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This Is a True Copy of the Resolution Adopted by the Franchise and Concession Review Committee On

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This Is a True Copy of the Resolution Adopted by the Franchise and Concession Review Committee On CITY OF NEW YORK FRANCHISE AND CONCESSION REVIEW COMMITTEE (Cal. No. 1) RESOLVED, that the Franchise and Concession Review Committee authorizes the New York City Department of Parks and Recreation ("Parks") to utilize a different procedure, pursuant to Section 1-16 of the Concession Rules of the City of New York, to enter into a Sole Source License Agreement ("License Agreement") with The New York Shakespeare Festival, Inc. d/b/a The Public Theater (“The Public Theater”) for operation and maintenance of a food, beverage and merchandise concession at The Delacorte Theatre, Central Park, Manhattan. The License Agreement will commence upon The Public Theater’s receipt of a written Notice to Proceed and, unless terminated sooner in accordance with the License Agreement, shall terminate on December 30, 2023 (the same date as the Maintenance and Operation Agreement entered into by the City and Licensee on December 31, 2013) or the last day of any subsequent renewal period that is exercised pursuant to this License Agreement (the “Term”). Parks, in its sole discretion, shall have the option to renew this License Agreement for up to two additional five-year periods, provided that Parks has renewed the Maintenance and Operation Agreement for the same periods. In no event shall the Term, including any renewal periods, exceed the term of the Maintenance and Operation Agreement. In lieu of a license fee, The Public Theater shall use any revenue it receives from the operation of the concession to offset the cost of free events at The Delacorte Theater and the cost of operation and maintenance of The Delacorte Theater. THIS IS A TRUE COPY OF THE RESOLUTION ADOPTED BY THE FRANCHISE AND CONCESSION REVIEW COMMITTEE ON February 10, 2016 Date: ___________ Signed: ____________________________ Title: Director of the Mayor's Office of Contract Services CONCESSION AGREEMENT RECOMMENDATION FOR AWARD MEMORANDUM COVER SHEET (Attach, in the following order, applicable CRFA Memo, Responsibility Determination Form, approved CPSR Cover Sheet and, if the selection procedure was not CSB, the CPSR Memo and CCPO Memo (if applicable) ) AGENCY: RECOMMENDED CONCESSIONAIRE CONCESSION TITLE/ Department of Parks Name: The New York Shakespeare Festival, Inc. d/b/a The DESCRIPTION: & Recreation Public Theater The operation and Address: 425 Lafayette Street maintenance of a food, # VOTES required Telephone # 212 539 8500 EIN SSN #131844852 for proposed action beverage and Not-for-Profit Organization Yes No merchandise = 4 N/A Certified by DSBS as M/WBE Yes No concession at The Delacorte Theatre, Central Park, Manhattan. CONCESSION I.D.# M10-DT-SB LOCATION OF CONCESSION SITE(S*) Address 81 Central Park West, New York, NY 10023 N/A *Attach additional sheet Borough Manhattan C.B. 2,5,7,8,10,11 Block # 1111 Lot # 1 SELECTION PROCEDURE (*CCPO approval of CRFA required) Competitive Sealed Bids Competitive Sealed Proposals* ( FCRC approved Agency request to deviate from final recommendation of the Selection Committee on ___/___/___.) Different Selection Procedure: * ( Sole Source Agreement Other ____________ ) > FCRC approved different selection procedure on 3/11/15. Negotiated Concession* CONCESSION AGREEMENT TERM ANNUAL REVENUE (Check all that apply) Initial Term: From Notice to Proceed to, unless ( Additional sheet ( s) attached) terminated sooner in accordance with the License Annual Fee(s) $ __________________ Agreement, December 30, 2023 (the same date as the Maintenance and Operation Agreement entered into by the % Gross Receipts ________% City and Licensee on December 31, 2013) or the last day of any subsequent renewal period that is The Greater of Annual Minimum Fee(s of $_____ v. exercised pursuant to this License Agreement (the _____% of Gross Receipts “Term”). Parks, in its sole discretion, shall have the option to renew this License Agreement for up to two Other In lieu of a license fee, The Public Theater shall additional five-year periods, provided that Parks has use any revenue it receives from the operation of the renewed the Maintenance and Operation Agreement for concession to offset the cost of free events at The Delacorte the same periods. In no event shall the Term, including Theater and the cost of operation and maintenance of the Delacorte Theater. any renewal periods, exceed the term of the Maintenance and Operation Agreement. Total Potential Term: 17 Years * * >20 years – FCRC unanimously approved term on __/__/__ NOTIFICATION REQUIREMENTS Subject concession was awarded by CSB or CSP. YES NO If YES, check the applicable box(es) below: The subject concession is a Significant Concession and the Agency completed its consultations with each affected CB/BP regarding the scope of the solicitation by __/__/__, which was at least 30 days prior to its issuance. The subject concession is a Significant Concession and the Agency included this concession in the Agency’s Plan and completed consultations with each affected CB/BP pursuant to §1-10 of the Concession Rules. The subject concession was determined not to be a Major Concession and the Agency sent notification of such determination to each affected CB/BP by __/__/__, which was at least 40 days prior to issuance of the solicitation. If NO, check the applicable box below: The Agency certifies that each affected CB/BP received written notice by 1/30/15, which was at least 40 days in advance of the FCRC meeting on 3/11/15 at which the agency sought and received approval to use a different selection procedure. The Agency certifies that each affected CB/BP received written notice on __/__/__, at the time that a notice of intent to enter into negotiations was published for the subject concession, and provided a copy of such notification to the members of the Committee within five days on __/__/__. The Agency certifies that based on exigent circumstances the FCRC unanimously approved waiver of advance written notice to each affected CB/BP on __/__/__. Law Department approved concession agreement on ___/___/___ Award is a major concession. YES NO If YES, award was approved pursuant to Sections 197-c and 197-d of the NYC Charter as follows: CPC approved on ___/___/___ City Council approved on ___/___/___ or N/A AUTHORIZED AGENCY STAFF This is to certify that the information presented herein is accurate and that I find the proposed concessionaire to be responsible and approve of the award of the subject concession agreement. If the concession was awarded by other than CSB or CSP, additionally check the applicable box below: The concession was approved by the FCRC on / / . The concession was not subject to the approval of the FCRC because it has a term of <30 days and is not subject to renewal. Name Alexander Han Title Deputy Director of Concessions Signature __________________________________________ Date __/__/__ CERTIFICATE OF PROCEDURAL REQUISITES This is to certify that the agency has complied with the prescribed procedural requisites for award of the subject concession agreement. Signature __________________________________________ Date __/__/__ City Chief Procurement Officer RECOMMENDATION FOR AWARD OF CONCESSION AGREEMENT MEMORANDUM: CONCESSION AGREEMENT AWARDED BY OTHER THAN CSB OR CSP SUMMARY OF PROPOSED CONCESSION USE (Attach Proposed Agreement) The Operation and Maintenance of a Food, Beverage, and Merchandise Concession at The Delacorte Theater, Central Park, Manhattan Instructions: Provide all information requested below; check all applicable boxes. A. SELECTION PROCEDURE Sole Source Other Describe: B. NEGOTIATIONS Instructions: Describe the nature of negotiations conducted, including negotiations with respect to the amount of revenue offered. Following FCRC approval to enter into negotiations with The New York Shakespeare Festival, Inc d/b/a The Public Theater ("The Public Theater" or “Licensee”), the New York City Department of Parks & Recreation ("Parks") and The Public Theater conducted meetings to discuss the terms of this License Agreement ("License Agreement"). In lieu of a license fee, Licensee shall use any revenue it receives from the operation of the Concession to offset the cost of free events at The Delacorte Theater and the cost of operation and maintenance of The Delacorte Theater. C. BASIS FOR AWARD (If sole source award, attach the offer; if other than a sole source award, attach the three highest rated offers, if applicable.) The agency determined that award of the concession is in the best interest of the City because: Parks believes that it is in the best interests of the City of New York (the "City") to award a license agreement to The Public Theater for the operation and maintenance of a food, beverage, and merchandise concession at The Delacorte Theater in Central Park. The Public Theater, a non-profit corporation, was formed in 1962 for the purpose of presenting free theater productions in the City, including the popular Free Shakespeare in the Park programming at The Delacorte Theater. In 2013, Parks and the Public Theater entered into a ten-year license agreement whereby The Public Theater operates and maintains the Delacorte Theater as a public theatre for the production of free cultural and educational presentations for the benefit of the people of the City. Parks received FCRC approval to negotiate a concession agreement with The Public Theater for the operation and maintenance of a food, beverage, and merchandise concession at The Delacorte Theater in Central Park, and the license agreement would not exceed the term of the existing license agreement. Joseph Papp founded The New York Shakespeare Festival (now known as The Public Theater) to present free performances of Shakespeare in public parks, churches, and community centers throughout New York City. This radical endeavor in access and artistic engagement found a permanent home with the opening of The Delacorte Theater in Central Park on June 18, 1962. Since then, The Public Theater’s longest running program has become one of the most venerable cultural programs in the city, serving over five million people with more than 150 free productions to date.
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