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City of Parks & Recreation The Arsenal New York, NY 10021

Solicitation #M10/M53/M93-TS 05/03

REQUEST FOR BIDS

For the Operation of a T-shirt Concession

at Locations in

Central Park, Theodore Roosevelt Park and Duffy Square in

Manhattan

ISSUE DATE

May 9, 2003

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

Request for Bids T-shirt Concession Page 1 www.nyc.gov/parks REQUEST FOR BIDS

For the operation of a T-shirt concession at various locations in Central Park, Theodore Roosevelt Park and Duffy Square, Manhattan

City of New York Parks & Recreation requests bids for the operation of a T-shirt concession for the sale of t-shirts, sweatshirts, polo shirts and hats from ten locations in Central Park and one each in Theodore Roosevelt Park and Duffy Square, Manhattan (see attached list for exact locations). NYC Parks & Recreation is seeking bidders to operate this concession for a three (3) year term. Please note that Central Park, Theodore Roosevelt Park and Duffy Park T-shirt concessions are considered one unit; therefore, you must place a single bid to operate all locations.

Project Manager

NYC Parks & Recreation Project Manager for this concession is Yuika Goto. If you have any questions, she may be reached by phone at (212) 360-1397, by fax at (212) 360-3434, or by e-mail at [email protected].

If you have a hearing impairment, you can reach the City's Telecommunications Device for the Deaf (TDD) at 800-281-5722.

Request for Bids Timetable

The following schedule has been established for this Request for Bids. This schedule is subject to change as circumstances warrant.

RFB Release Date: Friday, May 9, 2003

Bids Due: Monday, June 9, 2003 at 3pm

Note: If you have a physical disability which would prevent you from submitting your bid to the Arsenal, please contact the project manager at least 48 hours prior to the submission deadline so that special arrangements can be made to accommodate you.

Request for Bids T-shirt Concession Page 2

Description of the Concession

NYC Parks & Recreation seeks a concessionaire to operate a T-shirt concession, consisting of ten vending locations for the sale of T-shirts, sweatshirts, polo shirts and hats in Central Park and one each in Theodore Roosevelt Park and Duffy Square, Manhattan. Please see the list of vending locations and the approved vending cart designs included in this document. Vending carts may not be extended beyond the size indicated in these designs; boxes, racks, stacked merchandise, and other unauthorized use of park space surrounding the vending carts are prohibited. Additional carts may not be operated at any time without the prior, written approval of NYC Parks & Recreation.

Any and all items sold and respective prices are subject to Parks’ approval. Along with T-shirts, sweatshirts, and hats, this concession may sell sweatpants, polo shirts, shorts, sun visors, and scarves. This concession may not sell sunglasses, watches, jewelry, handbags, toys, mugs, dishes, statues or other souvenir merchandise.

Parks encourages the concessionaire to sell T-shirts relating to Parks and the City of New York. NYC Parks will not permit the sale of T-shirts promoting musicians, entertainers, sports figures, cartoon characters, commercial products, or non-park-related events. The sale of counterfeit merchandise at these locations will result in the immediate termination of the permit and seizure of the security deposit.

A non-renewable term of three (3) years is offered. No longer term will be considered. No leasehold or other proprietary right is offered.

Following are the T-shirt cart locations in Central Park: 1- Northwest corner 5 Av. & E. 79 St. 6- Northwest corner 5 Av. & E. 88 St. 2- Parkside, 5 Av., E. 82 - E. 83 Sts. 7- Park entrance, 5 Av. & E. 61 St. 3- Inside park, W. 72 St. & Central Park West 8- Northwest corner 5 Av. & E. 72 St. 4- Parkside, Central Park South & 6 Av. 9- near Maine Monument 5- Northwest corner Central Park South & 10- Northeast corner 5 Av. & E. 59 St. Grand Army Plaza West

Following is the location in Theodore Roosevelt Park: 1- South side of the steps at the entrance to the Museum of Natural History, Central Park West between West 77 and West 81 Streets.

Following is the location in Duffy Square: 1- Triangle between and 7 Avenue, West 46 and West 47 Streets, south of the TKTS booth.

Note: Exact locations of carts are subject to Parks’ approval.

Financial Information for Central Park (10 locations)* Period Gross Revenue Fee Offer to Parks July 2000 – May 2001 $755,000 $326,000 Request for Bids T-shirt Concession Page 3 June 2001 – May 2002 $542,000 $376,000 June 2002 – May 2003 $455,000 as of March 2003 $405,000 *Theodore Roosevelt Park and Duffy Square locations are new as of this year. Specifications for T-shirt Carts

The following are the specifications for T-shirt carts. Any existing carts should be retrofitted to meet the design configurations listed below. The design intent is to be maintained. Drawings are to be submitted with the proposal to ensure conformance to the design intent.

Length: Up to 8 feet

Width: Up to 4 feet

Height: Up to 6 ½ feet from bottom of wheel to top of canopy

Material: Cart may be constructed from wood or stainless steel

Color: Cart is to be painted in the color known as “Central Park Green”

Canopy: Canopy may be either green or green and white.

Requirements During the Term of the License

1. The successful bidder will be responsible for obtaining any and all necessary approvals, permits and licenses for the lawful operation of this concession.

2. The concessionaire will be expected to construct vending carts in strict accordance with the designs included in this document. If reconstructing existing carts, the carts should be upgraded with new materials where necessary. In particular, canopies should be replaced. Prior to signing a permit, Parks will inspect vending carts to ensure that they meet specifications. The concessionaire will be required to maintain these vending carts, as approved, in like-new condition throughout the license term.

3. The concessionaire will be required to supply all equipment and materials necessary for the operation of the concession. No equipment may be affixed to Parks' property.

4. Merchandise may be displayed on the carts only. The use of other display equipment (e.g., tables, blankets, racks, rods or poles) is not permitted. Similarly, merchandise may not be displayed on trees, bushes, lampposts, benches, or other public property.

5. Only bins that fit under the cart may be used for storage.

6. The concessionaire will be responsible for keeping the area within 50 feet of each vending cart clean and free of litter at all times. All cartons, boxes, cardboard, and other refuse must be disposed of off-site; such items may not at any time be placed in Parks' trash receptacles. The Request for Bids T-shirt Concession Page 4 concessionaire must comply with all City, Sate, and Federal regulations regarding recycling.

7. All prices and items sold are subject to Parks' approval.

8. The concessionaire's staff will be expected to wear uniforms approved by Parks.

9. The concessionaire must cooperate with Parks if directed to move during special events, capital projects and construction, and other eventualities.

10. The concessionaire should be aware that there is no provision for on-site parking for the concessionaire. No trucks or storage containers may be parked in the park. The concessionaire is responsible for finding off-site parking.

11. The concessionaire will be required to carry at least $500,000 in personal liability insurance coverage and $50,000 in property damage insurance coverage. The insurance certificate must name City of New York as an Additional Insured.

12. A security deposit of at least 25% of the highest year's guaranteed minimum license fee will be held for the duration of the term. The security deposit will be due upon signing.

13. The concessionaire will be required to submit monthly statements of gross revenues from all categories of income in a format approved by Parks. Submission must be made by the tenth day of each month for the pervious month’s revenues.

14. The concessionaire will comply with all City, State and Federal laws relating to access for persons with disabilities.

15. The advertising or sale of cigarettes, cigars, or any tobacco products is strictly prohibited.

16. Concessionaires must comply with all terms of their license agreements. Inspectors from Parks will visit the concession site unannounced to inspect the operation and determine whether or not you are complying with the terms of your license. If inspectors find violations, you may be assessed a fee for each violation.

Bid Submission Instructions

All bids must comply with all items in the Bid Submission Requirements section below, and should comply with all items in the Bid Submission Guidelines section below. A completed bid form (attached to the back of this RFB), a bid deposit, and any additional information must be submitted in a sealed envelope with the following information written on the outside of the envelope:

• Your name and address • Solicitation: M10/M53/M93-TS • T-shirt Concession • Due Date: Monday, June 9, 2003 at 3pm Request for Bids T-shirt Concession Page 5

Additional information submitted should be printed or typed on 8 1/2” x 11" paper. No bids should be submitted in plastic sleeves or spiral binders. Telegraphic or facsimile bids will not be accepted.

Bid Submission Requirements

Each bid submitted must meet the following requirements. Bids that do not comply with these requirements will be automatically disqualified from further consideration. NYC Parks & Recreation cannot consider bids that do not comply with these requirements.

Social Security Number: Your Social Security Number must be included on the bid form.

Fee Offer: Each bid should contain a fee offer to the City expressed as a guaranteed annual payment for each of the three years of operation. You must specify the amount you offer for each year.

Bid Deposit: Bidders must submit a certified check or money order in the amount of $10,000.00 with their submission (payable to NYC Parks & Recreation). The check or money order of the successful bidder will be retained as liquidated damages in the event that this bidder fails to enter into an agreement with Parks. All other bid deposits will be returned to unsuccessful bidders after the contract with the successful bidder is signed.

Bid Deadline: All bids must be received in the office of the Assistant Commissioner, Revenue Division, New York City Parks & Recreation, The Arsenal, 830 , Room 407, New York, NY 10021 no later than Monday, June 9, 2003 at 3pm. Hand delivery to Room 407 before the deadline is recommended to ensure consideration of your bid. All bids must be submitted in sealed envelopes. Bids received after the time and date listed above will be returned to the bidder unopened and will not be considered for award.

Bid Submission Guidelines

Each bid is expected to include the following information:

1. All bidders should submit a proposal that includes all the required information and a fee offer. The fee offer should state the highest sum each bidder is prepared to pay as a license fee for each year of the license. The City strongly urges that there be an escalation in the guaranteed minimum fee over the license term.

2. Bidders should submit a resume or detailed description of the bidder’s professional qualifications. Please highlight any previous experience working for a City agency or City regulatory agency, and the extent to which you have been able to accommodate City procedures. Also, include the names and addresses of all corporate officers of the entity submitting the bid. Request for Bids T-shirt Concession Page 6

3. Bids should include a detailed, well thought out pro forma income and expense projection for each year of operation. This projection should include explanations for all of the assumptions used in its formulation.

4. All bids should include a financial statement listing assets and liabilities, prepared in accordance with standard accounting procedures.

5. Please include a clear photo or rendering of the pushcart to be used, indicating materials to be used, refurbishment planned, etc.

6. Please include a description of planned operations, including prices and items to be sold, hours of operation, a cleaning/maintenance schedule, and related information.

7. Bidders should include a sample, catalog cut, or photograph of the items to be sold. All merchandise is subject to Parks’ approval.

8. Bidders should submit an estimated number of full-time and seasonal employees respectively, the positions these employees will fill, and the percentage of these employees that they expect to hire from the local community.

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

10. Parks encourages the sale of affordable, high quality merchandise.

Evaluation and Selection Procedure

In evaluating bids, NYC Parks & Recreation will select the highest fee offer to the city from a responsible and responsive bidder. Failure to respond substantially to the requirements of the RFB will result in the rejection of the bids. The city is not required to accept any bid. Acceptance of a bid does not imply that every element of that bid has been accepted.

Other General RFP Requirements and Conditions

NYC Parks & Recreation reserves the right to postpone or cancel the RFP or reject all proposals, if in its judgment it would be in the best interests of the City of New York to do so. Proposers may withdraw their proposals from consideration at any time before opening upon written notice to Parks. Proposers are advised that NYC Parks & Recreation has the option of selecting the proposer without conducting negotiations. Therefore, each proposer should submit his or her best proposal initially since negotiations may not take place. Request for Bids T-shirt Concession Page 7

All Request for Proposals submission material becomes the property of the City of New York Parks & Recreation. Proposal submission material will generally be made available for inspection and copying by interested parties upon written request, except when exempted from disclosure under the New York State Freedom of Information Law.

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 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, pursuant to Section 87 (2)(d) of the Public Officers Law, 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 will 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. The project manager 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 NYC Parks & Recreation will be the only authorized method for communicating clarificatory information to all potential vendors. Proposers should contact the agency prior to submission of proposals to verify that any addenda issued have been received and proposers are to acknowledge the receipt of all addenda as part of their proposals.

The Office of the Comptroller of the City of New York is charged with the audit of concession agreements. Any person or entity who 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, NY 10007. Telephone: 212-669-2323.

Adrian Benepe Commissioner

Request for Bids T-shirt Concession Page 8

T-Shirt Concession Bid Form Monday, June 9, 2003 at 3pm

This form must be submitted with a certified check or money order in the amount of $600.00 payable to NYC Parks & Recreation. Any additional information should be submitted on one side of an 8 1/ ” x 11" paper only. All submissions become the property of Parks.

NAME: *SOCIAL SEC. # - - _ Last First M *You must include your Social Security Number

ADDRESS:

CITY: STATE: ZIP:

PHONE: You must provide at least two (2) numbers at which we will be able reach you.

BUSINESS ( ) HOME ( )

PAGER/CELLULAR ( ) FAX ( ) ______

OTHER ( ) (If this line is completed, please indicate a contact person or explain further)

______

Fee Offer

Year 1: Minimum guaranteed payment: $ _

Year 2: Minimum guaranteed payment: $ _

Year 3: Minimum guaranteed payment: $______

NOTE: Parks expects an increase in the second year's license fee, and a further increase in the third year’s fee. Parks strongly encourages an increase of at least 5% between years. The minimum acceptable bid for each year of operation is $600.00.

Request for Bids T-shirt Concession Page 9

List all permits, licenses, leases, and franchises issued by the city or state agencies held by you.

Description Expiration Date

NY State Sales Tax:

Health Department Certificate:

Tax I.D. Number:

Have you operated at this park previously? Yes No

If yes, describe the concession(s): _

____

List all current Park permits held by you and/or any entity you control:

Are you a veteran? Yes No

Briefly describe your experience and qualifications:

Briefly describe how you will improve customer service:

List all current Park permits held by you and/or any entity you control:

Request for Bids T-shirt Concession Page 10

I certify that to the best of my knowledge, all statements on this form are true.

Signature Date