Request for Proposals

SOLICITATION # B113-AS / M30-AS

REQUEST FOR PROPOSALS

FOR THE OPERATION AND MANAGEMENT OF ARTS AND CRAFTS FAIRS AT COLUMBUS PARK, BROOKLYN AND/OR FOLEY SQUARE, MANHATTAN

Issue Date January 25, 2006

Michael R. Bloomberg Mayor of the City of New York Adrian Benepe Commissioner of Parks & Recreation Joanne G. Imohiosen Assistant Commissioner for Revenue Julius Spiegel Borough Commissioner for Brooklyn William T. Castro Borough Commissioner for Manhattan

www.nyc.gov/parks

Request for Proposals Columbus Park Arts & Crafts

REQUEST FOR PROPOSALS (RFP)

FOR THE OPERATION AND MANAGEMENT OF AN ARTS AND CRAFTS FAIR TO BE HELD AT

COLUMBUS PARK, BROOKLYN AND/OR FOLEY SQUARE, MANHATTAN

The New York City Department of Parks & Recreation (Parks) requests proposals for the operation of a quality outdoor arts & crafts fair to be held at one or both of the following two locations:

• Columbus Park, Cadman Plaza, between Montague and Johnson Streets in Brooklyn. Fridays from April through December in 2006, 2007, 2008.

• Foley Square at Duane and Centre Streets in front of the County Court House, in Foley Square Park, Manhattan. Wednesdays from April through December in 2006, 2007 and 2008.

Exact dates and hours of operation will be subject to Parks’ approval.

In addition to being a sale of hand-made wares by skilled artisans, the fair is to be a high quality exhibition. The fair is to promote artistry and to provide a venue for works of merit. Parks is seeking qualified individuals or corporate entities with a solid background in outdoor arts and crafts promotions. Parks will only consider proposers with extensive experience in the operation of arts and crafts fairs.

A non-renewable term of three (3) years is being offered. No longer term will be considered. Proposers may bid on one or both of the locations and should specify which location(s) they are interested in. See attached maps for a general area of the permitted premises.

Project Manager

The City of New York Department of Parks & Recreation Project Manager for this concession is Gabrielle Ohayon. All questions with regard to this Request for Proposals (“RFP”) or other project inquiries should be directed to her attention at (212) 360-1397. She may also be reached by fax at (212) 360-3434 or by e-mail at [email protected].

If you have a hearing impairment, please call the following toll-free number and leave a message on the Telecommunications Device for the Deaf (TDD). The TDD number is (800)281-5722.

Request for Proposals Timetable

The following schedule has been established for this Request for Proposals:

RFP Release Date: Wednesday, January 25, 2006

Columbus Park Site Tour: Friday, February 10, 2006 @ 11:00 a.m.

Foley Square Site Tour: Friday, February 10, 2006 @ 1 p.m.

Proposals Due: Tuesday, February 28, 2006 @ 3:00 p.m. Request for Proposals Columbus Park Arts & Crafts

PLEASE NOTE: THIS SCHEDULE IS SUBJECT TO CHANGE AS CIRCUMSTANCES WARRANT

Note: If you have a disability which would prevent you from delivering your proposal to the Arsenal and/or attending the proposer meeting & site tour, please contact the project manager at least 48 hours prior to the due date and/or meeting date so that special arrangements can be made to accommodate you.

PROJECT BACKGROUND

COLUMBUS PARK, BROOKLYN

The City of Brooklyn first mapped a portion of this parkland in 1819, and in 1935 Parks acquired the land and added small parcels over the next three decades. The park contains a life-size marble statue of Columbus by Emma Stebbins (1815-1882). On October 23, 1986, the 481st anniversary of Columbus's death, a local law sponsored by Council Member Abraham G. Gerges named this property Columbus Park as part of that year's Columbus Day festivities. Before that date, the area was unofficially known as Supreme Court Park. In 1994, Columbus Park underwent a $2.1 million renovation funded by Council Member Kenneth K. Fisher that included an improved pedestrian walkway and the installation of a three-tiered cast iron fountain. Borough President Howard Golden sponsored the creation of an ornamental garden. The walkway, fountain, and garden were all designed to replicate the look of the original park in the mid-1800s.

Columbus Park is located at the center of downtown Brooklyn, home to state and federal courts, historical focal points such as Fulton Walk, Borough Hall and the Civic Center, and a vibrant and thriving local community. The area is the hub of the borough and is currently undergoing an economic boom. Livingston Plaza provides 500,000 square feet and twelve floors of retail and office space. The recently completed nineteen story Morgan Stanley Building at Pierrepont Plaza was built from brick and limestone to blend with the existing area design. Brooklyn Borough Hall (209 Joralemon Street), which underwent extensive restoration in 1989, was formerly City Hall for the independent City of Brooklyn. Also nearby is the MetroTech complex, a commercial site that encompasses four million square feet, including shops, restaurants and open air space used for concerts and outdoor events, and was the result of a long term effort to revitalize the downtown area.

FOLEY SQUARE PARK, MANHATTAN

Foley Square was originally near the banks of Collect Pond, a natural body of fresh water. During the early 18th century, the site was part of an African Burial Ground. In 1791, the City acquired the site, but upon realizing that pollution from tanneries and pottery manufacturing had rendered the Pond a public health hazard, the City had the pond drain and covered in 1811. At the turn of the century, however, the area rebounded as the municipal center of the City, and a number of state and federal buildings were built around the square and represent the prevailing tastes of the beginning of this century. The colonnaded and Beaux Arts structures such as the Hall of Records (1911), the County Court House (1926), the New York State Office Building (1928), and the United States Courthouse (1936) all grace the site. The square was named for “Big Tom” Foley, a Tammany Hall district leader and local saloon owner. Federal Plaza was added to the site in 1994, which comprises two buildings around the area.

Foley Square Park is situated in one of the busiest and most visible corners in Manhattan. Located only minutes from the business and court district of downtown Manhattan, Foley Square Park serves officials of City government as well as a segment of the downtown business community and students of Pace University. Included within Foley Square Park is Thomas Paine Park, which was once a separate parcel, and is located

Request for Proposals Columbus Park Arts & Crafts

on the northern section of the park. In 2000, Foley Square Park was officially opened after a three-year $18 million redesign and reconstruction project that unified six irregularly shaped, open spaces to form one five- acre park. It also rerouted seven blocks of streets surrounding the park to improve both auto and pedestrian safety and flow. The goal of the design was to enhance the area and create a park with an emphasis on public assembly, rest and reflection, while commemorating the history of the Square and adjacent areas in Lower Manhattan.

The fair has been operating at both locations for many years. During this time, the operation has been well received by the NYC Parks Department, the community and the people who visit the fair each year. Parks seeks an operator who will continue the tradition of providing a high quality arts and crafts fair to the community.

THE TERM AND REQUIREMENTS

A non-renewable term of three (3) years is being offered. No longer term will be considered. The term of this agreement shall commence on the date of award of this contract and expire three (3) years from that date. Exact dates shall be subject to Parks’ approval and depend upon restrictions resulting from major special events and other unanticipated eventualities.

SITE MEETING

Parks will hold an on-site inspection meeting for each location as follows:

Columbus Park: Friday, February 10, 2006 @ 11:00 a.m. Meet at Columbus Park, located Cadman Plaza West, between Montague and Johnson Streets

Foley Square: Friday, February 10, 2006 @ 1 p.m. Meet at Duane and Centre Streets, in front of the County Court House in Manhattan

If you are considering responding to this RFP, please make every effort to attend this meeting.

REQUIREMENTS DURING THE TERM OF THE LICENSE

1. The concessionaire will be responsible for operating and maintaining the facility as a concession for the use and enjoyment of the general public.

2. For each year of operation, the successful proposer will be required to operate the fair one day per week ONLY and on the designated day, weather permitting. The permitted day of operation for Foley Square will be Wednesdays, and Columbus Park will be Fridays. Exact dates and rain dates will be subject to Parks' approval.

3. The successful proposer will exhibit and sell arts and crafts in separate booths at the designated location.

4. The successful proposer will be required to submit an estimate of the approximate space used per vendor, the number of participating vendors, and a site plan detailing the location of each vendor. Such plan, in addition to the placement of the market, is subject to Parks’ approval.

Request for Proposals Columbus Park Arts & Crafts

5. It is the successful proposer's sole responsibility to provide all equipment and materials necessary for the operation and maintenance of the arts and crafts show. All fixed equipment becomes the property of Parks upon installation, at Parks’ option. Should Parks choose not to exercise this option, it will be the responsibility of the concessionaire at the end of the license term to remove fixed equipment and return the licensed premises to Parks in a condition as good or better than that at the commencement of the license term.

6. The successful proposer will be responsible for obtaining all necessary permits and licenses necessary for the lawful operation of the concession.

7. The successful proposer will be responsible for all items sold to assure the highest standards of quality and artistic ambience at all times that the arts & crafts exhibit is operating.

8. Parks will retain the authority to guarantee unimpeded pedestrian access along the sidewalks that are affected by the fair.

9. All exhibitors will exhibit from a unified color coordinated display booth. Spaces will be either 15’ x 15’ or 10’ x 10’ depending upon the location, and identification by number. The successful proposer will be responsible for providing such booths. All such booths will be subject to Parks’ approval.

10. The operators of the fair are forbidden to attach structures, signs, ropes or any other objects to the historic fencing around the park or to any trees or light stanchions.

11. No merchandise will be allowed to be stored at this location.

12. The successful proposer will be responsible for all items sold to assure the highest standards of quality and artistic ambience at all times that the arts & crafts exhibit is operating.

13. All advertisements are subject to Parks’ approval. Corporate marketing and the use of commercial logos are prohibited.

14. The concessionaire will remove all rubbish generated by the arts and crafts show(s), according to a plan approved by Parks. The concessionaire will be responsible for cleaning the licensed premises and the area within 50 feet of the licensed premises. In the designated area, the concessionaire will provide garbage cans approved by Parks and will be responsible for regularly emptying the cans. The concessionaire must comply with all City, state, and federal regulations regarding recycling. Proposers should submit a detailed plan for removal of rubbish generated by the concession. The concessionaire’s plan for garbage storage and removal must be approved by Parks.

15. The concessionaire must maintain insurance for the duration of the license term, even if the exhibit only operates seasonally. The required coverage is $2,000,000 in commercial general liability insurance, $1,000,000 in personal injury liability, $1,000,000 in property damage liability insurance and $50,000 fire and extended coverage (NYC Department of Parks & Recreation must be named as sole insured on fire coverage). Insurance certificates must name City of New York AND New York City Department of Parks & Recreation (830 5th Avenue, New York, NY 10021) as certificate holder and as additional insured. The certificate must also specify the name of the park and the location of the concession.

Request for Proposals Columbus Park Arts & Crafts

16. The concessionaire will be required to leave a security deposit with Parks for the duration of the License term consisting of at least 25% of the highest year's fee offer. The security deposit is due upon signing.

17. The concessionaire will be required to submit monthly reports of gross receipts, in a format approved by Parks, broken down into categories of income. At the end of each operating year, the concessionaire will be required to submit a detailed income and expense statement for the past year’s operation.

18. The concessionaire will comply with all City, State and Federal laws relating to access for people with disabilities. In its advertising and promotion program, the concessionaire shall include a plan that describes how it intends to make the programs, services, and activities provided readily accessible and useable by individuals with disabilities.

19. The selling and/or advertisement of cigarettes, cigars, or any other tobacco products is strictly prohibited. It is the concessionaire's responsibility to adhere to and enforce this policy.

20. The concessionaire must cooperate with Parks in the case of special events or other unanticipated eventualities.

21. Pursuant to Parks’ policy citywide, the concessionaire will not be permitted to sell any beverages in glass bottles. All beverages sold should be in non-glass, shatterproof containers. Parks will retain the right during the term to require all canned or bottled beverages to be decanted into paper cups before being served. Also, the use of polystyrene packaging or food containers is prohibited.

22. Concessionaires must comply with all terms of their license agreements. Inspectors from Parks will visit the concession site unannounced to inspect your operations and determine whether or not you are complying with the terms of your license. If inspectors find violations, you may be fined for each violation. If you do not pay such fines, they will be deducted from the security deposit held by Parks.

23. The concessionaire will not be permitted to cut down or remove any trees on the permitted premises without prior written approval from Parks. Any attachments to the trees, such as lights, will not be permitted.

24. The concessionaire must keep all signs and structures free of graffiti.

25. Parks will retain the authority to guarantee unimpeded pedestrian access along the sidewalks that are affected by the exhibit.

26. The concessionaire must leave space in the park for news and media trucks that occasionally use the space as well.

27. The concessionaire will be responsible for all utility costs connected with the operation of this concession. This may include but is not limited to installing all necessary utilities, service lines, conduits, water meters, pipes, etc. The concessionaire will be required to remove any unsuitable existing materials as required. Parks makes no representations that there are adequate utilities in place at the site.

Request for Proposals Columbus Park Arts & Crafts

28. The concessionaire will be responsible for maintaining security within the licensed premises and the immediate surrounding area. Responsibilities include securing the booths, and any other equipment every evening. It will be the concessionaire’s responsibility to provide storage for equipment when the arts and crafts show is not operating.

29. Under no circumstances may Permittee sell linens, nylon bags and backpacks, cosmetics, socks or undergarments, plumbing devices (water conservation products), or CD’s, VCR’s or tapes.

30. Proposers must submit their price lists. All prices are subject to Parks’ approval.

31. Approved Hours of Operation are as follows:

Exhibit Set-up: 7 a.m. – 8 a.m. Arts & Crafts Show: 8 a.m. – 8 p.m. Breakdown/Clean-up by: 7 p.m.

Parks reserves the right to change the hours of operation should this become necessary for any reason.

32. No items are to be displayed on the ground at any time without written approval from Parks.

33. In operating the arts and crafts show, the concessionaire must ensure that the sound level of all concession-related events and activities does not cause an unreasonable nuisance to neighbors living and working near the permitted premises. In the event that the concessionaire obtains Parks’ approval for the operation of sound equipment and music, the concessionaire may operate and play such equipment and music only at a sound level acceptable to the Commissioner.

34. Licensee should be aware that the City currently has and is developing "marketing partnership" agreements. These agreements may identify specific brands as the "designated" or "official" products or services of the City of New York. As this occurs, if the Licensee sells goods in a category that is the subject of a marketing partnership, the Licensee will be required to sell the specific products so identified on an exclusive basis. If directed by the City, the Licensee may be required to purchase the products from designated distributors or suppliers. The City will use reasonable commercial efforts to work with designated distributors or suppliers to provide the products at a competitive price. Should the designated distributor or supplier be unable to furnish Licensee a competitive price, then Licensee shall be permitted to obtain the designated product from any source. If the subject of any marketing partnership is a service, the Licensee will be required to use the service identified if the Licensee utilizes the service that is the subject of a marketing partnership. (For example, if the City enters into a marketing partnership with a financial institution that provides credit card service, the Licensee will be required to accept payment by means of that credit card, but may in addition if the City’s marketing partnership is non-exclusive, accept payment by means of another credit card). If a City marketing partnership for a service is exclusive, Licensee will be required to use that service on an exclusive basis. The Licensee, working with the City's marketing representative, may be required to give the City's marketing representative priority in the placement and scheduling of advertising. Marketing partners will be required to pay the market rate for any such advertising. With respect to designated or official products, the City reserves the right to place vending machines on the Licensed Premise and to require Licensee to sell on an exclusive basis only

Request for Proposals Columbus Park Arts & Crafts

specified products. The City shall not place a vending machine within reasonable proximity of an area that would conflict with Licensee’s operations. The City reserves the right to preclude Licensee from selling competing products (or using competing services) in those categories for which the City has entered into a "marketing partnership" agreement. Preclusion of any such product or service will not change the amount of payments to the City. Licensees should also be aware that the City has entered into a marketing partnership agreement with the Snapple Beverage Group, Inc., pursuant to which, Snapple has been granted the exclusive right to sell iced teas, bottled water and chocolate drink in vending machines on City-owned or controlled property. Accordingly, iced teas, bottled water and chocolate drink are designated products. As such, Licensee is precluded from selling iced tea, water or chocolate drink produced by a company other than Snapple Beverage Group, Inc. via vending machines.

THE REQUEST FOR PROPOSALS PROCESS/PROPOSAL PROCEDURE

A. PROPOSAL SUBMISSION INSTRUCTIONS

All proposals must meet the requirements listed below in the “Proposal Submission Requirements” section, and should comply with the guidelines listed in the “Proposal Submission Guidelines” section.

Proposals should be printed or typed on 8 ½” x 11" paper. There is no page limit for proposals. The proposal submission and the proposal deposit should be submitted in a sealed envelope with the following information written on the outside:

• Your name and address • Solicitation # B113-AS / M30 -AS • Columbus Park and/or Foley Square Arts & Crafts Market • Return Date: Tuesday, February 28, 2006 @ 3:00PM

No proposals should be submitted in plastic sleeves or spiral binders. Illustrations may be included. All plans are subject to Parks’ approval. Oversized drawings may be submitted, but must be accompanied by 8 ½ “ x 11" sectionals or reductions to 8 ½“ x 11". No telegraphic or facsimile proposals will be accepted.

B. PROPOSAL SUBMISSION REQUIREMENTS

1. All proposers must submit a proposal that includes a fee offer.

2. All proposers should state which location they are proposing on. If both locations are being proposed upon, please include separate proposals for each location.

3. All proposers are required to submit as a proposal deposit a certified check, official bank check, cashier’s check or money order in the amount of $7,500 with the proposal (payable to NYC Department of Parks & Recreation). If proposers intend on proposing on both locations, two separate proposal deposits, each in the amount of $7,500, will be required. The check will be retained as liquidated damages in the event the proposer fails to enter into an agreement with Parks. Proposal deposits will be returned to unsuccessful proposers after the contract is signed with the successful proposer.

Request for Proposals Columbus Park Arts & Crafts

All proposals should be submitted in a sealed envelope to the Assistant Commissioner for Revenue, City of New York Parks & Recreation, The Arsenal, Room 407, Central Park, New York, New York 10021, and received by Tuesday, February 28, 2006 @ 3:00PM. No proposals will be accepted after that time. Hand delivery to Room 407 before the deadline is recommended to ensure consideration of your proposals.

C. PROPOSAL SUBMISSION GUIDELINES

1. Proposals should include all of the required information and a fee offer for each year of the license term, expressed as a guaranteed minimum annual fee versus a percentage of gross receipts.

2. Proposals should include completed copies of two (2) VENDEX questionnaires (both Vendor and Principal Questionnaires), which can be obtained through the Revenue Division or at http://www.nyc.gov/vendex.

3. All proposals should be submitted on one side only of 8 ½” x 11” paper. No proposals should be submitted in plastic sleeves or spiral binders. Oversized drawings may be submitted but must be accompanied by sectionals and/or reductions to 8 ½” x 11”. Please submit four (4) copies of your proposal.

4. The proposal should include a resume or detailed description of the proposer's professional qualifications, demonstrating extensive experience in the industry, including work with City agencies, or access to individuals and/or firms with such expertise. Include the names and addresses of all corporate officers of the entity submitting the proposal.

5. Proposers should submit a proposed schedule for set up and break down. Prices, proposed merchandise items and a proposed cleaning schedule should be included. Please note that all of the above is subject to Parks’ approval.

6. Proposers should submit renderings showing the proposed design and layout of the booths and the market, as well as the proposed method of display for the booths. The site plan should indicate the size and location of each booth, as well as the total number of booths. It should also include the placement of any generators and electrical wiring as well as the location of garbage/litter containment areas. All final designs of the successful proposers must be approved by Parks.

7. Proposers should include a detailed, well thought out pro-forma income and expense projection for the market. This pro-forma projection should include explanations for all the assumptions used in its formulation.

8. Proposers should include a financial statement or statements prepared in accordance with standard accounting procedures.

9. Parks & Recreation is charged with improving customer satisfaction with the services provided at facilities on parkland. Therefore, Parks would like proposers to explain in their submissions the mechanisms they would use to measure customer satisfaction with the services offered by this concession. Such mechanisms might include customer evaluations or survey forms. Further, Parks would like proposers to explain how they would improve the quality of services offered if the above mechanisms indicate a need to do so.

Request for Proposals Columbus Park Arts & Crafts

D. EVALUATION AND SELECTION PROCEDURES

Proposals will be evaluated by a selection committee composed of Parks & Recreation employees, in accordance with procedures established by the Franchise and Concession Review Committee, based on the criteria listed below. The concession will be awarded to the proposer whose submission the selection committee judges best overall based on these criteria.

1. Proposal Evaluation Criteria

In evaluating proposals, Parks & Recreation will use the following criteria:

y Fee offer y Planned operations, including site plan, booth design, merchandise quality, variety and affordability y Operating and professional experience, including experience as a City concessionaire, if applicable y Financial capability

2. Evaluation Procedures

Parks & Recreation will only consider proposals that meet satisfactory levels of the above criteria. The City is not required to accept the proposal that includes the highest fee offer. Parks’ acceptance of a proposal does not imply that every element of that proposal has been accepted.

Parks & Recreation cannot consider any proposal that does not comply with the Submission Requirements’ section of this RFP. Proposals that do not meet these requirements will not be evaluated. When feasible, employees of Parks & Recreation will visit facilities operated by proposers.

E. OTHER GENERAL RFP REQUIREMENTS AND CONDITIONS

Parks reserves the right to postpone or cancel this RFP or reject all proposals, if in its judgement it deems it to be in the best interest of the City of New York to do so.

Proposers are advised that Parks has the option of selecting the proposer without conducting negotiations. Therefore, proposers should submit their best proposals initially, since negotiations may not take place. Parks shall not be liable for any costs incurred by proposers in the preparation of proposals or for any work performed in connection therein.

A proposer may submit a modified proposal to replace all or any portion of a proposal submitted up until the proposal submission deadline. Parks will only consider the latest version of the proposal. Late proposals and late modifications will not be considered for evaluation. Proposers may withdraw their proposals from consideration at any time before the proposal deadline. To withdraw a proposal, the proposer must provide Parks with written notification.

Technical addenda issued by Parks will be the only authorized method for communicating clarifying information to all potential proposers. Proposers should contact the agency before submitting a proposal to verify that they have received any addenda issued. Proposers are required to acknowledge the receipt of any addenda in their proposal submissions.

NYC Parks & Recreation is subject to the New York State Freedom of Information Law, which governs the process for the public disclosure of certain records maintained by Parks. (See Public Officers Law, Sections

Request for Proposals Columbus Park Arts & Crafts

87 and 89.) Individuals or firms that submit proposals to Parks may request that Parks except all or part of such a proposal from public disclosure, on the grounds that the proposal contains trade secrets, proprietary information, or that the information, if disclosed, would cause substantial injury to the competitive position of the individual or firm submitting the information. Such exception may extend to information contained in the request itself, if public disclosure would defeat the purpose for which the exception is sought. The request for such an exception must be in writing and state, in detail, the specific reasons for the requested exception. It must also specify the proposal or portions thereof for which the exception is requested.

If Parks grants the request for exception from disclosure, Parks shall keep such proposal or portions thereof in secure facilities.

NYC Parks & Recreation shall not be liable for any costs incurred by proposers in the preparation of proposals or for any work performed in connection therein.

Proposers should be aware that this concession will be developed and operated pursuant to a license agreement issued by Parks. In the event this agreement is terminated, Parks will not consider proposals for reimbursement of licensee's unamortized capital improvement costs as of the date of termination.

Technical addenda issued by NYC Parks & Recreation must be the only authorized method for communicating clarificatory information to all potential proposers. Proposers should contact the agency before submitting a proposal to verify that they have received any addenda issued. Proposers are requiring acknowledge the receipt of any addenda in their proposal submissions.

The Office of the Comptroller of the City of New York is charged with the audit of concession agreements. Any person or entity that believes that there has been unfairness, favoritism or impropriety in the proposal process should inform the Comptroller’s Office of Contract Administration, 1 Centre Street, Room 835, New York, New York 10007. This office may be reached at (212) 669-2323.

Adrian Benepe, Commissioner