request for proposal - westchestergov.com · in addition, snack bars on the lower level exhibition...

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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: SEPTEMBER 26, 2014 @ 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

September 26, 2014 at 2:00 p.m. at the following address:


Westchester County Department of Parks, Recreation and Conservation



http://www.westchestergov.com/parks

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REQUEST FOR PROPOSALS

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, 2015, through December 31, 2019, 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 400.

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.

It should also be noted by proposers that the County now has recently entered into an agreement

with the New York Knicks D League (Westchester Knicks) that will provide for a minimum of 24

home games per season which commences in November of 2014.

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) increasing the use and number of themed mobile food carts and satellite facilities to reduce

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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

(g) participating in any PRC approved promotion or sampling within the facility.

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 September 10, 2014,

as noted in Section IX 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


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, number and type of machines to be determined by staff

Other services associated with food/beverage sales

Hawking of food and beverages at seated events

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 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

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meetings (Schedule C).

PRC reserves the right to allow non-competitive product sales including food and non-

alcoholic beverages.

PRC reserves the right to expand current food options and alter food pricing for specific

events such as MSG games.

Provide and maintain the mandatory improvements as provided for in Schedule E herein.

Provide an annual funding to bring special events to the County Center (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.

Comply with County policies including pouring rights agreements and food rescue programs

for distribution to families in need .

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.

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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

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.

Evaluation of quality, affordability of prices for concessions, catering and banquets, and

scope of menus.

Evaluation of proposer’s fee submission.

Evaluation of marketing and promotional plan and funding.

Evaluation of proposer’s improvements to the concession

Proposer’s business plan to increase the efficiency and the quality of service.

Proposer’s ability and willingness to hawk and sell food and beverages to seated patrons at

events

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.

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.”

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:

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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;

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;

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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.

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: (a) a POS ratio of the

number of POS stations to guests at the Facilities sufficient to handle peak volume at events.

Qualified Management team at all venues.

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.

Special function services – extensive catering menus for breakfast, lunch, and dinner showing

local market pricing and cost justifications for same.

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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

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.

Note: The County retains all rights and privileges to separately contract or self-operate

merchandise and other novelty services.

Any other information the proposer believes will be helpful to the County in making a selection.

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.

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 above.

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

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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.

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. September 10, 2014. 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

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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.

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

September 26, 2014, at 2 p.m., at the following address:

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Westchester County PRC



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.

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 for on premises and off-premises catering

2) Vending

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

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from Licensee’s office at the County Center. A detailed pick up schedule will be provided. Copies of all

deposit slips and activity reports are to be sent to a Designee of the County via email. 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. 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 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. 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 September 10, 2014 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 her 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

13

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

June 2014 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.

14

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

15

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.

16

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

17

ACKNOWLEDGMENT

STATE OF ) ) ss.: COUNTY OF ) On the __________ day of ________________ in the year 20__ before me,

the undersigned, personally appeared _____________________________, personally (Individual who signed the proposal)

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

18

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

19

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.

20

(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.

21

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.

4. Provide the price proposal for the services requested pursuant to this RFP

using the applicable forms in Schedule C.

22

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, 2015, through December 31, 2019, 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.

23

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

1/1/15 – 12/31/15 $_________________

(Minimum $135,000)

1/1/16 – 12/31/16 $_________________

(Minimum $135,000)

1/1/17 – 12/31/17 $_________________

(Minimum $135,000)

1/1/18 – 12/31/18 $_________________

(Minimum $135,000)

1/1/19 – 12/31/19 $_________________

(Minimum $135,000)

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.

24




Fee Proposal

Percentage Fees for the Operation of the Food, Beverage and Catering Concession

including concession sales, on-site and off-premises catering and vending –

(Please note that catering includes food, beverage and all other miscellaneous sales including but

not limited to tents, linens, décor, entertainment, etc):

Period Percentage Fee

1/1/15 – 12/31/15 _________________%

1/1/16 – 12/31/16 _________________%

1/1/17 – 12/31/17 _________________%

1/1/18 – 12/31/18 _________________%

1/1/19 – 12/31/19 _________________%








disqualification.

25


Food, Beverage and Catering Concession the County Center

Fee Proposal

Annual Contribution to Promotional Fund for Entertainment:

Period Marketing Fee

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)

1/1/19 – 12/31/18 $_________________

(Minimum $25,000)








disqualification.

26



Fee Proposal

Food & Related Services Allowance:

(Services to be charged at cost up the maximum allowance)

Period

1/1/15 – 12/31/15 $_________________

(Minimum $15,000)

1/1/15 – 12/31/16 $_________________

(Minimum $15,000)

1/1/17 – 12/31/17 $_________________

(Minimum $15,000)

1/1/18 – 12/31/18 $_________________

(Minimum $15,000)

1/1/19 – 12/31/19 $_________________

(Minimum $15,000)








disqualification.

27




Fee Proposal

Discount Applied to Events Held by County Departments and affiliated Agencies at

the County Center:

Period County Center

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%)

1/1/19 – 12/31/19 ________________%

(Minimum 10%)








disqualification.

28

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

1/1/2014 – 12/31/2014 $ 135,000

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%

1/1/2014 – 12/31/2014 17.5% to $700,000 in gross sales, 19% over $700,000 in gross sales

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

1/1/2013 – 12/31/2013 $727,755.15

Period License Fee Paid for County Center

2/1/2009 – 12/31/2009 $ 132,434

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

29

Schedule “D-1” SCHEDULE OF PRICES 2014 – COUNTY CENTER

Item

Selling

Price

Meal

Price

Regular Soda 3.00

Popcorn 4.50

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 6.50 9.00

Hot Dog w/extra 3.75 8.00

Hamburger 4.25

Cheese Burger 4.75 9.00

Super Cheese Burger 5.75 9.00

Bacon Cheese Burger

Chicken Sandwich 5.75 9.00

Philly Steak 5.75 9.00

Tender Sandwich 5.75 9.00

3pc Tenders 5.75 9.00

Pretzel 3.00 8.00

Fries 3.50

Fries with Cheese 4.50

Cotton Candy 4.75

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

30

SCHEDULE D-2

List of Fixed Equipment


MAIN KITCHEN

QUANTITY ITEM

1 2 Compartment Sink

1 3 Compartment Sink

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

31

Schedule E

Required Improvements

Required Improvements at Westchester County Center

1. Upgrade energy efficient LED lighting to meet industry standards.

2. Completely reconfigure the concession areas on all levels to incorporate seating areas for

patrons and on the main floor, remove the exterior wall to open the concession stand

while providing a patron seating area.

3. Furnish and install new décor to make the concession stands at all levels aesthetically

pleasing.

4. Furnish and install new digital menu boards for all concession stands.

5. Replace existing acoustic tiles inside the concession areas.

6. Improve signage to increase traffic at concession stands.

7. Paint the interior and exterior of all concession stands to increase traffic and make more

aesthetically appealing.

8. On second floor concession furnish and install hood or propose improvements to allow

fresh food to be served excluding the use of a “hot box” or food warmer furnish and

install anansul system and 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.

32

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

33

SCHEDULE “G”*

Westchester County Center – Attendance By Month

January 2012 – June 2014 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



2/14 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

34

2/20 WRAPS – Vendor Luncheon 150

2/23 MADD/Probation Meeting 400

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


3/10-11 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


3/24 Playland Training 760

3/24 PRC Recreation Meeting 30


3/25 International Food show 850

3/26 DOT Mobility Advisory Forum 30

3/28 DSS Public Hearing 400


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




4/11 Local 1103 Meeting 150


4/12-15 Disney Live 9,243

4/13 Senior Programs & Services Meeting 150


4/16 CE Section I Award Ceremony 50

4/17 Wheelchair Basketball Tournament 80

35

4/18 WRAPS Meeting –DOH Camp 120

4/18 WRAPS Board Meeting 25

4/20 Marijuana Prevention Day 50

4/21 WHUD Kids’ Fair 1,820

4/21 Best Friends Meeting 50


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


5/13 Eastern Buddha’s Study Association 6,500

5/14, 5/22, 5/24 General Maintenance Training 75


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


36

6/13 One Stop Employment Graduation 75

6/14 BOCES Graduation 1,800


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


6/27 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


7/28 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


8/16-19 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


37

9/10 EFCU Annual Meeting 40


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



9/29 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


10/7 PRC Marathon (BRP) 100



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

38

11/14 Downstate Conference 325

11/15 MTA Public Hearing 50

11/17-18 Westchester Feline Club 2,124


11/19-20 Cheerleading Tournament 3,192



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 Toy & Train Show

12/10-13 Nutcracker Rehearsal 300

12/10 WECA Meeting

12/11, 18 General Maintenance Training

12/12 WJCS Conference


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






01/15-16 General Maintenance Aerial Training 25

01/15 Valentines Dance for the Disabled 650


01/16 Empire State Forum 65

01/18-20 Stamp, Coin and Paper Money Show 725



39

01/22-23,30-31 General Maintenance Skid steer Training 40

01/23 Hurricane Sandy Orientation 40

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



01/29 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


02/25-28 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


03/12 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


03/21 Rec Trac user meeting 1,050


03/23 Playland Leadership training 50

03/25 Golden Chordsmen Practice 75

40

03/26 Operation Prom 100

03/27 Aretha Franklin Concert 2,392

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


04/08-09 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


04/23 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


5/8 WRAPS 100

5/8 WCDOH Meeting 400

5/9 WCDCMH Meeting 200

5/11 Nyack College Graduation 4,400


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


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

41

6/1 CFA Institute Exams 700

6/5 Deputy County Executive Meeting 120

6/6 CE & DSS Meeting 400


6/8 Summer Music Camp Parent Meeting 125


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


6/25 Westchester Swimming Association

Meeting

30

6/26 PRC Hall of Fame 25

6/27 WC Planning Dept. 200


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


7/15, 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

42

8/15-18 East Coast National Baseball Card Show 3,221

8/21 PRC Administration - Sandy Crew

Orientation

50


9/3, 9/9, 9/16 Golden Chordsmen 225

9/6, 9/13, 9/20 Young Marines 75

9/6-9/8 International Gem, and Jewelry Show 1,067

9/7 Bill Cosby 3,799


9/9 Educational EFCU Meeting 40

9/9 WECA Meeting 80

9/11 Blood Drive 100

9/12 Krasdale Food Show 1,975

9/16, 9/18 Flu Clinic 120


9/21 World Pong Tour 80

9/25 Advance Job Fair 625

9/26 County Executive’s Shared Services 175

9/27 Senior Programs Cancelled

9/27-29 Addicted To Ink 3,822

9/28 Friends of Parks Meeting 25

10/1 Golden Harvest Dance 600



10/5 Market or Die Seminar 50

10/10 WCDOH Meeting 100

10/11, 10/25 Young Marines 50


10/17 Senior Law Day 400


10/18-20 Sesame Street Live 6,442

10/21 Westchester-Putnam College Conference 2,987

10/22 Nutcracker Rehearsal 100


10/26-27 Home Show 500

10/29 Dance for the Disabled 750 11/2 Reptile Show 2,459

11/3 Chocolate World Expo 2,532

11/6, 11/8, 11/21, 11/26 General Maintenance Training 100

11/7 HLA Show 938


11/12 Nutcracker Rehearsal 40


11/16-17 Pet Adoption Fair 1,000

43

11/17 Cheerleading Meeting 25

11/19 A Day of Celebration 4,500

11/20 WRAPS Downstate Conference 244

11/21 WJCS Conference 160

11/21 BRP Conservancy Board Meeting 20

11/22 Stop DWI Middle School Conference 275

11/23-24 Westchester Feline Club Cat Show 2,124


11/25-26 Cheerleading Invitational 4,758



12/1 Baseball Card Show 700

12/4 County Blood Drive 45

12/6-8 Jewelry Show 900

12/6 CPR Training 12

12/6, 13, 20 Young Marines 60


12/10 Dance for the Disabled Cancelled

12/12 Annual Finance Meeting 50

12/13 WC Planning Department Seminar 150

12/13 NBA Entertainment Filming 30

12/15 Westchester Toy & Train Show Cancelled /

Snow

12/16-19 Nutcracker Rehearsal 300

12/20-22 The Nutcracker Ballet 6,563

12/26-29 Slam Dunk Tournament 6,504

2014 1/5

NY Metro Reptile Show

2,983

1/7 DCMH Meeting 200



1/11 Main Street Boxing 1,596

1/12 WWE LIVE 3,562


1/14 Valentines’ Dance for the Disabled 1000





1/22 Salute to Seniors Meeting 20

1/23 Women’s’ Tennis Meeting 20


1/25 Culinart Event 200


44


2/1 Chinese New Year 800

2/4 PRC Conference 250

2/7 American Petroleum Seminar 50

2/7 Dept. of Corrections Graduation 400


2/8 Beer Festival 1,580



2/11 Harlem Globe Trotters 3,883

2/12 WRAPS Vendor Luncheon 100

2/15-17 Royal Hanneford Circus 13,900


2/21-23 International Jewelry & Gem Show 1,000


2/24-28 Section I Basketball 12,050

3/1, 2, 4 Section I Basketball 8,950

3/1-9, 10-13, 17-27, 31 Indoor Baseball Training 250

3/6 Golf Meeting 20

3/7, 14, 21, 28 Young Marines 100

3/7-9 Journal News Golf Show 1,728


3/9 Columbia General Elections 260

3/10-13, 17-19, 24-26 PRC Basketball 4,150


3/13 Community Mental Health Meeting 200

3/14 DSS Leadership Meeting 70

3/14-16 Home Show 1,500

3/15 Building Blocks Seminar 35

3/18-19 Blood Drive 80

3/19 BRP Conservancy 20

3/20 Safe Harbor Meeting 200

3/21 Senior Programs Meeting 125


3/22 Playland Leadership 100

3/26-27 Dept. of Mental Health Meeting 130

3/29 WHUD Kids’ Fair 800


4/1 MSG D- League Job Fair 200

4/1 Friends Board Meeting 25

4/2 PRC Wheelchair Basketball 90

4/3 West. County DOT Mobility Advisory

Forum

80

4/3 M.A.D.D. Meeting 375

45

4/4 West. County Senior Program 400

4/4-6 Stamp, Coin, And Paper Money Show 600



4/7 Housing Trust Fund Corp. Meeting 80

4/9 WRAPS Camp Workshop 200

4/10-13 Disney Live 11,771



4/15 West. County Hazard Mitigation 90

4/16-17 West. County Recreation PRC Volleyball 155

4/17-19 Operation Prom 400

4/17 Con Edison Emergency Management

Meeting

140

4/21 D-League Orientation 12

4/23 HLA Spring Buying Show 2,000

4/23 CSEA Union Meeting 250

4/25-27 Best Friends Pet Adoption 3,000

4/28 West-Putnam College Conference 3,500

4/29 PRC Training 50

4/30 Chiefs of Police Convention 400

5/2-5/4 Baseball Card Show 992

5/2, 5/6, 5/16, 5/30 Young Marines 100

5/3-5/4 Card Fight 850


5/8 Salute to Seniors 1,600

5/10 Nyack College Graduation 4,400

5/12 PRC Commissioner Meeting 50


5/14 D-League Season Ticket Event 300

5/15 Westchester County Police Memorial 400

5/16 SUNY Purchase Graduation 4,400

5/18 Dominican College Graduation 4,400

5/21 Mercy College Graduation 8,800


Graduation

4,400

5/25 Colombian Elections 200

5/29 College of Westchester Graduation 4,400

5/30 West. County Planning Dept. Meeting 125

5/30-5/31 Hot Tub Expo 200

6/1 Hot Tub Expo 100

6/3 WCDCMH Annual Meeting 250

46

6/5, 6/11 WCBD Meeting 100

6/5 WC Probation/MADD Meeting 325

6/7 CFA Institute Exams 850

6/8 Summer Music Camp Parent Meeting 50


6/12 WCDSS Meeting 200

6/14 NY Comic Fest 1,312

6/15 Colombian General Elections 200

6/20, 6/21, 6/22 NY Empire State Tattoo Expo 3,500


6/24 WCSA Meeting 50

6/25 Yonkers Middle School Graduation 3,500

6/26

White Plains Middle/High School

Graduation 4,400

6/27 Mt. Vernon High School Graduation 4,400

6/27 Woodlands High School Gaduation 2,000

6/28 Lakeland High School Gaduation 4,400

6/28 Walter Panas High School Gaduation 4,400

6/29 Yonkers High Schools Graduations 17,500

6/30 Slam Dunk Basketball Camp 90

6/30 Summer Music Camp 220

* It should also be noted by proposers that the County now has recently entered into an

agreement with the New York Knicks D League (Westchester Knicks) that will provide for a

minimum of 24 home games per season which commences in November of 2014.

47

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”)?

48

___________ No

___________ 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: __________________________________________

51

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 ______


________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

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;

52

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 ______


________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Authorized Company Official shall sign below and

type or print information below the signature line:

Name:

Title:

Date:

53

SCHEDULE “K”

TO BE COMPLETED BY SUCCESSFUL PROPOSER ONLY

CONTRACTOR

CRIMINAL BACKGROUND DISCLOSURE INSTRUCTIONS

Pursuant to Executive Order 1-2008, the County is required to maintain a record of criminal background

disclosure from all persons providing work or services in connection with any County contract, including

leases of County-owned real property and licenses:

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 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 SSNs

and other personal/secure data); facilities (secure facilities and/or communication equipment);

and/or vulnerable populations (for example, children, seniors, and the infirm).

In those situations, the persons who must provide a criminal background disclosure (“Persons Subject to

Disclosure”) include the following:

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, Sublessess, 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.

Under Executive Order 1-2008, it is the duty of every County Consultant, Contractor, Licensee, or Lessee

to inquire of each and every Person Subject to Disclosure and disclose whether they have been convicted of

a crime or whether they are subject to pending criminal charges, and to submit this form with that

information.1 Accordingly, you are required to complete the attached Criminal Background Disclosure

Form and Certification.

Please note that under no circumstances shall the existence of a language barrier serve as a basis for the

waiver of or an exception from the disclosure requirements of Executive Order 1-2008. If translation

services are required by the Consultant, Contractor, Licensee, or Lessee to fulfill this obligation, it shall be

at the sole cost and expense of the Consultant, Contractor, Licensee, or Lessee.

Please also note that the conviction of a crime(s) and/or being subject to a pending criminal charge(s) will

not automatically result in a denial of a person’s right to work on a County contract, right to be on County

1 For these disclosures, a “crime” or “pending criminal charge” includes 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.

54

property, or license, but may, if the County determines that the prior conviction(s) or pending criminal

charge(s) create an unacceptable risk. However, if a person fails to list or falsifies any part of his/her

conviction history or any pending criminal charge(s) for any reason, he/she may be prohibited from

working or being on County property without any risk assessment. If it is later determined that a Person

Subject to Disclosure failed to disclose a criminal conviction or pending criminal charge for any reason,

his/her right to work on a County contract, be on County property, or license may be terminated at any

time.

Please further note that, pursuant to Executive Order 1-2008, and subject to the applicable provisions of

New York Correction Law §§ 752 and 753, the County has the right to bar a Person Subject to Disclosure

from providing work or services to the County or from being on County property if any such person has:

a.) A conviction of a crime(s);

b.) A pending criminal proceeding for a crime(s); or

c.) Refused to answer questions concerning his/her criminal background

Please finally note that any failure by a County Consultant, Contractor, Licensee, or Lessee to comply with

the disclosure requirements of Executive Order 1–2008 may be considered by the County to be a material

breach and shall be grounds for immediate termination by the County of the related County contract.

Exemptions

Executive Order 1-2008 exempts from the aforementioned disclosure requirements Persons Subject to

Disclosure:

a.) for whom the County has already conducted a background check and issued a security clearance

that is in full force and effect; and

b.) 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 a County contract that is in full force and effect.

If you are claiming an exemption for one or more Persons Subject to Disclosure, you must notify the

Procuring Officer2. The Procuring Officer will then determine whether the Person(s) Subject to Disclosure

are actually exempt, and provide written notification of his/her determination. If the Procuring Officer

determines that a Person Subject to Disclosure is not exempt, the Procuring Officer will notify you of that

determination, and you will have to include disclosures for that person on your Criminal Background

Disclosure Form and Certification.

2 Procuring Officer” shall mean the head of the department or the individual or individuals 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.

55

Subconsultants, Subcontractors, Sublessees, or Sublicensees

Under Executive Order 1-2008, it is your duty to ensure that any and all approved subconsultants,

subcontractors, sublessees, or sublicensees complete and submit the attached Criminal Background

Disclosure Form and Certification for all of their respective Persons Subject to Disclosure. This must be

done before such a subconsultant, subcontractor, sublessees, or sublicensees can be approved to perform

work on a contract.

New Persons Subject to Disclosure

Under Executive Order 1-2008, you have a CONTINUING OBLIGATION to maintain the accuracy of

the Criminal Background Disclosure Form and Certification (and any accompanying documentation) for

the duration of this contract, including any amendments or extensions thereto. Accordingly, it is your duty

to complete and submit an updated Criminal Background Disclosure Form and Certification whenever

there is a new Person Subject to Disclosure for this contract. NO NEW PERSON SUBJECT TO

DISCLOSURE SHALL PERFORM WORK OR SERVICES OR ENTER ONTO COUNTY

PREMISES UNTIL THE UPDATED CRIMINAL BACKGROUND DISCLOSURE FORM AND

CERTIFICATION IS FILED WITH THE PROCURING OFFICER. You shall also provide the

County with any other updates that may be necessary to comply with the disclosures required by Executive

Order 1-2008.

____________________________________________________________

PLEASE CONTINUE TO THE

Criminal Background Disclosure Form and Certification

BEGINNING ON THE NEXT PAGE

56

Contract #: __PRC-916_________________

Name of Consultant, Contractor, Lessee, or Licensee: __Culinart, Inc.___________

CRIMINAL BACKGROUND DISCLOSURE

FORM AND CERTIFICATION

If this form is being completed by a subconsultant, subcontractor, sublessee, or sublicensee,

please consider all references in this form to “consultant, contractor, lessee, or licensee” to mean

“subconsultant, subcontractor, sublessee, or sublicensee” and check here: ____________________

I, _______________________________________________, certify that I am a principal or a

(Name of Person Signing Below)

representative of the Consultant, Contractor, Lessee, or Licensee and I am authorized to complete and

execute this Criminal Background Disclosure Form and Certification. I certify that I have asked each

Person Subject to Disclosure the following questions:

Have you or your company 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?

Are you or your company 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)?

I certify that the names and titles of Persons Subject to Disclosure who refused to answer either of the

questions above are:

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

4. ________________________________________________________________

5. ________________________________________________________________

(If more space is needed, please attach separate pages labeled “REFUSED to Answer -

Continued.”)

57

I certify that the names and titles of Persons Subject to Disclosure who answered “Yes” to either of the

questions above are:

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

4. ________________________________________________________________

5. ________________________________________________________________

(If more space is needed, please attach separate pages labeled “YES Answers - Continued.”)

Each Person Subject to Disclosure listed above who has either been convicted of a crime(s) and/or is

subject to a pending criminal charge(s) must answer additional questions. Those questions are below.

A Person Subject to Disclosure who has been convicted of a crime(s) must

respond to the following (please attach separate pages with responses for each

person, with their name and title):

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.

A Person Subject to Disclosure who is subject to a pending criminal charge(s)

must respond to the following (please attach separate pages with responses for

each person, with their name and title):

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.

58

I hereby certify that all of the information provided herein (and in any and all attachments) is true and

accurate and that all disclosures required by Executive Order 1-2008 and this Criminal Background

Disclosure Form and Certification have been completed. By my signature below, I hereby affirm that all of

the facts, statements and answers contained herein (and in any and all attachments) are true and correct. 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 being utilized under this contract.

It is understood and agreed that no Person Subject to Disclosure shall perform work or services or

enter onto County property until this required Criminal Background Disclosure Form and

Certification is filed with the Procuring Officer.

It is understood and agreed that to the extent that new Persons Subject to Disclosure are proposed to

perform work or provide services under this contract after filing of this Criminal Background

Disclosure Form and Certification with the Procuring Officer, such new Persons Subject to

Disclosure shall not perform work or provide services or enter into County property until an updated

Criminal Background Disclosure Form and Certification has been filed with the Procuring Officer.

It is further understood and agreed that the consultant, contractor, lessee, or licensee has a

continuing obligation to maintain the accuracy of the Criminal Background Disclosure Form and

Certification 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.

Signature: ______________________________

Printed Name: _______________________

Title: _____________________________

Date: _____________________________

__________________________________ ___________________

Notary Public Date

SCHEDULE L

59

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

60

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

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