF OPERATION
The hours of the concession operation and catering facility at the County Center will vary
according to the schedule of booked activities. Theoretically, the County Center could be open 365 day
per year for up to 15 hours or more per day. A list of events that took place during 2012 and through
August 2013 is attached as Schedule G.
All stands are required to be open continuously while the facilities are open without exception,
except that a stand maybe closed temporarily at the sole discretion of the Commissioner.
XIX. COMPLIANCE WITH LAW
The successful proposer shall comply with all applicable local, state and federal laws and
regulations at its sole cost and expense. Neither the successful proposer, nor any person acting on
behalf of the successful proposer, shall discriminate against any individual on the basis of race, color,
creed, gender, marital status, country of origin, physical disability, genetic predisposition or carrier status
in connection with the operation of the agreement or the use of any County facilities. The successful
proposer shall, at its sole cost and expense, procure and maintain in full force and effect for the term of
the resulting contract, all permits, licenses and approvals from all applicable governmental authorities.
The successful proposer shall comply, at its sole cost, with all applicable federal, state and local laws,
rules, regulations and orders including, but not limited to the Labor Law, Workers' Compensation Law,
State Unemployment Insurance Law, State and Municipal health and sanitation regulations, Federal
Social Security Law and all rules and regulations promulgated by the United States Department of Labor
and/or the Industrial Commissioner of the State of New York, the Occupational Health and Safety
Administration (OSHA), the Public Health Law, the Westchester County Sanitary Code, and all
amendments and additions thereto.
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XX. NON-COLLUSION
The proposer, by signing the proposal, does hereby warrant and represent that any ensuing 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 County of Westchester, 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 County employee, officer or official.
XXI. CONFLICT OF INTEREST
The award of a contract is subject to provisions of all Federal, State and County laws. All firms must
disclose with their proposals the name of any officer, director or agent who is also an employee of the
County of Westchester. Further, all firms must disclose the name of any County employee who owns,
directly or indirectly, an interest of ten percent or more in the firm or any of its subsidiaries or affiliates.
XXII. MBE/WBE
Pursuant to Local Law No. 27-1997, it is the goal of the County to use its best efforts to encourage,
promote and increase the participation of business enterprises which are owned and controlled by persons
of color or women in contracts and projects funded by the County. Therefore, the County asks
Proposers to complete the questionnaire attached hereto as SCHEDULE H.
XXIII. MACBRIDE PRINCIPLES
Pursuant to Act No. 56-1999, no County procuring officer may award or recommend for award
any contract not subject to competitive bidding to a proposer that does not execute a certification
substantially in the form attached hereto as SCHEDULE I. Therefore, the County asks Proposers to
complete the certification attached hereto as SCHEDULE I.
XXIV. RELATIONSHIPS TO COUNTY
Proposers are required to complete the questionnaire entitled “Required Disclosure of
Relationships to County” attached hereto as SCHEDULE J. In the event that any information provided
in the completed questionnaire changes, Proposer agrees to provide a revised “Required Disclosure of
Relationships to County” form to the County within ten (10) business days of such event.
XXV. CRIMINAL BACKGROUND INFORMATION
Pursuant to Executive Order No. 1-2008, the County shall have the right to bar any contractor,
consultant, licensee or lessee of County owned real property, their principals, agents, employees,
volunteers or any other person acting on behalf of said contractor, consultant, licensee or lessee who is at
least sixteen (16) years old, including but not limited to subconsultants, subcontractors, sublessees or
sublicensees or any family member or other person, who is at least sixteen (16) years old, residing in the
household of a County employee who lives in housing provided by the County located on County
property from providing work or services to the County or from being on County property if any of the
above mentioned persons has either one of the following: (a) A conviction of a crime (all felonies and
misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or the
laws of any other State); (b) A pending criminal proceeding for a crime(s) as defined above; or (c) A
refusal to answer such questions; where the following criteria apply: (a) If any of the persons providing
work or services to the County in relation to a County Contract are not subject to constant monitoring by
County staff while performing tasks and/or while such persons are present on County property pursuant
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to the County Contract; and (b) If any of the persons providing work or services to the County, in
relation to a County Contract may, in the course of providing those services, have access to sensitive data
(for example, Social Security Numbers and other personal/secure data); facilities (secure facilities and/or
communication equipment); and/or vulnerable populations (for example, children, seniors and the infirm).
Proposers that are awarded a contract shall be required to submit a Certification Form and any additional
applicable criminal disclosure forms as attached hereto as SCHEDULE K along with the executed
contract. Notwithstanding the above, a proposer may qualify for an exemption from Executive Order 1-
2008 if: (i) the County has already conducted a background check and issued a security clearance that is
in full force and effect for those persons; or (ii) if another state or federal agency having appropriate
jurisdiction has conducted a security and/or background clearance or has implemented other protocols or
criteria for this purpose that apply to the subject matter of the agreement that is sought by this RFP and
the same is in full force and effect.
Attached hereto for informational purposes is SCHEDULE K, which the successful proposer will be
required to complete at the time of contract execution.
XXVI. QUALIFIED TRANSPORTATION FRINGE BENEFIT
Executive Order No. 7-2005 requires that Licensees, concessionaires and vendors doing business with
the County enroll in a Qualified Transportation Fringe Program as defined in §132(f)(1) of the IRS Tax
Code for all contracts for goods or services of $100,000 or more in any twelve month period during the
contract term if such Licensee, concessionaire or vendor employs more than 25 individuals who utilize
public transportation and/or pay for commuter parking at least 1 day per week regardless of whether
those employees are engaged in work pursuant to the contract.
Bidders/Proposers shall submit the signed statement which is attached hereto as page 1 of
Schedule "L". Notwithstanding the above, a Proposer may submit to the Commissioner a Waiver
Application in the form attached hereto as page 2 of Schedule L.
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SCHEDULE “A”
Proposer Certification
Proposer Certification
The undersigned agrees and understands that this proposal and all attachments,
additional information, etc. submitted herewith constitute merely an offer to negotiate with
the County of Westchester and is NOT A BID. Submission of this proposal, attachments,
and additional information shall not obligate or entitle the proposing entity to enter into a
service agreement with the County of Westchester for the required services. The
undersigned agrees and understands that the County of Westchester is not obligated to
respond to this proposal nor is it legally bound in any manner whatsoever by the
submission of same. Further, the undersigned agrees and understands that any and all
proposals and negotiations shall not be binding or valid against the County of Westchester,
its directors, officers, employees or agents unless an agreement is signed by a duly
authorized officer of the County of Westchester and approved by the Office of the County
Attorney.
It is understood and agreed that the County of Westchester reserves the right to
reject consideration of any and all proposals including, but not limited to, proposals which
are conditional or incomplete. It is further understood and agreed that the County of
Westchester reserves all rights specified in the Request for Proposals.
It is represented and warranted by those submitting this proposal that except as
disclosed in the proposal, no officer or employee of the County of Westchester is directly
or indirectly a party to or in any other manner interested in this proposal or any
subsequent service agreement that may be entered into.
_________________________________
Proposer Name
By: ______________________________
Name and Title
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ACKNOWLEDGMENT
STATE OF) ) ss.: COUNTY OF ) On the __________ day of ________________ in the year 20__ before me,
the undersigned, personally appeared _____________________________, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
Date: _____________ ___________________________________
Notary Public
20
SOLE CORPORATE OFFICER ACKNOWLEDGMENT STATE OF)
ss.:
COUNTY OF )
On this ________ day of ________________, 20__, before me, the undersigned,
personally appeared _________________________________, personally known to me or
(Name of Sole Officer)
proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to me that he/she executed
the same in his/her capacity as President and sole officer and director of
___________________________, the corporation described in and which executed the
(Name of Corporation)
within instrument, and acknowledged that he/she owns all the issued and outstanding
capital stock of said corporation, and that by he/she signed the within instrument on behalf
of said corporation.
__________________________________
Notary Public
21
CERTIFICATE OF AUTHORITY (CORPORATION)
I, _________________________________________________________, (Officer other than officer signing contract) certify that I am the ___________________________________________________ of (Title) the ___________________________________________________________________ (Name of Corporation) a corporation duly organized and in good standing under the _______________________ (Law under which organized, e.g., the New York Business Corporation Law) named in the foregoing agreement; that ________________________________________________________________________ (Person executing agreement) who signed said agreement on behalf of the ____________________________________ (Name of Corporation) was, at the time of execution ______________________________________________ (Title of such person) of the Corporation and that said agreement was duly signed for and on behalf of said Corporation by authority of its Board of Directors, thereunto duly authorized and that such authority is in full force and effect at the date hereof. ______________________________ (Signature) STATE OF) ) ss.: COUNTY OF ) On the ______ day of ___________ in the year 20__ before me, the undersigned, a Notary Public in and for said State, _______________________________ personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at ___________________________________________________, and he/she is an officer of said corporation; that he/she is duly authorized to execute said certificate on behalf of said corporation, and that he/she signed his/her name thereto pursuant to such authority.
___________________________________
Notary Public
Date
22
CERTIFICATE OF AUTHORITY-LIMITED LIABILITY COMPANY I, ____________________________________________________________, (member or manager other than person executing the agreement) certify that I am a ____________________ of ______________________________________ (member/manager) (Name of Limited Liability Company) (the “LLC”) duly organized under the Laws of the State of ________________________; that (Name of State) ___________________________________ who signed said Agreement on behalf of the LLC (Person Executing Agreement) was, at the time of execution, a manager of the LLC; that said Agreement was duly signed for and on behalf of said LLC and as the act of said LLC for the purposes therein mentioned. ______________________________ (Signature) STATE OF) ss.: COUNTY OF ____________) On the ______ day of ___________ in the year 20__ before me, the undersigned, a Notary Public in and for said State, ________________________________personally
appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the member/manager described in and who executed the above certificate, who being
by me duly sworn did depose and say that he/she resides at ______________________________________, and he/she is a member/manager of said LLC; that he/she is duly authorized to execute said certificate on behalf of said LLC, and
that he/she signed his/her name thereto pursuant to such authority. Date: _______ ________________________________ Notary Public
23
CERTIFICATE OF AUTHORITY
(PARTNERSHIP) I, _________________________________________________________, (Partner other than Partner signing contract) certify that I am a General Partner of ________________________________________, (Name of Partnership a partnership duly organized under __________________________________________, (Law under which partnership is organized) and named in the foregoing Agreement; that___________________________________, (Partner Executing Agreement) who signed said Agreement on behalf of the Partnership was, at the time of execution, a
General Partner of said Partnership; that said Agreement was duly signed for and in behalf
of said Partnership and as the act and deed of said proposer for the purposes therein
mentioned.
______________________________ (Signature) STATE OF) ) ss.: COUNTY OF ) On this _______ day of _____________, in the year 20__ before me, the undersigned, a Notary Public in and for said State, ___________________________ personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the General Partner described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at ______________________________________, and he/she is a general partner of said Partnership; that he/she is duly authorized to execute said certificate on behalf of said Partnership, and that he/she signed his/her name thereto pursuant to such authority. _________________________________ Notary Public
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SCHEDULE A
STANDARD INSURANCE PROVISIONS
(LICENSEE) 1. Prior to commencing work, the Licensee shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Licensee and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Licensee shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Licensee to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Licensee to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Licensee from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Licensee concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any Licenses under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Licensee until such time as the Licensee shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Licensee shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. Note: Other generally recognized forms/certificates may be substituted for the above at the sole discretion of the Director of Risk Management. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of License shall be "All locations in Westchester County, New York." (Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits' Policy, or both, a temporary permit may be
25
issued if the employer completes form C-105.2 in duplicate. A copy of form C-105.2 is sent to the Workers' Compensation Board, Information Unit for investigation and report.) If the employer is self-insured for Workers' Compensation, he should present a certificate from the New York State Workers' Compensation Board evidencing that fact. (b) Employer's Liability with a minimum limit of $100,000. (c) General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or a combined single limit of $1,000,000 (c.s.l), naming the County of Westchester as an additional insured. This insurance shall indicate on the certificate of insurance the following coverages: (i) Premises Contractual. - Licenses. (ii) Broad Form Contractual. (iii) Products and Completed Licenses. (iv) Liquor Liability (v) Food Product Liability (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. (e) Liquor Liability with a minimum limit of liability of $1,000,000.00 combined single limit (CSL) naming the County of Westchester as additional insured. 3. All policies and certificates of insurance of the Licensee shall contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester.
26
(c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Licensee.
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SCHEDULE “B”
Proposer’s Legal Name:
Please respond to the following. If more room is necessary to provide an
adequate response, please feel free to attach additional pages.
1. Describe your company’s experience in providing the services requested by
this RFP.
2. Describe your company’s professional qualifications.
3. Provide the names, qualifications and resume(s) of the individuals who will
provide services pursuant to this RFP.
3. Provide the price proposal for the services requested pursuant to this RFP
using the applicable forms in Schedule C.
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Schedule C
PERCENTAGE LICENSE FEE CONTRACT PROPOSAL FORM
PROPOSAL FORM
Proposal of:
Address:
Date:
To: The County of Westchester Department of Parks, Recreation and
Conservation (the County)
The undersigned hereby offers to enter into the Food, Beverage and Catering Agreement
for The Westchester County Center, White Plains, New York for the specific areas
serviced with food and beverage services as enumerated herein, under the terms and
conditions set forth in this Proposal Form for a term of five (5) years commencing on
January 1, 2014, through December 31, 2018, with the sole option of the County to
extend the agreement for an additional period of five years, with agreement to supply
certain equipment and small wares and to pay to the County the specific license charges
calculated in accordance with the Food/Beverage Contract Agreement and this Proposal
Form, for each contract year, the amounts noted on the proposal chart attached.
The undersigned proposer takes cognizance of the fact that certain guaranteed
commissions and license charges for specified sales and services, as percentage of gross
receipts, are set out in the ensuing page.
29
Schedule C Continued
PERCENTAGE FEE CONTRACT PROPOSAL FORM
Food, Beverage and Catering Concession at the County Center
Fee Proposal
Annual Guaranteed Minimum Fee for the Operation of Food, Beverage and Catering
Concessions:
Period County Center
1/1/14 – 12/31/14 $_________________
(Minimum $155,000)
1/1/15 – 12/31/15 $_________________
(Minimum $155,000)
1/1/16 – 12/31/16 $_________________
(Minimum $155,000)
1/1/17 – 12/31/17 $_________________
(Minimum $155,000)
1/1/18 – 12/31/18 $_________________
(Minimum $155,000)
Signature of Proposer _________________________________
Typed or Printed Name of Proposer _________________________________
Email Address of Proposer _________________________________
Typed or Printed Name of Organization _________________________________
Typed or Printed Address of Organization _________________________________
Typed or Printed Phone Number _________________________________
Failure to provide all such information requested herein may constitute grounds for
disqualification.
30
Schedule C Continued
PERCENTAGE FEE CONTRACT PROPOSAL FORM
Food, Beverage and Catering Concession at the County Center
Fee Proposal
Percentage Fees for the Operation of the Food, Beverage and Catering Concessions –
Catering Only (Catering includes food, beverage and all other miscellaneous sales including but
not limited to tents, linens, décor, entertainment, etc):
Period Percentage Fee
1/1/14 – 12/31/14 _________________%
1/1/15 – 12/31/15 _________________%
1/1/16 – 12/31/16 _________________%
1/1/17 – 12/31/17 _________________%
1/1/18 – 12/31/18 _________________%
Signature of Proposer _________________________________
Typed or Printed Name of Proposer _________________________________
Email Address of Proposer _________________________________
Typed or Printed Name of Organization _________________________________
Typed or Printed Address of Organization _________________________________
Typed or Printed Phone Number _________________________________
Failure to provide all such information requested herein may constitute grounds for
disqualification.
31
Schedule C Continued
PERCENTAGE FEE CONTRACT PROPOSAL FORM
Food, Beverage and Catering Concession the County Center
Fee Proposal
Percentage Fees for the Operation of the Food, Beverage and Catering Concessions –
Vending Only:
Period Vending Percentage Fee
(Beverages & Snacks)
1/1/14 – 12/31/14 _________________%
1/1/15 – 12/31/15 _________________%
1/1/16 – 12/31/16 _________________%
1/1/17 – 12/31/17 _________________%
1/1/18 – 12/31/18 _________________%
Signature of Proposer _________________________________
Typed or Printed Name of Proposer _________________________________
Email Address of Proposer _________________________________
Typed or Printed Name of Organization _________________________________
Typed or Printed Address of Organization _________________________________
Typed or Printed Phone Number _________________________________
Failure to provide all such information requested herein may constitute grounds for
disqualification.
32
Schedule C Continued
PERCENTAGE FEE CONTRACT PROPOSAL FORM
Food, Beverage and Catering Concession the County Center
Fee Proposal
Percentage Fees for the Operation of the Food, Beverage and Catering Concessions –
All other Concessions – Fixed/Mobile:
Period Fixed/Mobile Percenage Fee
1/1/14 – 12/31/14 _________________%
1/1/15 – 12/31/15 _________________%
1/1/16 – 12/31/16 _________________%
1/1/17 – 12/31/17 _________________%
1/1/18 – 12/31/18 _________________%
Signature of Proposer _________________________________
Typed or Printed Name of Proposer _________________________________
Email Address of Proposer _________________________________
Typed or Printed Name of Organization _________________________________
Typed or Printed Address of Organization _________________________________
Typed or Printed Phone Number _________________________________
Failure to provide all such information requested herein may constitute grounds for
disqualification.
33
Schedule C Continued
PERCENTAGE FEE CONTRACT PROPOSAL FORM
Food, Beverage and Catering Concession the County Center
Fee Proposal
Annual Contribution to Marketing, Advertising and Promotional Fund:
Period Marketing Fee
1/1/14 – 12/31/14 $_________________
(Minimum $25,000)
1/1/15 – 12/31/15 $_________________
(Minimum $25,000)
1/1/16 – 12/31/16 $_________________
(Minimum $25,000)
1/1/17 – 12/31/17 $_________________
(Minimum $25,000)
1/1/18 – 12/31/18 $_________________
(Minimum $25,000)
Signature of Proposer _________________________________
Typed or Printed Name of Proposer _________________________________
Email Address of Proposer _________________________________
Typed or Printed Name of Organization _________________________________
Typed or Printed Address of Organization _________________________________
Typed or Printed Phone Number _________________________________
Failure to provide all such information requested herein may constitute grounds for
disqualification.
34
Schedule C Continued
Food, Beverage and Catering Concession at the County Center
Fee Proposal
Food & Related Services Allowance:
(Services to be charged at cost up the maximum allowance)
Period
1/1/14 – 12/31/14 $_________________
(Minimum $15,000)
1/1/15 – 12/31/15 $_________________
(Minimum $15,000)
1/1/16 – 12/31/16 $_________________
(Minimum $15,000)
1/1/17 – 12/31/17 $_________________
(Minimum $15,000)
1/1/18 – 12/31/18 $_________________
(Minimum $15,000)
Signature of Proposer _________________________________
Typed or Printed Name of Proposer _________________________________
Email Address of Proposer _________________________________
Typed or Printed Name of Organization _________________________________
Typed or Printed Address of Organization _________________________________
Typed or Printed Phone Number _________________________________
Failure to provide all such information requested herein may constitute grounds for
disqualification.
35
Schedule C Continued
PERCENTAGE FEE CONTRACT PROPOSAL FORM
Food, Beverage and Catering Concession at the County Center
Fee Proposal
Discount Applied to Events Held by County Departments and affiliated Agencies at
the County Center:
Period County Center
1/1/14 – 12/31/14 ________________%
(Minimum 10%)
1/1/15 – 12/31/15 ________________%
(Minimum 10%)
1/1/16 – 12/31/16 ________________%
(Minimum 10%)
1/1/17 – 12/31/17 ________________%
(Minimum 10%)
1/1/18 – 12/31/18 ________________%
(Minimum 10%)
Signature of Proposer _________________________________
Typed or Printed Name of Proposer _________________________________
Email Address of Proposer _________________________________
Typed or Printed Name of Organization _________________________________
Typed or Printed Address of Organization _________________________________
Typed or Printed Phone Number _________________________________
Failure to provide all such information requested herein may constitute grounds for
disqualification.
36
Schedule D
Financial Information
Current License Fee is the Greater of the Annual Minimum Fee or Percentage of Gross Receipts.
Annual Minimum License Fee
2/1/2009 – 12/31/2009 $ 127,415
1/1/2010 – 12/31/2010 $ 143,000
1/1/2011 – 12/31/2011 $ 148,000
1/1/2012 – 12/31/2012 $ 152,000
1/1/2013 – 12/31/2013 $ 157,000
Percentage Fee
2/1/2009 – 12/31/2009 19%
1/1/2010 – 12/31/2010 19%
1/1/2011 – 12/31/2011 19%
1/1/2012 – 12/31/2012 19%
1/1/2013 – 12/31/2013 19%
Period Reported Gross Receipts – County Center
2/1/2009 – 12/31/2009 $ 697,018.86
1/1/2010 – 12/31/2010 $ 672,905.59
1/1/2011 – 12/31/2011 $ 678,393.92
1/1/2012 – 12/31/2012 $ 734,477.91
Period License Fee Paid for County Center
2/1/2009 – 12/31/2009 $ 132,433.58
1/1/2010 – 12/31/2010 $ 143,000
1/1/2011 – 12/31/2011 $ 148,000
1/1/2012 – 12/31/2012 $ 152,000
Annual Reimbursement Fees Paid to County
Garbage Removal $ 10,000
Electricity $ 10,000
Gas $ 10,000
37
Schedule “D-1” SCHEDULE OF PRICES 2013 – COUNTY CENTER
Item
Selling
Price
Meal
Price
Regular Soda 3.00
Popcorn 4.00
Souvenir Soda
Coors Light / Coors Domestic 6.00
Corona Imported 6.00
Bottled Water 3.00
Regular Coffee / Tea / Cocoa 2.25
Large Coffee
Juice / Milk Box 1.25
Bottled Soda
Hot Dog 3.25 7.50
2 Hot Dogs 9.00
Hot Dog w/extra 3.75 8.00
Hamburger 4.25
Cheese Burger 4.75 9.00
Super Cheese Burger 5.75 8.00
Bacon Cheese Burger
Chicken Sandwich 5.75 9.00
Philly Steak 5.00 9.00
Tender Sandwich 5.75 9.00
3pc Tenders 5.00 9.00
Pretzel 3.00 8.00
Fries 3.50
Fries with Cheese 4.50
Cookie
3 Cookies 2.50
Chips 1.50
Bagel / Danish 1.50
Fruit Salad 4.00
Garden Salad 4.00
Caesar Salad 5.00
Chicken Caesar Salad 6.50
Assorted Sandwiches 6.50
Assorted Wraps
Carvel Cup / Cone 4.00
Sprinkles .75
Concert Wine 10.00
Concert Double Shot 20.00
Concert Liquor 12.00
Concert Beer 8.00
Cheese Pizza Slice 3.75
Pepperoni Pizza
38
SCHEDULE D-2
List of Fixed Equipment
WESTCHESTER COUNTY CENTER
MAIN KITCHEN
QUANTITY ITEM
1 2 Compartment Sink
1 3 Compartment Sink
1 Dishwasher Area Work Table
5 Cash Registers
4 Hand Sinks
1 Lang Grill
1 Imperial 6 Burner Stove
1
2.5 ft x 8.5 ft Steel Table with Sink (Coffee
Area)
1 2.5 ft x 2.5 ft Steel Table (Coffee Area )
1 10 ft x 3ft Steel Table with Warmer
1 8 ft x 3 ft with Sink
1 5.5 ft x 2.5 ft Steel Table
UPPER LEVEL CONCESSION
QUANTITY ITEM
4 Cash Registers
EXHIBIT HALL CONCESSION
QUANTITY ITEM
1 Cash Register
39
Schedule E
Required Improvements
Required Improvements at Westchester County Center
1. Upgrade energy efficient LED lighting to meet industry standards.
2. Furnish and install new décor to make the concession stands at all levels
aesthetically pleasing.
3. Furnish and install new digital menu boards for all concession stands.
4. Replace existing acoustic tiles inside the concession areas.
5. Improve signage to increase traffic at concession stands.
6. Paint the interior and exterior of all concession stands to increase traffic and make
more aesthetically appealing.
7. On second floor concession furnish and install hood, ansul system, exhaust fan in
compliance with the fire and electrical codes in order to allow for consistency of
products sold on upper and ground floor levels.
40
SCHEDULE F
REFERENCES
a. Proposer’s Legal Name
b. Address
c. Year company was founded
d. Total Number of Employees in organization
e. References: Indicate three (3) current client references for similar services, include
1) Client Name
2) Client Address
3) Contact Name, Title and Telephone Number
4) Description of Services
41
SCHEDULE “G”
Westchester County Center – Attendance By Month
January 2012 – August 2013 Attendance
Date Event Number of
Attendees
2012 1/3
DSS Training 40
1/4 WCDOHR Meeting 40
1/8 NY Metro Reptile Show 3,446
1/9 WECA Monthly Meeting 80
1/11 NY Turf & Landscape Show 2,000
1/13 TNA Wrestling 1,335
1/14 Main Street Boxing 1,146
1/14 Playland Job Fair 250
1/15 Indoor Farmers’ Market 200
1/17 Dance for the Disabled 700
1/18 BRP Conservancy Monthly Meeting 25
1/18 PRC Tennis Meeting 25
1/18-19 PRC Volleyball 156
1/20, 1/27 Young Marines Meeting 40
1/20-22 Stamp & Coin Show 945
1/20-22 Baseball Card Show 1,678
1/25 PRC GM Training 50
1/27 Aging Network Meeting 200
1/28 Bridal Show 820
1/29 Toy & Train Show 1,464
2/1 Dept. of Corrections’ Graduation 400
2/3 and 2/15 Young Marines 60
2/5 PRC annual Staff Conference 300
2/7 Friends Board Meeting 25
2/9 -10 ANTIQUE SHOW 350
2/10 Indoor Farmers’ Market 200
2/13 WECA Monthly Meeting 80
2/14 Harlem Globetrotters 3,500
2/13
2/13
Board of Legislators – Public hearing
Hurricane Sandy – FEMA ORIENTATION
400
30
2/16-18 The Royal Hanneford Circus 20,000
2/19 Golden Chordsmen 75
2/20 WRAPS – Vendor Luncheon 150
2/23 MADD/Probation Meeting 400
42
2/24 REPTILE SHOW 4500
2/25-28 Section One Basketball 4,400
3/1-6 Section I Basketball 18,713
3/8, 3/13 PRC General Maintenance Training 60
3/9, 3/16, 3/23, 3/30 The Young Marines 120
3/10 Westchester Residential Opportunities 500
3/10 Playland Job Fair 180
3/10-11 The Journal News Golf Show 1,793
3/12 WECA 70
3/12-15, 3/19-21, 3/26-28 PRC Basketball Tournament 5,805
3/14 WRAPS Luncheon 100
3/14 FEMA Orientation 40
3/17-18 Home Show 350
3/20, 3/21 Verizon Blood Drive 100
3/21 BRP Conservancy Meeting 25
3/23-25 Baseball Card Show 1,882
3/24 Playland Training 760
3/24 PRC Recreation Meeting 30
3/25 Indoor Farmers’ Market 753
3/25 International Food show 850
3/26 DOT Mobility Advisory Forum 30
3/28 DSS Public Hearing 400
3/28 PRC Recreation Meeting 12
3/28 Capital Projects Meeting 20
3/30 CE MWOB Event 300
3/31 100th Anniversary of Girl Scouts 3,000
4/3 PRC Monthly Board Meeting 25
4/3 Friends Luncheon 25
4/6 Young Marines 75
4/6-8 International Jewelry & Gem Show 1,167
4/7 Gluck Solutions Seminar 70
4/9 Golden Chordsmen 80
4/9 WECA Monthly Meeting 85
4/9-10 PRC Volleyball 220
4/11 Local 1103 Meeting 150
4/12 MADD/Probation Meeting 540
4/12-15 Disney Live 9,243
4/13 Senior Programs & Services Meeting 150
4/13-15 Stamp & Coin Show 500
4/16 CE Section I Award Ceremony 50
4/17 Wheelchair Basketball Tournament 80
4/18 WRAPS Meeting –DOH Camp 120
4/18 WRAPS Board Meeting 25
43
4/20 Marijuana Prevention Day 50
4/21 WHUD Kids’ Fair 1,820
4/21 Best Friends Meeting 50
4/22 NY Metro Reptile Show 4,453
4/22 Autism Fair 200
4/25 Franchising Expo 100
4/25 Employee Golf League Meeting 25
4/28-29 Super Pet Adoption 1,300
4/30 Westchester –Putnam College Conference 4,000
5/2 Salute to Seniors 1,000
5/5 Nyack College Commencement 4,400
5/6 Aun Es Tiempo De Restauracion 900
5/7 Wraps Meeting 12
5/8 Spring Dance for the Disabled 900
5/9 WCDOP Workshop 30
5/11-12 Baseball Card Show 1,023
5/13 Eastern Buddha’s Study Association 6,500
5/14, 5/22, 5/24 General Maintenance Training 75
5/14 WECA Monthly Meeting 80
5/15 Beach Boys 50th Anniversary Concert 4,400
5/16 Wraps Board Meeting & Luncheon 72
5/17 Westchester Community College
Commencement
4,400
5/17 Westchester County Police Memorial 600
5/18 Purchase College Commencement 4,400
5/19 Butler Fundraiser 125
5/20 Dominican College Commencement 4,400
5/22 WCDOF Meeting 50
5/22 PRC Meeting 25
5/23 Mercy College Commencement 8,800
5/24 WC Board of Elections Meeting 60
5/24 WCDCMH Annual Meeting 270
5/27 Victory Tabernacle of Deliverance
Fundraiser
120
5/30 PRC Capital Projects Meeting 12
5/31 College of Westchester Commencement 4,000
6/1-2 CFA Exams 450
6/4 WCDOT Meeting 40
6/5 Stop DWI Youth Program 200
6/5 PRC East Greenway Meeting 10
6/9 The Salvation Army 2,000
6/10 The Salvation Army Graduation 8,800
6/11 WECA Monthly Meeting 75
6/13 One Stop Employment Graduation 75
6/14 BOCES Graduation 1,800
44
6/14 MADD/Probation Meeting 351
6/15 Sanford Brown Graduation 4,400
6/15 Senior Programs & Services Meeting
155
6/16 PRC Summer Music Camp Orientation 125
6/16 Ecuadorian Festival 1,300
6/19 Westchester Swimming Association
Meeting
70
6/21 Yonkers HS Graduation 2,500
6/21 White Plains HS Graduation 4,400
6/22 Mt. Vernon HS Graduation 4,400
6/22 Woodlands HS Graduation 2,000
6/23 Lakeland HS Graduation 4,400
6/23 Walter Panas HS Graduation 4,400
6/24 5 Yonkers Public HS Graduation 17,500
6/25-29 Summer Music Camp 210
6/25-29 Slam Dunk Basketball Camp 61
6/25 Golden Chordsmen 50
6/27 Battle of the Bands Meeting 12
6/28 PRC Hall of Fame Meeting 12
6/29 Young Marines Meeting 75
7/2-3, 7/5-6, 7/9-13, 7/16-
207/23-27, 7/30-31
Summer Music Camp 940
7/9, 7/16, 7/23, 7/30 Golden Chordsmen Practice 320
7/8 Reptile Show 3,664
7/9-13, 7/16-20, 7/23-27 Slam Dunk Basketball Camp 423
7/16 Westchester Swimming Association 70
7/27 Boston Concert 2,440
7/23 PRC Monthly Board Meeting 25
7/25 PRC Capital Projects Meeting 20
7/28 Secret Hidden Treasures Indoor Market 120
7/30-31 Volleyball Camp 210
8/ 1-3 Summer Music Camp 210
8/1-3 & 8/6-10 Volleyball Camp 213
8/6, 8/13, 8/20, 8/27 Golden Chordsmen Practice 320
8/12 Rock N Blues Fest 1,288
8/16 Senior Programs & Services Meeting 150
8/16-19 East Coast National Baseball Card Show 3,003
8/24-26 International Gem & Jewelry Show 1,422
8/30 MADD Probation Meeting 450
9/4, 9/10, 9/17 Golden Chordsmen 225
9/9 NY Metro Reptile Show 4,105
9/10 EFCU Annual Meeting 40
9/10 WECA Monthly Meeting 80
45
9/12 WC Blood Drive 100
9/12 WCDOT Meeting 50
9/13 Krasdale Food Show 1,900
9/16 Martial Arts Show 150
9/18, 9/19 Flu Clinic 60
9/19 BRP Conservancy 20
9/20 Advanced Job Fair for Healthcare
Professionals
600
9/21 WCDOP Seminar 120
9/21 WC Senior Programs and Services 175
9/22 WWE Live 4,475
9/26 PRC Capital Projects Meeting 12
9/28-30 Stamp & Coin Show 750
9/29 Family Fun Day/March of Dimes 300
10/2 Golden Harvest Dance 500
10/2 Magic Aire Training 40
10/3 Democratic Convention 300
10/4, 10/9, 10/16, 10/17 PRC GM Training 100
10/5-7 Baseball Card Show 1,297
10/7 PRC Marathon (BRP) 100
10/9 WECA Monthly Meeting 100
10/11 MADD/Probation Meeting 300
10/12-14 Westchester Fine Craft Show 1,895
10/14 Sign Language Recourses 40
10/17 Solid Waste Commission Meeting 50
10/17 Local 1103 Union Meeting 300
10/18 Senior Law Day 500
10/18 Il Volo in Concert 2,734
10/20 Green Smoothie Girl Training Class 200
10/21 Blythdale Food Fair 300
10/21 Westchester Home Show 636
10/22 Westchester-Putnam College Conference 2,834
10/23 Westchester County Planning Department 200
10/25-28 Sesame Street Live 6,163
11/1, 11/5 Nutcracker Rehearsals 100
11/2 End of Life Conference 300
11/4 Chocolate World Expo 2,500
11/4 Cheerleading Interviews 20
11/5 WECA Meeting 75
11/5-30 FEMA – Disaster Recovery Center 1,000
11/8 Harold Levinson Fall Buying Show 2,200
11/10-11 Westchester Collector Gun & Knife Show 3,500
11/14 Downstate Conference 325
11/15 MTA Public Hearing 50
46
11/17-18 Westchester Feline Club 2,124
11/18 Indoor Farmers’ Market 100
11/19-20 Cheerleading Tournament 3,192
11/23-25 Baseball Card Show 1,264
11/23-24 Stamp & Coin Show 850
11/25 Metro Reptile Show 3,627
11/27 The Leukemia & Lymphoma Society 800
11/29 MHRSP Public Meeting 100
11/29 DCMH Fall Forum 175
11/30 Gem & Jewelry Show 300
12/1-24, 12/26-31 FEMA Disaster Recovery Center
12/1-2 International Gem & Jewelry Show
12/1 Senior Programs & Services 450
12/4 Local 1103 Meeting 126
12/5 County Blood Drive
12/5 Board of Legislature Meeting 700
12/9 Indoor Farmers’ Market 800
12/9 Toy & Train Show
12/10-13 Nutcracker Rehearsal 300
12/10 WECA Meeting
12/11, 18 General Maintenance Training
12/12 WJCS Conference
12/13 MADD/Probation Meeting 310
12/14-16 The Nutcracker Ballet 6,628
12/18 Dance for the Disabled 847
12/20 Department of Finance Annual Meeting 25
12/20 PRC Board Meeting 25
12/26-28, 30 Slam Dunk Basketball Tournament 5,572
2013
01/03
Rapid Response Meeting
40
01/06 Indoor Farmers’ Market 276
01/06 Reptile Show 3,714
01/07 PRC Recreation Meeting 20
01/08-09 PRC Volleyball 225
01/14 WECA Monthly Meeting 80
01/15-16 General Maintenance Aerial Training 25
01/15 Valentines Dance for the Disabled 650
01/16 BRP Conservancy Meeting 25
01/16 Empire State Forum 65
01/18-20 Stamp, Coin and Paper Money Show 725
01/18-20 Baseball Card Show 2,097
01/19 Playland Job Fair 250
01/22-23,30-31 General Maintenance Skid steer Training 40
01/23 Hurricane Sandy Orientation 40
47
01/23 Women’s Tennis Captain 25
01/23 Men’s Tennis Captain 25
01/23 West. County DOT Fair Hearing 20
01/24,29 West. County Health Dept. Flu Shot Clinic 65
01/25 Senior Programs and Services 25
01/26 Bridal Show 481
01/27 Toy & Train Show 1,355
01/29 County Garage- W.E.S.T. Committee 100
01/30 Salute to Seniors Meeting 20
02/01 WC Dept. of Corrections Graduation 400
2/5 PRC Conference 275
2/5 Friends of Parks Meeting 25
02/08-10 JMK Antique Show 352
2/10 Indoor Farmers Market 326
02/11 WECA monthly Meeting 75
02/12 Harlem Globetrotters 3,290
02/13 Hurricane Sandy Orientation 40
02/13 Board of Legislators Committee 160
02/16-18 Royal Hanneford Circus 19,500
02/19 Golden Chordsmen Practice 75
02/20 WRAPS Vendor Luncheon 50
02/21 MADD Meeting 460
02/24 Reptile Show 4,091
02/25-28 Section One Basketball Tournament 8,294
03/01-03 Section One Basketball Tournament 9,766
03/05-07,11-14,18-20 PRC Basketball tournament 3,558
03/9-10 Journal News Golf Show 1,747
03/09 Playland Job fair 250
03/09 Westchester Residential Opportunities 300
03/10 Westchester County Farmers Market 327
03/11 WECA Monthly Meeting 80
03/12 SADD- Youth Seminar/Youth Coalition 250
03/13 West. County DOT Meeting 30
03/14 WCDEF Meeting 24
03/15 WCDSS Meeting 80
03/16-17 Jenks Production Inc. Home Show 1,040
03/19,25,28 PRC GM Confined Space Refresher 30
03/20 BRP Conservancy Meeting 25
03/21 Rec Trac user meeting 1,050
03/22-24 Baseball Card Show 1,359
03/23 Playland Leadership training 50
03/25 Golden Chordsmen Practice 75
03/26 Operation Prom 100
03/27 Aretha Franklin Concert 2,392
48
03/31 WWE Road To Wrestle mania 4,224
04/03 BOL Meeting 150
04/4-07 Disney Live Mickey’s Music Festival 1,271
04/08 WECA Monthly Meeting 80
04/08-09 PRC Volley Ball Tournament 110
04/09 County Executive’s Office- Safer
Communities
360
04/10 West. County Senior Programs -Senior
Council
200
04/11 MADD Meeting 400
04/12-14 JGM Show 989
04/12-14 Stamp, Coin & Paper Money Show 1,250
04/16-17 County Executives’ Office- Blood Drive 80
04/17 Purchase College- Shadow Box Testing 12
04/19 Beatles Rain 1,800
04/20 WHUD Kids Fair 4,000
04/20 Best Friends Pet Adoption Meeting 200
04/21 Reptile Show 3,667
04/23 PRC- Recreation Wheelchair Basketball 75
04/24 Friends of Noam Bramson 40
04/24 WRAPS Camp Workshop 400
04/24 West. Democratic Convention 2,500
04/26-28 Best Friends Pet Adoption Expo 3,500
04/29 West- Putnam College Conference 2,500
5/7 Spring Dance for the Disabled 500
5/8 WRAPS 100
5/8 WCDOH Meeting 400
5/9 WCDCMH Meeting 200
5/11 Nyack College Graduation 4,400
5/13 WECA Monthly Meeting 75
5/14 Westchester Digital Summit 400
5/16 Police Memorial 400
5/17 Purchase College 4,400
5/18 Private Wedding 200
5/19 Dominican Graduation 4,400
5/21 Paul Anka Concert 2,284
5/22 Mercy College Graduation 8,800
5/23 Westchester Community College
Graduation
4,400
5/24 Fight Night Boxing Event 1,050
5/29 The Price Is Right Live 2,387
5/30 College of Westchester Graduation 4,400
6/1 CFA Institute Exams 700
6/5 Deputy County Executive Meeting 120
49
6/6 CE & DSS Meeting 400
6/7 Senior Programs & Services Meeting 154
6/8 Summer Music Camp Parent Meeting 125
6/10 WECA Meeting 75
6/11 & 6/19 PRC Parks Summer Training 150
6/13 BOCES Graduation 1,800
6/14 Sanford Brown Graduation 3,200
6/16 Salvation Army Graduation 8,800
6/18 County Executive Hurricane Sandy
Meeting
150
6/19 Ethical Considerations in Real Estate &
Title Ins.
45
6/20 Yonkers HS Graduation 3,400
6/20 White Plains HS Graduation 4,400
6/21 Mt. Vernon HS Graduation 4,400
6/21 Woodlands HS Graduation 2,400
6/22 Lakeland HS Graduation 4,400
6/22 Walter Panas HS Graduation 4,400
6/23 Yonkers HS Graduations (5) 15,000
6/24 Golden Chordsmen 75
6/25 Westchester Swimming Association
Meeting
30
6/26 PRC Hall of Fame 25
6/27 WC Planning Dept. 200
6/27 MADD/Probation Meeting 425
7/1-3, 7/5, 7/8-12, 7/15-19,
7/22-26
Slam Dunk Basketball Camp 2,176
7/1-3, 7/5, 7/8-12, 7/15-19,
7/22-26, 7/29-31
Summer Music Camp 4,202
7/1-3, 7/8-12, 7/15-19, 7/22-
26
Open Gym 988
7/6 TNA Wrestling 1,500
7/7 Reptile Show 3,800
7/15, 7/22, 7/29 Chordsmen 225
7/9 Department of Corrections Graduation 400
7/15 Westchester Swimming Association 50
7/17 Airport Master Plan Meeting 75
7/20 Ecuadorian Festival 1,500
7/24 WCDDOT Transportation Meeting 40
7/29-31 Summer Volleyball Camp 300
8/1-2, 8/5-9 Summer Music Camp 1,337
8/1-2, 8/5-9 Volleyball Camp 644
8/5, 8/12, 8/19, 8/26 Golden Chordsmen 300
8/15-18 East Coast National Baseball Card Show 3,221
50
8/21 PRC Administration - Sandy Crew
Orientation
50
8/22 MADD/Probation Meeting 400
51
SCHEDULE H
QUESTIONNAIRE REGARDING BUSINESS ENTERPRISES
OWNED AND CONTROLLED BY PERSONS OF COLOR OR WOMEN
As part of the County’s program to encourage the meaningful and significant participation of
business enterprises owned and controlled by persons of color or women in County contracts, and
in furtherance of Local Law No. 27-1997 we request that you answer the questions listed below.
The term persons of color means a United States citizen or permanent resident alien who is and
can demonstrate membership of one of the following groups: (a) Black persons having origins in
any of the Black African racial groups; (b) Hispanic persons of Mexican, Puerto Rican,
Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin
regardless of race; (c) Native American or Alaskan native persons having origins in any of the
original peoples of North American; or (d) Asian or Pacific Islander persons having origins in any
of the Far East countries, South East Asia, the Indian sub-continent or the Pacific Islands.
An enterprise owned and controlled by persons of color or women means a business enterprise
including a sole proprietorship, limited liability partnership, partnership, limited liability
corporation or corporation that is (a.) at least 51% owned by one or more persons of color or
women; (b.) an enterprise in which such ownership by persons of color or women is real,
substantial and continuing; (c.) an enterprise in which such ownership interest by persons of color
or women has and exercises the authority to control and operate, independently, the day-to-day
business decisions of the enterprise; and (d.) an enterprise authorized to do business in this state
which is independently owned and operated.
In addition, a business enterprise owned and controlled by persons of color or women shall be
deemed to include any business enterprise certified as an MBE or WBE pursuant to Article 15-a
of the New York State Executive Law and implementing regulations, 9 NYCRR subtitle N Part
540 et seq. , or as a small disadvantaged business concern pursuant to the Small Business Act, 15
U.S.C. 631 et seq., and the relevant provisions of the Code of Federal Regulations as amended.
1. Are you a business enterprise which is owned and controlled by persons of color or women in
accordance with the standards listed above?
___________ No
___________ Yes (as a business owned and controlled by persons of color)
___________ Yes (as a business owned and controlled by women)
2. If you are a business owned and controlled by persons of color, please specify, the minority
classifications which apply: _________________________________________
3. Are you certified with the State of New York as a minority business enterprise (“MBE”) or a
women business enterprise (“WBE”)?
___________ No
52
___________ Yes (as a MBE)
___________ Yes (as a WBE)
4. If you are certified with the State of New York as an MBE, please specify the minority
classifications which apply: _________________________________________________
5. Are you certified with the Federal Government as a small disadvantaged business concern?
___________ No
___________ Yes Name of Firm/Business Enterprise: ___________________________________________
Address: _______________________________________________________________
Name/Title of Person completing MBE/WBE Questionnaire:_______________________
Signature: _____________________________________________________________________
SCHEDULE I
CERTIFICATION REGARDING BUSINESS DEALINGS
WITH NORTHERN IRELAND
A. The Contractor and any individual or legal entity in which the Contractor holds a ten percent
(10%) or greater ownership interest and any individual or legal entity that holds a ten percent
(10%) or greater ownership interest in the Contractor (a) has no business operations in Northern
Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern
Ireland in accordance with the MacBride Principles.
B. For purposes of this Certification, “MacBride Principles” shall mean those principles relating
to nondiscrimination in employment and freedom of workplace opportunity which require
employers doing business in Northern Ireland to:
(1) increase the representation of individuals from underrepresented religious
groups in the work force, including managerial, supervisory, administrative,
clerical and technical jobs;
(2) take steps to promote adequate security for the protection of employees from
underrepresented religious groups both at the workplace and while traveling to and
from work;
(3) ban provocative religious or political emblems from the workplace;
(4) publicly advertise all job openings and make special recruitment efforts to
attract applicants from underrepresented religious groups;
(5) establish layoff, recall and termination procedures which do not in practice
favor a particular religious group;
(6) abolish all job reservations, apprenticeship restrictions and differential
employment criteria which discriminate on the basis of religion;
(7) develop training programs that will prepare substantial numbers of current
employees from underrepresented religious groups for skilled jobs, including the
expansion of existing programs and the creation of new programs to train, upgrade
and improve the skills of workers from underrepresented religious groups;
(8) establish procedures to assess, identify and actively recruit employees from
underrepresented religious groups with potential for further advancement; and
(9) appoint a senior management staff member to oversee affirmative action efforts
and develop a timetable to ensure their full implementation.
C. For purposes of this Certification, “Northern Ireland” shall be understood to be the six
counties partitioned from the Irish Province of Ulster, and administered from London and/or from
Stormont.
D. The Contractor agrees that the warranties and representation in paragraph “A” are material
conditions of this Agreement. If the County receives information that the Contractor is in
violation of paragraph “A”, the County shall review such information and give the Contractor
opportunity to respond. If the County finds that such a violation has occurred, the County may
declare the Contractor in default, and/or terminate this Agreement. In the event of any such
termination, the County may procure the supplies, services or work from another source in
accordance with applicable law. The Contractor shall pay to the County the difference between
the contract price for the uncompleted portion of this Agreement and the cost to the County of
completing performance of this Agreement either by itself or by engaging another Contractor. If
this is a contract other than a construction contract, the Contractor shall be liable for the
difference in price if the cost of procurement from another source is greater than what the County
would have paid the Contractor plus any reasonable costs the County incurs in any new
procurement and if this is a construction contract, the County shall also have the right to hold the
Contractor in partial or total default in accordance with the default provisions of this Agreement.
In addition, the Contractor may be declared not to be a responsible bidder or Proposer for up to
three (3) years, following written notice to the Contractor, giving the Contractor the opportunity
for a hearing at which the Contractor may be represented by counsel. The rights and remedies of
the County hereunder shall be in addition to, and not in lieu of, any rights and remedies the
County has pursuant to this Agreement or by operation of law or in equity.
Agreed:
Name of Contractor:
By (Authorized Representative):
Title: Date:
SCHEDULE J
REQUIRED DISCLOSURE OF RELATIONSHIPS TO COUNTY
(Prior to execution of a contract by the County, a potential County contractor must
complete, sign and return this form to the County)
Contract Name and/or ID No.:
(To be filled in by County)
Name of Contractor:
(To be filled in by Contractor)
A.) Related Employees:
1. Are any of the employees that you will use to carry out this contract with
Westchester County also an officer or employee of the County, or the spouse, or
the child or dependent of such County officer or employee?
Yes ______ No ______
If yes, please provide
details:________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________
B.) Related Owners:
1. If you are the owner of the Contractor, are you or your spouse, an officer or
employee of the County?
Yes ______ No ______
If yes, please provide
details:________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________
To answer the following question, the following definition of the word “interest”
shall be used:
Interest means a direct or indirect pecuniary or material benefit accruing
to a county officer or employee, his or her spouse, child or dependent,
whether as the result of a contract with the county or otherwise. For the
purpose of this chapter, a county officer or employee shall be deemed to
have an "interest" in the contract of:
i. His/her spouse, children and dependents, except a contract of
employment with the county;
ii. A firm, partnership or association of which such officer or employee is a
member or employee;
iii. A corporation of which such officer or employee is an officer, director
or employee; and
iv. A corporation of which more than five (5) percent of the outstanding
capital stock is owned by any of the aforesaid parties.
2. Do any officers or employees of the County have an interest in the Contractor or in
any subcontractor that will be used for this contract?
Yes ______ No ______
If yes, please provide
details:________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________
Authorized Company Official shall sign
below and type or print information below
the signature line:
Name:
Title:
Date:
SCHEDULE “K”
TO BE COMPLETED BY SUCCESSFUL PROPOSER
ONLY
CONTRACTOR
CRIMINAL BACKGROUND DISCLOSURE INSTRUCTIONS
Pursuant to Executive Order 1-2008 and subject to the applicable provisions of New York
Correction Law §§ 752 and 753, the County shall have the right to bar the following “Persons
Subject to Disclosure” (Persons shall mean individuals or legal entities) from providing work or
services to the County or from being on County property:
(a) Consultants, Contractors, Licensees, Lessees of County owned real property, their principals,
agents, employees, volunteers or any other person acting on behalf of said Contractor, Consultant,
Licensee, or Lessee who is at least sixteen (16) years old, including but not limited to
Subconsultants, Subcontractors, Sublessees or Sublicensees who are providing services to the
County; and
(b) Any family member or other person, who is at least sixteen (16) years old, residing in the
household of a County employee who lives in housing provided by the County located on County
property.
If any of the above mentioned Persons Subject to Disclosure has either one of the following:
(a) A conviction of a crime (all felonies and misdemeanors as defined under the New York State
Penal Law or the equivalent under Federal law or the laws of any other State);
(b) A pending criminal proceeding for a crime(s) as defined above; or
(c) A refusal to answer such questions.
Where the following criteria apply:
(a) If any of the Persons Subject to Disclosure providing work or services to the County in relation
to a County Contract are not subject to constant monitoring by County staff while performing
tasks and/or while such persons are present on County property pursuant to the County Contract;
and
(b) If any of the Persons Subject to Disclosure providing work or services to the County, in
relation to a County Contract may, in the course of providing those services, have access to
sensitive data (for example, Social Security Numbers and other personal/secure data); facilities
(secure facilities and/or communication equipment); and/or vulnerable populations (for example,
children, seniors and the infirm).
Accordingly, the Contractor is required to review these Instructions and complete Schedule “I-1”
as well as any other applicable criminal disclosure forms (i.e., “Schedules I-2” through “I-5,”
together with “I-1,” collectively referred to as “Disclosure Forms”).
However, the following Persons Subject to Disclosure are exempt from Executive Order 1-2008:
(i) those persons for whom the County has already conducted a background check and issued a
security clearance that is in full force and effect; or (ii) those persons for whom another state or
federal agency having appropriate jurisdiction has conducted a security and/or background
clearance or has implemented other protocols or criteria for this purpose that apply to the subject
matter of this Contract that is in full force and effect.
If a Person Subject to Disclosure is exempt from the disclosure described in Executive Order 1-
2008 because of either “i” or “ii” above, then the Contractor shall notify the Procuring Officer1 in
the respective Department of its claim of exemption and it shall be the responsibility of the
Procuring Officer to verify each exemption. If the Procuring Officer determines that the
Contractor is exempt under sections “i” or “ii” above, the Procuring Officer shall confirm same
with the Contractor and maintain a written record including all supporting details of the
verification of and acknowledgement of said exemption.
If the Procuring Officer determines that the Contractor is not exempt under sections “i” or “ii”
above, the Procuring Officer shall notify the Contractor in writing, and the appropriate Disclosure
Forms shall be required.
It shall be the Contractor’s duty to disclose and to inquire of each and every Person Subject to
Disclosure, whether they have been convicted of a crime or whether they are currently subject to
pending criminal charges. It shall be the duty of the Contractor to submit a completed Certification
Form annexed hereto as Schedule “K-1,” which certifies that the Contractor and every Person
Subject to Disclosure has been asked whether they have been convicted of a crime or are currently
subject to pending criminal charges.
Should the Contractor or any Person Subject to Disclosure (also referred to as “Person”)
affirmatively advise that they have been convicted of a crime said Person shall be identified in
Schedule “I-2” and shall complete Schedule “K-3,” entitled, “Criminal Background Disclosure
Form For Persons Who Have Been Convicted of A Crime.”
Should the Contractor or any Person Subject to Disclosure advise that they are subject to pending
criminal charges, said Person shall be identified in Schedule “K-2” and shall complete the form
annexed hereto as Schedule “K-4,” entitled, “Criminal Background Disclosure Form For Persons
Who Are Subject to Pending Criminal Charges.”
Should the Contractor or any Person Subject to Disclosure refuse to answer whether they have
been convicted of a crime or are currently subject to pending criminal charges, the name and title of
said Person(s) shall be listed in Schedule “K-5.”
It shall be the duty of the Contractor to submit to the Procuring Officer all of the attached
applicable Disclosure Forms prior to the commencement of this Contract. It is the responsibility of
each Contractor to assure that all of their proposed Subcontractors complete the criminal
background and disclosure certification forms and submit the forms to the Procuring Officer before
they will be approved to perform work on the contract.
Under no circumstances shall the existence of a language barrier serve as a basis for the waiver of
or an exception to this obligation. If the Contractor needs to obtain translation services to fulfill
this obligation, it shall be at the sole cost and expense of the Contractor.
The Contractor shall be required to make the same inquiry and forward updated Disclosure Forms
1 “Procuring Officer” shall mean the head of the department or the individual(s) authorized by the
head(s) of the department(s) undertaking the procurement and with respect to those matters delegated to
the Bureau of Purchase and Supply pursuant to Section 161.11(a) of the Laws of Westchester County, the
Purchasing Agent.
to the Procuring Officer regarding additional Persons Subject to Disclosure in connection with this
Contract during the term of this Contract. NO NEW PERSON SUBJECT TO DISCLOSURE
SHALL PERFORM WORK OR SERVICES OR ENTER ONTO COUNTY PREMISES UNTIL
THE UPDATED DISCLOSURE FORMS ARE FILED WITH THE PROCURING OFFICER.
THE CONTRACTOR HAS A CONTINUING OBLIGATION TO MAINTAIN THE
ACCURACY OF THE DISCLOSURE FORMS FOR THE DURATION OF THIS
CONTRACT, INCLUDING ANY AMENDMENTS OR EXTENSIONS THERETO AND
SHALL PROVIDE ANY UPDATES TO THE COUNTY AS NECESSARY TO COMPLY
WITH THE DISCLOSURE REQUIRED BY EXECUTIVE ORDER 1-2008.
Any failure by the Contractor to comply with the disclosure requirements of Executive Order 1–
2008, absent proof of exemption deemed satisfactory by the County Procuring Officer, may be
considered by the County a material breach by the Contractor and shall be grounds for immediate
termination of this Agreement by the County.
Contract # _________________
Name of Contractor/Subcontractor_________________________
SCHEDULE “K-1”
CONTRACTOR AND ALL PERSONS SUBJECT TO DISCLOSURE2 CERTIFICATION FORM
IF THIS FORM IS COMPLETED BY A SUBCONTRACTOR CHECK HERE3 _________
I, ____________________________________________________________________,
(Name of Person Signing Below)
(CHECK APPLICABLE ANSWER BELOW)
_____ a principal of the Contractor & authorized to execute this Certification Form;
_____ a representative of the Contractor & authorized to execute this Certification Form;
(CHECK APPLICABLE RESPONSES FOR SECTIONS A AND B BELOW)
A. PRINCIPAL/REPRESENTATIVE/CONTRACTOR DISCLOSURE
I am a principal or a representative of the Contractor authorized to execute this Certification Form and
based upon my own personal knowledge or having made all necessary efforts to obtain the facts my
answers to the questions below are as follows:
1) Have you or the Contractor ever been convicted of a crime (all felonies and misdemeanors as defined
under the New York State Penal Law or the equivalent under Federal law or the laws of any other State)
including, but not limited to, conviction for commission of fraud, embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements or receiving stolen property?
_____Yes ____No
2) Are you or the Contractor subject to any pending criminal charges (all felonies and misdemeanors as
defined under the New York State Penal Law or the equivalent under Federal law or the laws of any other
State)?
_____Yes ____No
B. PERSONS SUBJECT TO DISCLOSURE
I hereby certify that all of the Persons Subject to Disclosure, as previously defined under this Contract that
will or are intended to provide services, work or intended to be on County property under this Contract
have been asked the following questions and their responses are as follows:
2 Persons Subject to Disclosure are identified and defined in Schedule “K,” pursuant to Executive
Order 1-2008. 3 If this Certification Form is being completed by a Subcontractor, please consider all references to
“Contractor” to mean “Subcontractor.”
1) Have you ever been convicted of a crime (all felonies and misdemeanors as defined under the New York
State Penal Law or the equivalent under Federal law or the laws of any other State) including, but not
limited to, conviction for commission of fraud, embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements or receiving stolen property?
_____Yes _____No
2) Are you subject to any pending criminal charges (all felonies and misdemeanors as defined under the
New York State Penal Law or the equivalent under Federal law or the laws of any other State)?
_____Yes _____No
If the answer is “yes,” to any of the questions in Sections “A,” or “B” above, please list the names and
titles of all such Persons in Schedule “K-2.”
In addition, the Persons identified in Schedule “K-2” must complete Schedule “K-3” or “K-4.”
Schedule “K-3” must be completed by those Persons who have previously been convicted of a crime.
Schedule “K-4” is provided for those Persons who are subject to pending criminal charges.
If a Person refuses to answer any of the questions in Sections “A” or “B” above, the name and title of said
Person shall be listed in Schedule “K-5.”
CONTRACTOR CERTIFICATION
I hereby certify that all of the information provided herein is true and accurate and that all additional
required Disclosure Forms have been completed.
It is understood and agreed that to the extent that new Persons Subject to Disclosure are proposed to be
added after execution of this Certification Form, the Contractor shall not utilize such persons or permit
said individual onto County property until the updated Disclosure Forms are filed with the Procuring
Officer.
No Person Subject to Disclosure shall perform work or services or enter onto County premises until the
Disclosure Forms are filed with the Procuring Officer.
It is further understood and agreed that the Contractor has a continuing obligation to maintain the
accuracy of the Disclosure Forms for the duration of this Contract, including any amendments or
extensions thereto, and shall provide any updates to the information to the County as necessary to comply
with the requirements of Executive Order 1-2008.
____________________________
Name:
Title:
Date:
__________________________________ ___________________
Notary Public Date
** ATTENTION**
IF YOU HAVE ANSWERED “NO” TO ALL OF THE QUESTIONS CONTAINED IN
SCHEDULE “K-1,” PLEASE DISREGARD ALL OF THE FORMS LOCATED AFTER
THIS PAGE.
Contract # _________________
Name of Contractor/Subcontractor_________________________
SCHEDULE “K-2”4
NAMES AND TITLES OF PERSONS SUBJECT TO DISCLOSURE
THAT ANSWERED “YES” TO ANY QUESTION IN SCHEDULE “K-1”
1. ________________________________________________________________
2. ________________________________________________________________
3. ________________________________________________________________
4. ________________________________________________________________
5. ________________________________________________________________
6. ________________________________________________________________
Note: If more names and titles must be added, please attach a separate page entitled, “Schedule K-2
Continued.”
CONTRACTOR CERTIFICATION
I hereby certify that all of the information provided herein is true and accurate and that all additional
required Disclosure Forms have been completed.
No Person Subject to Disclosure shall perform work or services or enter onto County premises until the
Disclosure Forms are filed with the Procuring Officer.
It is understood and agreed that to the extent that new Persons Subject to Disclosure are proposed to be
added after execution of this Certification Form, the Contractor shall not utilize such persons or permit
said individual onto County property until the updated Disclosure Forms are filed with the Procuring
Officer.
It is further understood and agreed that the Contractor has a continuing obligation to maintain the
accuracy of the Disclosure Forms for the duration of this Contract, including any amendments or
extensions thereto, and shall provide any updates to the information to the County as necessary to comply
with the requirements of Executive Order 1-2008.
____________________________
Name:
Title and Date:
______________________________
Notary Public
4 If this Certification Form is being completed by a Subcontractor, please consider all references to
“Contractor” to mean “Subcontractor.”
Contract # _________________
Name of Contractor/Subcontractor_________________________
SCHEDULE “K-3”
CRIMINAL BACKGROUND DISCLOSURE FORM FOR
PERSONS WHO HAVE BEEN CONVICTED OF A CRIME
The conviction of a crime will not automatically result in a denial of your right to work on a County
contract, your right to be on County property or your license, but may, if the County determines that the
prior conviction(s) create an unacceptable risk. However, if you fail to list any part of your conviction
history, whether due, but not limited to any omission, intentional falsification or any failure to disclose for
any reason, you may be prohibited from working or being on County property without any risk
assessment. If it is later determined that you failed to disclose a criminal conviction for any reason, your
right to work on a County contract, be on County property or your license may be terminated at any time.
I, ______________________________, am ________________________________
(Name of Person Signing Below) (Title Relevant to Contract)
1) Describe the reason for being on County property if applicable, identify the specific duties and
responsibilities on this project which you intend to perform for the County, including but not limited to,
access to sensitive data and facilities and access to vulnerable populations.
2) Please list all criminal convictions along with a brief description of the crime(s) (including all felonies
and misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or
the laws of any other State).
3) Please provide the date and place of each conviction.
4) Please provide your age at the time of each crime for which you were convicted.
5) Please provide the legal disposition of each case.
6) Please provide any information either produced by yourself or someone on your behalf in regards to
your rehabilitation and good conduct.
I certify that this information is correct and complete. I understand that providing false or incomplete
information or withholding by omission or intention pertinent information will be cause for refusing
further consideration of my employment on this project.
No Person Subject to Disclosure shall perform work or services or enter onto County premises until the
Disclosure Forms are filed with the Procuring Officer.
I understand that I have a continuing obligation to maintain the accuracy of this form for the duration of
this Contract, including any amendments or extensions thereto, and shall provide any updates to the
information to the County as necessary to comply with the requirements of Executive Order 1-2008.
By my signature below I hereby affirm that all of the facts, statements and answers contained herein and
all attachments are true and correct.
____________________________
Name:
Title:
Date:
__________________________________ ___________________
Notary Public Date
Contract # _________________
Name of Contractor/Subcontractor_________________________
SCHEDULE “K-4”
CRIMINAL BACKGROUND DISCLOSURE FORM FOR
PERSONS WHO ARE SUBJECT TO PENDING CRIMINAL CHARGES
A pending criminal charge will not automatically result in a denial of your right to work on a County contract,
your right to be on County property or your license, but may, if the County determines that the pending charge(s)
create an unacceptable risk. However, if you fail to list any part of your conviction history, whether due, but not
limited to any omission, intentional falsification or any failure to disclose for any reason, you may be prohibited
from working or being on County property without any risk assessment. If it is later determined that you failed to
disclose a criminal conviction for any reason, your right to work on a County contract, be on County property or
your license may be terminated at any time.
I, ______________________________, am ________________________________
(Name of Person Signing Below) (Title Relevant to Contract)
1) Describe the reason for being on County property and if applicable, identify the specific duties and
responsibilities on this project which you intend to perform for the County, including but not limited to, access to
sensitive data and facilities and access to vulnerable populations.
2) Please identify all pending criminal charges (all felonies and misdemeanors as defined under the New York
State Penal Law or the equivalent under Federal law or the laws of any other State).
3) Please briefly describe the nature of the pending charges and the date upon which it is alleged that a crime was
committed.
I certify that this information is correct and complete. I understand that providing false or incomplete information
or withholding by omission or intention pertinent information will be cause for refusing further consideration of
my employment on this project.
No Person Subject to Disclosure shall perform work or services or enter onto County premises until the Disclosure
Forms are filed with the Procuring Officer.
I understand that I have a continuing obligation to maintain the accuracy of this form for the duration of this
Contract, including any amendments or extensions thereto, and shall provide any updates to the information to the
County as necessary to comply with the requirements of Executive Order 1-2008.
By my signature below I hereby affirm that all of the facts, statements and answers contained herein and all
attachments are true and correct.
____________________________
Name:
Title:
Date:
__________________________________ ___________________
Notary Public Date
Contract # _________________
Name of Contractor/Subcontractor_________________________
SCHEDULE “K-5”5
PERSONS THAT REFUSED TO ANSWER
Please list the names and titles of each Person that refused to answer any of the questions in “Schedule K-1.”
1. _________________________________________________________________
2. _________________________________________________________________
3. _________________________________________________________________
4. _________________________________________________________________
5. _________________________________________________________________
6. _________________________________________________________________
CONTRACTOR CERTIFICATION
I hereby certify that all of the information provided herein is true and accurate.
No Person Subject to Disclosure shall perform work or services or enter onto County premises until the Disclosure
Forms are filed with the Procuring Officer.
It is understood and agreed that to the extent that new Persons Subject to Disclosure are proposed to be added after
execution of this Certification Form, the Contractor shall not utilize such persons or permit said individual onto
County property until the updated Disclosure Forms are filed with the Procuring Officer.
It is further understood and agreed that the Contractor has a continuing obligation to maintain the accuracy of the
Disclosure Forms for the duration of this Contract, including any amendments or extensions thereto, and shall
provide any updates to the information to the County as necessary to comply with the requirements of Executive
Order 1-2008.
____________________________ Title: ____________________________
Name:
Title:
Date:
__________________________________ Date: ____________________________
Notary Public
5 If this Certification Form is being completed by a Subcontractor, please consider all references to “Contractor”
to mean “Subcontractor.”
SCHEDULE L
STATEMENT OF ENROLLMENT IN A
QUALIFIED TRANSPORTATION FRINGE PROGRAM
1. I am the ______________________ of _____________________________________.
(title) (Bidder's/Proposer's full legal name)
2. This statement is not applicable because (check all that apply, skip number 3 and sign below):
The total value of the contract is less than $100,000 in any twelve month period during
the contract term.
Bidder/Proposer employs less than 25 individuals who utilize public transportation and/or
pay for commuter parking at least 1 day per week.
(If question 2 does not apply proceed with question 3 and sign below).
3. This Statement is applicable and is submitted in order to comply with the requirements of
Executive Order No. 7-2005 of the County of Westchester which requires prospective
contractors, concessionaires and vendors to submit a signed statement at the time of procurement
of the contract that they are enrolled in or have initiated the process to enroll in a Qualified
Transportation Fringe Program as defined in §132(f)(1) of the IRS Tax Code.
As of the date hereof the above indicated Bidder/Proposer:
is enrolled in a Qualified Transportation Fringe Program as set forth in §132(f) of the
Internal Revenue Service Tax Code, or
has initiated the process of enrolling in a Qualified Transportation Fringe Program as
set forth in §132(f) of the Internal Revenue Service Tax Code and will notify the
appropriate County personnel in wiring upon the commencement of their participation in
such a program.
________________________ __________________
signature date
SCHEDULE L
WAIVER APPLICATION
Qualified Transportation Fringe Program
Date: ____________________
Name: ____________________
Company: ____________________
Address: ____________________
____________________
This Application for a Waiver from the requirements of Executive Order No. 7-2005 is being
submitted based upon one of the following:
an inability to comply with Executive Order No. 7-2005, or
hardship would result from such compliance.
Provide detailed explanation below:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Title: _____________________________Date: _____________________________
__________________________________
signature of authorized company official
Approved: ____________________
Disapproved: __________________
Date: __________________
______________________________
Commissioner or Department Head