REQUEST FOR PROPOSAL Westchester County Department of Parks, Recreation and Conservation 450 Saw Mill River Road Ardsley, New York 10502

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1 REQUEST FOR PROPOSAL Westchester County Department of Parks, Recreation and Conservation 450 Saw Mill River Road Ardsley, New York CONTRACT FOR GOLF COURSE MAINTENANCE, GOLF PROFESSIONAL SERVICES AND FOOD AND REFRESHMENT SERVICE HUDSON HILLS GOLF COURSE 400 CROTON DAM ROAD OSSINING, NEW YORK, The Westchester County Department of Parks, Recreation and Conservation is seeking proposals from qualified individuals and firms interested in providing golf course maintenance, golf professional services and operate the food and beverage concession at Hudson Hills Golf Course, Ossining, New York. 1

2 The intent of this Request For Proposals (RFP) is to seek out and select (a) Contractor(s) who will (A) provide high quality maintenance to preserve and nurture the County s investment in the golf course and (B) provide lessons and operate and manage the pro shop and golf cart operation with an emphasis on an exceptional level of customer service and (C) provide food and refreshment service in the clubhouse. Proposers may submit a proposal which will include one, all, or any combination of the services requested in the RFP, however, proposals for the separate components of service: golf course maintenance, the golf professional concession and food and refreshment concession must contain separate and distinct standalone business plans. The County, at its sole discretion, will select whichever proposal or proposals are in its best interest. The County desires to make these opportunities available to all qualified candidates regardless of any current affiliations with Westchester County golf courses. The County has made a significant capital investment at Hudson Hills and is looking for firms or individuals to partner with the County and share its vision for maintaining and operating a top quality public golf course. The Contractor(s) will be required to furnish a Security Deposit as specified in Article 4.13 of the RFP. There will be a pre-proposal meeting at the golf course in accordance with the schedule in Article 2.7 of this Request for Proposals. All completed proposals must be received in the Office of the Director of Concessions, Westchester County Department of Parks Recreation and Conservation, 450 Saw Mill River Road, Ardsley, New York by 2:00 p.m. on September 23, The Department of Parks, Recreation and Conservation will not be responsible for any internal or external delivery delays, which may cause the RFP to arrive beyond the deadline. An original plus ten copies of the proposal must be submitted. No materials will be accepted after the deadline. An evaluation committee comprised of appropriate personnel from various County departments will review the proposals and may, if necessary, conduct interviews with one or more of the qualified firms 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. Please note that the following attachments must be completed in full and submitted or it may constitute grounds for disqualification: 2

3 A: Golf Course Maintenance 1,2,3,4,5,6,7,8,9,10,13,16,19,23,26 B: Golf Professional Concession 1,2,3,4,5,6,7,8,9,11,14,17,20,21,24 C: Golf Course Food and Refreshment Concession 1,2,3,4,5,6,7,8,9,12,15,18,22,25 and all proposal exhibits. 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. 3

4 Table of Contents 1.0 Purpose and Intent Understandings/Legal Representations License License Term Contents of Proposal Proposal Due Date Proposal Delivery Signature Alterations Pre-Proposal Conference Questions and Inquiries Cost Liability Proposal Response Date Oral Presentation Obtaining Essential Information Non-Collusion Exclusive Vendors Conflict of Interest Minimum Qualifications of Proposers Uniforms

5 3.2 Use of Special Imprinted Products Contract and Term Indemnification and Insurance Utilities Prices Revenue Collection, Cash Handling and Inventory Golf Pro Concession Payments Hours and Days of Operation Sales Limitations/Pouring Rights Liquor License Maintenance Cart Maintenance Maintenance Equipment Maintenance of Food Concession Security Deposit Improvements Required Clinics or Group Lessons Force Majeure Termination Non-Discrimination/Equal Opportunity MBE/WBE

6 4.20 Assignment Independent Contractor Assignment of Authority Signs Method of Payment Employees of Licensee Inspection Compliance With Law Non-Collusion Conflict of Interest MacBride Principles Required Disclosure of Relationships Criminal Background Disclosure Proposal Evaluation Proposal Preparation and Submission Section 1 - Technical Proposal Form Section 2 -Maintenance Operation Plan Section 3 -Golf Professional Business Plan Section 4 -Food and Refreshment Concession Business Plan Section 5 -Attachment 16 - Improvements Section 6 -Attachments and Fee Proposal Forms for Submission

7 1.0 Purpose and Intent The County of Westchester Department of Parks, Recreation and Conservation is soliciting proposals from qualified firms or individuals interested in providing the following services at Hudson Hills Golf Course (A) golf course maintenance (B) golf professional services and (C) food and refreshment service. Candidates may submit a proposal(s) for any combination of services. Proposers may submit a proposal which will include one, all, or any combination of the services requested in the RFP, however, proposals for the separate components of service: golf course maintenance, golf professional concession and food and refreshment concession must contain separate and distinct stand-alone business plans. The County, at its sole discretion, will select whichever proposal or proposals are in its best interest, as defined by the County. Golf Course Maintenance The scope of services for golf course maintenance is: to develop a maintenance program and maintain the golf course in accord with a maintenance program approved by the Westchester County Department of Parks, Recreation and Conservation ( PRC ). This includes, but is not limited to, the following activities to be done on a prescribed schedule: mowing, fertilization, pest management, aerification, topdressing, overseeding and irrigation. All equipment used for this operation will be purchased/leased new and supplied and maintained by the successful proposer. The successful proposer will be responsible for maintaining all County-owned equipment, including, but not limited to irrigation lines and pumps. The successful proposer shall, prior to each golf season, submit a detailed Annual Plan for review and approval of the Commissioner of Parks, Recreation and Conservation ( Commissioner ) or her duly authorized designee and shall report any deviations from the Annual Plan in writing to the Commissioner. The golf course maintenance contractor will be supplied with approximately 3,500 square feet of space. The golf course maintenance contractor will be required to maintain the field toilet and shall paint and stain the exterior of the clubhouse building and replace any wood as necessary no later than May 31, Alterations and improvements to store and maintaining equipment are also required. Plans and drawings should be submitted with the proposal. Golf Professional The scope of services for the golf professional operation is: operate the pro shop, maintain a 70 cart fleet and provide lessons to patrons. The golf professional shall also construct a structure approved by the Commissioner to house approximately 35 golf carts no later than March 15, All golf carts shall be leased by the County of Westchester and all fees are determined by the Commissioner and approved by the Parks, Recreation and Conservation Board. The golf professional will be supplied with approximately 400 square feet of space in the clubhouse for merchandise display, storage and an office. Golf carts will be stored in the basement of the clubhouse and the new cart building. The golf professional will be required to decorate the interior of the pro shop including carpeting, 7

8 painting, and paneling and will need to furnish display racks, counters and specialized lighting. Plans and drawings should be submitted with the proposal. It is expected that the successful proposer will operate the pro shop in a professional manner while giving lessons and stocking the shop with name brand merchandise and equipment. Licensee shall be required to participate in the Hole in One Golf Camp offered by the Department of Parks, Recreation and Conservation. Food and Refreshment The scope of services for the food and refreshment concession is to provide food and refreshments to golfers and operate and maintain the food concession for daily golfers and group outings. The Licensee shall also furnish and install all equipment, paint and decorate approximately 1,306 square feet provided in the clubhouse and operate the food and refreshment concession at Hudson Hills Golf Course. The food and refreshment service consists of a dining area with an area of approximately 768 square feet, and a kitchen with an approximate area of 160 square feet. Golfers will be able to obtain service prior to their round, and access the clubhouse by the first, ninth, and eighteenth holes. It is expected that the successful proposer will provide a wide selection of food and beverages at reasonable prices and service befitting the upscale image of the golf course. A full liquor license will be required for this operation. The successful proposer for the food and refreshment concession is required to paint, decorate, and modify the existing space for a food concession operation. This includes, but is not limited to furnishing and installing all equipment including cooking, refrigeration, ventilation, and fire protection. The successful proposer shall also provide a tent or structure to accommodate patrons outside in an area designated by the Commissioner or her designee. Any changes to the décor or improvements must be approved by the Commissioner or her designee. The following is included as part of this RFP: GOLF COURSE MAINTENANCE Adhere to the existing maintenance program and provide to the County written notice of any deviations in the Annual Plan. Purchase or lease, new equipment and operate and maintain all equipment required for this operation including, but not limited to mowing equipment, pumps, motors, electric panels and replace as necessary. Maintain all equipment at the sole expense of the Licensee. Purchase all supplies and chemicals required for the maintenance including, but not limited to pest management, fungicides, insecticides, herbicides, fertilizer, topdressing, and seeds. All chemicals used must be in compliance with the Westchester County Pest Management Committee and the Integrated Pest Management Program. Maintain fire alarm system and inspect on a semi-annual basis. 8

9 Maintain heat/air conditioning units and have inspected once annually. Develop guidelines for irrigating according to specific needs as affected by topography, exposure, and intensity of traffic, rooting depth and evapotranspiration rate and maintain and operate the irrigation system. Operate with a schedule to maximize customer use of the golf course while maintaining the high standards of required maintenance. Maintain, stock and clean the field toilet. Complete all required improvements to the satisfaction of the Commissioner or her designee. Schedule C includes relevant data on the current maintenance agreement. GOLF PROFESSIONAL CONCESSION Golf Professional Concession - Summary of Responsibilities Operate and manage golf shop retail operations including purchasing and maintaining inventory. Collect receipts of every sort including greens fees, golf cart rentals, membership fees, golf cart fees and fees for the sale of retail merchandise and maintain accurate records of all transactions and provide daily cash reports. Decorate the pro shop including all painting, carpeting, paneling, specialized lighting and decoration. Stock the pro shop with clubs, rental clubs (complete sets), bags, clothing, shoes, balls, gloves, tees and golf balls and shall provide the following services on premises: the regripping of golf clubs, the replacement of spikes on golf shoes and Metropolitan Golf Association handicap service. Prepare cash report and all related reports on a daily basis and check deposits for armored car pick-up. Provide teaching professional who is a member of the Professional Golfers Association of America to furnish golf lessons to patrons. Provide a minimum of two people in the pro shop simultaneously from May 1, through October 31 to answer telephone inquiries and to act as cashiers. Provide adequate, trained staff to manage the operation and provide excellent service to golfers including cashier services to sell park passes and gift certificates 9

10 Manage the golf cart fleet and have golfers sign a damage waiver for golf cart usage; in the event that the golf professional does not inspect the golf cart after usage, the golf professional may be held responsible for all third party damage above and beyond normal wear and tear. Wash golf carts after each use to maintain a clean appearance. Ensure the carts are charged or fueled prior to service. Secure golf carts every night, keep the pro shop and surrounding area clean. Provide courteous and efficient service emphasizing customer satisfaction in a full-service environment by minimizing waiting times for golfers, complying with daily golf schedule and providing adequate staff coverage during the entire golf season. Golf professional shall provide services, including but not limited to scoring as needed for golf outings and tournaments. Complete all required improvements to the satisfaction of the Commissioner or her designee. In conjunction with the Recreation Division of the Parks Department, provide a minimum of 32 hours of complimentary instruction each year for the golf camp at Hudson Hills Golf Course. Golf professional shall pay to the County a license fee for the golf professional shop. Decorate the pro shop including all painting, carpeting, paneling, specialized lighting and decoration. Furnish and supply all merchandise, displays and racks. Operate in a clean and efficient manner. Provide courteous and efficient service maximizing customer satisfaction. Provide repairs to golf related equipment. The County currently leases a fleet of 65 electric powered golf carts for rental to the public. In 2014 the County plans to lease approximately 70 carts. The contractor will be responsible for the maintenance and operation of the golf carts including, but not limited to, keeping the carts clean, in good repair and supplying carts with divot mix as needed. At Hudson Hills, Golf Carts are complimentary and are provided free of charge and are optional for all guests. The successful proposer will pay all related costs. Maintain air conditioning equipment for the designated area. Construct a structure to house up to 35 golf carts in a location determined by the Commissioner which shall meet all applicable building codes. Detailed plans must be 10

11 submitted with the proposal and the structure requires the prior approval of the County. Complete all required improvements to the satisfaction of the Commissioner or her designee. Relevant information concerning the current agreement for the golf professional are included in Schedule C. FOOD AND REFRESHMENT CONCESSION Furnish and install all equipment, for the food and refreshment concession including all grills, ovens, and refrigeration. Furnish, install and maintain the fire protection system in compliance with all applicable fire codes and Department of Health standards. Operate and maintain the food and refreshment concession at Hudson Hills Golf Course in accordance with quality standards, which shall be determined at the sole discretion of the Commissioner in conformance with generally accepted professional standards. Provide patrons with high quality fare at reasonable prices, all prices subject to the prior approval of the Commissioner or her designee. Operate the concession in a professional, clean and an efficient manner, and in compliance with all applicable 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. Complete all required improvements to the satisfaction of the Commissioner or her designee. Clean all public areas inside the clubhouse, including but not limited to bathrooms, hallways, stairways and lobby. Complete all required improvements to the satisfaction of the Commissioner. Schedule C contains relevant information pertaining to the current agreement. 1.1 Understandings/Legal Representations Please take notice, by submission of a proposal in response to this RFP, proposing entity agrees to and understands: that any proposal, attachments, additional information, etc. submitted pursuant to this 11

12 Request for Proposals constitute merely a suggestion to negotiate with the County 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 for the required services; by submitting a proposal, the proposing entity agrees and understands that the County 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, 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 reserves the right, and may at its sole discretion exercise, the following rights and options with respect to this RFP: To reject any or all proposals; To issue additional solicitations for proposals and/or amendments to this RFP; To waive any irregularities in proposals received after notification to proposers affected; To select any proposal as the basis for negotiations of a contract, and to negotiate with one or more of the proposers for amendments or other modifications to their 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; While this is a RFP and not a bid, the County reserves the right to apply the case law under Section 103 of the New York State General Municipal Law regarding bidder responsibility in determining whether a proposer is a responsible vendor for the purpose of this RFP process; 12

13 No proposal will be accepted from nor any agreement awarded to any proposer that in arrears upon any debt or in default of any obligation owed to the County. Additionally, no agreement will be awarded to any proposer that has failed to satisfactorily perform pursuant to any prior agreement with the County. 2.0 License The County of Westchester Department of Parks, Recreation and Conservation shall enter into one or more contracts for the following services at Hudson Hills Golf Course: (A) the maintenance of Hudson Hills Golf Course, (B) the golf professional concession and (C) the food and refreshment concession in accordance with an agreement(s) to be prepared by the County of Westchester. 2.1 License Term It is anticipated that the agreement(s) will commence on January 1, 2014 through December 31, 2018, with the County having the sole option to extend the license for an additional period of five years from January 1, 2019 through December 31, Contents of Proposal 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 or other data whose public disclosure could cause substantial injury to the proposer's competitive position or constitute a trade secret. In the event the proposer believes that the RFP contains protected information, the proposer must insert the following notice in the front of its proposal: 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. The County does not assume any responsibility for disclosure or use of marked data for any purpose. In the event properly marked data is requested pursuant to the State Freedom of Information Law, the firm will be advised of the request and may expeditiously submit to the County a detailed statement indicating the reasons it has for believing that the information is exempt from disclosure under the law. This statement will be used by the County in making its determination as to whether disclosure is proper under the law. 13

14 2.3 Proposal Due Date Date: September 23, 2013 Time: 2:00 p.m. EST Location: Office of the Director of Concessions Westchester County Department of Parks, Recreation and Conservation 450 Saw Mill River Road, Ardsley, New York To be considered, proposals must arrive at the Director of Concession's office and be time-stamped prior to the deadline specified above. 2.4 Proposal Delivery The exterior of all proposal packages should be labeled with the proposal title and the final proposal opening date. Proposals must be received prior to the deadline. Late proposals are ineligible for consideration except if the proposer experiences an emergency or accident enroute. Should the proposer encounter a problem while enroute, the Director of Concessions should be contacted immediately at (914) , and the Director, in his sole discretion, will determine whether to accept the proposal. 2.5 Signature Proposals must be signed. Unsigned proposals will be rejected. 2.6 Alterations Proposal fee must be typed or written in ink. Any fee changes (including "white outs") must be initialed, or the item may be disqualified and the proposal rejected. 2.7 Pre-Proposal Conference Attendance at the pre-proposal conferences is optional but strongly recommended. This information session presents an opportunity for the proposer(s) to clarify any concerns regarding proposal requirements. The proposer(s) is cautioned that, although the proposal conferences are optional, no modification or changes will be allowed in the pricing because of the failure of the proposer to have attended the conference. All site visits must be arranged through the office of the Director of Concessions, no unscheduled site visits shall be permitted. The conference is scheduled for the following date: Hudson Hills Golf Course, September 12, 2013 at 2:00 p.m. at 400 Croton Dam Road, Ossining, New York Questions and Inquiries It is the policy of the County to accept questions and inquiries in writing from proposers. Proposers should submit written questions in advance of the proposal conference. Only answers in the form of a written addendum to the RFP shall be binding unless modified in a subsequent written addendum. 14

15 Oral explanations or instruction given over the phone prior to the proposal submission date shall not be binding on the County. All written questions must be directed to the individual designated below and received by September 13, Mr. John M. Condon, Director of Concessions Westchester County Department of Parks, Recreation and Conservation 450 Saw Mill River Road, Ardsley, New York Cost Liability The proposer shall bear all costs associated with submitting the proposal(s), including proposal(s) preparation, site visitation, or any travel connected with submission of the proposal(s). The County shall have no liability whatsoever for such costs Proposal Response Date To be considered, proposals must arrive at the office of the Director of Concessions, Westchester County Department of Parks, Recreation and Conservation, 450 Saw Mill River Road, Ardsley, New York and be time stamped prior to 2:00 p.m., EST. on September 23, Proposers mailing their proposals are cautioned to allow for normal mail delivery time to ensure that the Director of Concessions receives their proposal(s) on time Oral Presentation Proposers who submit a proposal in response to the RFP may be required to give an oral presentation of the proposal to the Evaluation Committee. This will provide an opportunity for the proposer to clarify or elaborate on the written proposal Obtaining Essential Information The Director of Concessions reserves the right to obtain additional information he deems necessary to determine the ability of the proposer to carry out the obligations of the agreement. This includes information needed to evaluate the experience and financial capability of the proposer to complete the requirements of the RFP Non-Collusion The proposer, by signing the proposal, does hereby warrant and represent that this proposal(s) and/or 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. 15

16 2.14 Exclusive Vendors The County reserves the right to require the Licensee to purchase only those maintenance equipment, products or golf carts for which the County has entered into an exclusive sponsorship contract. Licensee shall comply with such requirement within thirty (30) days of written notification by the County as to the existence of such an exclusive vendor contract. Currently, there is a pouring rights agreement with Pepsi Cola Bottling Company of New York through December 31, Conflict of Interest The award of a contract is subject to provisions of all Federal, State, and County law. All firms must disclose with their proposals the name of any officer, director, or agent who is also an employee of the County. 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. 3.0 Minimum Qualifications of Proposers (or of officers or employees of corporate proposers) (A) Golf Course Maintenance A minimum of ten (10) years continuous and demonstrated experience in the maintenance of at least one (1) golf course. Preference will be given to proposers who have experience operating high level public golf courses. (B) Golf Professional Concession The proposer must supply written proof that the golf professional to be assigned to Hudson Hills is a current member of the Professional Golfers Association of America. The golf professional must be in possession of the PGA membership card at the time of the submission. (C) Food and Refreshment Concession A minimum of five (5) years experience as an owner and operator of a snack bar, restaurant or similar concession with annual gross sales in excess of $250, Uniforms All employees of the Licensee must wear uniforms. The uniforms are subject to the prior approval of the Commissioner. 3.2 Use of Special Imprinted Products The Licensee may be required to use products imprinted with the logo of the Department of Parks, Recreation and Conservation. The Commissioner must approve all items for sale and the Licensee may be required to sell merchandise with County logos such as shirts, hats, etc. in the pro shop. 4.0 Contract and Term A formal written contract(s), with specification, will be entered into between the parties. The proposal, or any part thereof, submitted by the successful proposer may be attached to and become a part of the contract. After selection of the successful proposal, a formal written contract will be drawn by the County of Westchester and will not be binding or in 16

17 force until approved by the Commissioner, signed by both parties, and approved by the Office of the County Attorney. The term of the contract shall be for five years with the County having the sole option to extend the license for a period of five years. 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. 4.1 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, or 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 relating to its proposal. 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 Licensee shall be named as insured on all policies obtained by the Licensee and Certificates of Insurance shall be furnished to the County of Westchester by the Licensee and a similar indemnity provision to that recited above will be included on all such insurance policies (See Schedule"A" Standard Insurance Provisions found in the Appendix.) 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. 4.2 Utilities Utility expenses such as electricity, garbage removal, gas, oil and telephone charges, which are or may be required to operate the contract, will be borne by the Licensee(s). The County will be responsible for providing water up to an $185,000 annual cap for irrigating the golf course. Any water expense exceeding the annual cap shall be paid by the Maintenance Contractor. 17

18 4.3 Prices All prices and fees are subject to the approval of the Commissioner. The Commissioner reserves the right to determine what products will be sold. The Licensee acknowledges that the County may reserve the exclusive right to determine which products are sold on County property and the County may limit the sale of certain products to be sold to products for which the County has entered into an agreement with. The Licensee must immediately comply with all County directives or policies for the sale of products in County facilities. The Commissioner, with the approval of the Parks, Recreation and Conservation Board, sets greens fees and golf cart rental fees. A listing of fees is attached in Schedule D. 4.4 Revenue Collection, Cash Handling and Inventory Golf Professional Concession (a) Retail Inventory for Resale. Licensee will operate and manage the golf shop retail operations at the Licensed Premises. All golf shop retail inventory shall be the sole property of Licensee during the term of this License and Licensee will be solely responsible for providing funds for purchase of all retail inventory. Licensee shall provide a customer receipt for all transactions. (b) Gross Revenue and Receipts Collection. Licensee will collect all revenue and receipts of every sort at the Licensed Premises pertaining to the sale of goods and services to patrons at the Licensed Premises including but not limited to County Sales and Pro Shop Sales and maintain an accurate record of all transactions. County Sales include greens fees, motorized golf cart rentals, membership fees, gift card sales and park pass sales. Pro Shop Sales include merchandise sales, re-gripping of golf clubs, replacement of spikes on golf shoes, Metropolitan Golf Association handicap service and golf lessons. Licensee may accept cash, checks, major credit cards, or traveler checks as payment pertaining to the sale of goods and services. Collection of returned checks and deposit adjustments will be the sole financial and managerial responsibility of Licensee. The County will pay all processing fees charged by the credit card company(s) for County Sales. Licensee shall provide a customer receipt for all transactions and keep copies of all transactions. (c) Cash Register/Point-of-Sale System. Licensee will record all receipts derived from the operation of the Licensed Premises as set forth herein from County Sales in the County s point-of-sale system. The cash register/point-of-sale system shall be the sole property of the County. Revenue derived from Pro Shop Sales shall be separate from the Countyowned point of sale system. The golf professional shall have the sole responsibility for installing and maintaining the golf professional point of sale system specifically for the aforementioned transactions. Original detailed transaction information for all sales will be retained for five (5) years. Credit Card sales receipts with the customer s original signature must be kept accessible and in a chronological and orderly fashion at all times. This information shall be shared with the County upon request in both paper and electronic formats. 18

19 (d) Deposit of Revenues. For the term of this License all receipts (cash, checks and traveler s checks) derived from County Sales shall be deposited intact daily by Licensee into the County s designated bank account. Such deposits shall be made daily and no later than the close of the following business day at the Licensed Premises in accordance with procedures prescribed by the County. County Sales revenue shall be collected and deposited using a commercial armored-car service paid for by the County. Licensee will provide the County with a daily cash report of all transactions. (e) Taxes and Fees. Licensee shall be responsible for payment of all sales, use, value included, excise and admissions taxes for all Pro Shop Sales. Except as provided for herein, under no circumstances shall Licensee be responsible for payment of any federal, state, or local income or sales taxes attributable to the County s ownership of or operation of the Licensed Premises. (f) The Licensee shall establish and maintain separate books and records and accounting procedures of its business operations hereunder and for the funds earned under this Agreement which shall present an accurate record of its business operations hereunder in accordance with Generally Accepted Accounting Principles. The County shall have the right, at its option, to inspect and audit such books and records as are reasonably pertinent to this Agreement at all reasonable times. (g) In addition, the Licensee, at its sole cost and expense, shall submit to the Commissioner, no later than seventy-five (75) days following the final day of the golf season of the licensed term, an audited statement of its gross receipts stating gross receipts derived from the operation of this contract. Said audited statements must be prepared and signed by a reputable Certified Public Accountant satisfactory to the County. (h) Licensee shall retain for at least five (5) years after the termination of this Agreement all supporting records incident thereto including, without limitation, point of sale records, tax reports, Federal and State Tax Returns, banking records, cash receipts records. Licensee shall allow the County to inspect/audit said records and/or point of sale equipment at any time during the term of this Agreement and said records for a period of six (6) years after the termination of this Agreement. Records and Audits. Licensee shall keep accurate books and records of its business hereunder in accordance with generally accepted accounting principles and in a manner acceptable to the Commissioner. The County shall have the right to inspect and audit such records (at County s sole cost and expense) at any time to ensure the Licensee's compliance with the terms of this License. 19

20 4.5 Payments Maintenance Agreement Payments - Payments for the Maintenance Agreement will be negotiated with the successful proposer. Golf Professional Payments - Payments for the Golf Professional Agreement will be negotiated with the successful proposer. Food and Beverage Concession Payments Payments to the County for the Food and Beverage Concession shall be made in four equal payments during the golf season. 4.6 Hours and Days of Operation Hudson Hills generally opens in mid-march through December 31 st each year, weather permitting. During peak season from June through the end of August, the hours of operation are 5:00 a.m. to 9:30 p.m. During April and May the hours of operation are from 6:00 a.m. to 8:30 p.m. From September until the golf course closes in December, the hours of operation are from 6:00 a.m. until sunset. The hours, opening and closing date are determined by the Commissioner and are subject to change. The golf professional concession must be open during the hours of operation for the golf course. The food and refreshment concession must be open thirty (30) minutes before the first tee off time. It must remain open as long as the golf course is open and may only be closed when the golf course manager informs the concessionaire that the golf course is closed 4.7 Sales Limitations/Pouring Rights The golf professional concession shall have the right to sell golf-related clothing, equipment, including, but not limited to, tees, gloves, balls, hats, shoes, clubs, etc., and offer repair services for golf equipment in the area designated by the Commissioner. The Commissioner must approve all items for sale. The food and refreshment concession may sell food and beverages, including alcoholic beverages. Due to space limitations and county policy, the food and refreshment concession will be limited to the existing designated space. However, the County will allow the erection of a tent for outings, to be provided at the sole cost of the Licensee, at the sole discretion of the Commissioner and will also consider the enclosure of the porch area to increase the serving capability of the food and refreshment concession. The Commissioner must approve all items for sale. The County reserves the right to require the Licensee to purchase, for resale to patrons of the Licensed Premises, only those soft drink products, which shall include carbonated and non-carbonated beverages and bottled water for which the County has entered into an exclusive pouring rights contract. The County reserves the right to require the Licensee to purchase, for resale to patrons of the Licensed Premises, only products, for which the 20

21 County has entered into an exclusive contract. Licensee shall comply with such requirement within thirty (30) days of written notification by the County as to the existence of such an exclusive contract, which shall include, but not be limited to, products sold in vending machines, products sold in any food and refreshment concession or products sold in the golf professional shop. Currently there is a pouring rights agreement with the Pepsi Cola Bottling Company of New York. The County reserves the right to require the Licensee to purchase, for resale to patrons of the Licensed Premises, only those food products for which the County has entered into an exclusive contract, which shall include, but not be limited to, products sold in vending machines. Licensee shall comply with such requirement within thirty (30) days of written notification by the County as to the existence of such an exclusive contract for food products. 4.8 Liquor License Promptly upon execution of the license agreement, the successful proposer, ( Licensee ) shall apply for and diligently pursue all necessary and appropriate action to obtain a license from the appropriate licensing authorities to serve alcoholic beverages at the concession, (the Licensed Premises ). The failure of the Licensee to obtain and maintain a license to serve alcoholic beverages in the Licensed Premises at all times during the term of the license agreement shall be a material breach of the License Agreement and shall be deemed a material default. A full liquor license must be obtained. 4.9 Maintenance Licensee will accept all buildings and their equipment "as is" in their present existing condition. The Licensee shall, at its own expense and upkeep, make such repairs or improvements necessary to maintain County owned buildings and areas occupied for the purpose of operating the License and shall be responsible for the daily maintenance and upkeep. Licensee will not make alterations, additions, or improvements to the facility without prior written consent of the Commissioner. All alterations, additions, and improvements whether temporary or permanent in character, shall at all times be deemed to the property of the County and shall remain upon the premises at the termination of the agreement. Licensee will not be responsible for major structural repairs to roofs, exterior walls, heating or plumbing. However, the Licensee is required to provide its own plumbers and electricians to install all equipment for the concession. The Licensee will be responsible for the repair and maintenance of all County-owned equipment during the term of the license. The Commissioner, or his designated representative(s) may direct the successful proposer to replace any broken, worn, or otherwise defective equipment including, but not limited to, tractors, lawn mowers, golf carts, fixtures, or any other non-structural part of the golf professional shop or maintenance building. Licensee will also be responsible for all waste and refuse generated from the maintenance, golf professional and food and refreshment contract(s) and shall properly dispose of all waste and refuse in compliance with all environmental laws and regulations including source separation and recycling. The Contractor shall contract with a private contractor for waste removal. 21

22 4.10 Golf Cart Maintenance (B Only) All golf carts must be washed down after each use and all trash, empty cans, etc. must be removed, prior to the next customer. A daily maintenance log must be kept and be made available for inspection. The Licensee will comply with all directives concerning maintenance from the Commissioner or her designee Maintenance Equipment (A Only) All equipment shall be checked prior to use to ensure that there is adequate fuel and lubrication and that the equipment is functioning properly. All equipment shall be serviced according to the manufacturer s specifications at the required intervals listed in the equipment manual and up to date maintenance logs will be maintained. The successful proposer shall purchase appropriate safety equipment and shall mandate that the safety equipment be worn in a proper fashion. The successful proposer shall repair and replace all equipment as required or as directed by the Commissioner or her designee Food Concession Maintenance (C Only) Prior to the opening of the golf season annually, Licensee shall have the entire hood and duct system cleaned. Licensee shall keep the hood system free and clean of grease. Licensee shall be responsible to make all repairs to the hood and exhaust fan. Licensee shall also be responsible for repairing and maintaining the air conditioning system for the restaurant, and shall enter into an agreement with a licensed contractor to remove kitchen grease from the premises. The County may request evidence of the contract for grease removal. Licensee will also enter into an agreement for an approved exterminator and provide evidence to the County that the agreement is current. Failure to maintain a kitchen grease or licensed exterminator may result in a default of the License Agreement. Licensee will not make alterations, additions, or improvements to the facility without prior written consent of the Commissioner. All alterations, additions, and improvements whether temporary or permanent in character, shall at all times be deemed to be the property of the County and shall remain upon the premises at the termination of the agreement. Licensee will not be responsible for the repairs to the roofs, exterior walls, heating or plumbing. The Licensee will be responsible for the repair and maintenance of all County-owned equipment during the term of the license Security Deposit Golf Course Maintenance Contract - Licensee will, at or before the execution of the resulting agreement, furnish to the County of Westchester, a performance bond in the sum of $500,000 in a manner acceptable to the County Attorney. Golf Professional Contract - Licensee will, at or before the execution of the resulting agreement, furnish to the County of Westchester, the sum of $5,000 in the form of a check to the County of Westchester. This will be deposited in an interest bearing account by the County of Westchester as security for faithful performance and non-negligent performance of the agreement. The security deposit and interest will be returned to the Licensee when all contractual obligations are satisfied. In addition, the County may, at its sole discretion, withhold any payments due the Licensee and apply payments toward any outstanding financial obligations owed by Licensee to the County in order to satisfy said financial 22

23 obligations to deduct from proceeds of golf carts due to the Licensee, any outstanding license fees until all obligations are satisfied. Food and Refreshment Concession - Licensee will, at or before the execution of the resulting agreement, furnish to the County a security deposit in the form of cash in the amount of $10,000. The security deposit is due upon signing the license agreement as security for faithful performance and non-negligent performance of the agreement Improvements Any additional improvements above and beyond the required must be included in Attachment 23 for Golf Course Maintenance, Attachment 24 for Golf Professional Concession or Attachment 25 for Food and Refreshment Concession. Required Improvements are: A) Golf Course Maintenance Paint and stain the clubhouse building, replace wood as needed, color scheme and paint/stain to be approved in advance by the Commissioner or her designee and renovate existing sand traps at a schedule to be approved by the Commissioner or her designee, provide an annual tree planting schedule and provide trees for planting during the years of 2015 through B) Golf Professional Furnish and install a cart storage facility in a location to be determined by the Commissioner or her designee with a storage capacity for up to 35 golf carts. C) Food and Refreshment Concession Paint and decorate the space designated for the Food and Refreshment Concession and provide all equipment Required Clinics or Group Lessons (B Only) In conjunction with the Recreation Division of the Parks Department, provide a minimum of 32 hours of complimentary instruction each year for the golf camp at Hudson Hills Golf Course. The Department of Parks, Recreation and Conservation will assist in the marketing and advertising for this program Force Majeure Neither the County nor the Licensee(s) shall be deemed in breach of any contract which may result from this proposal submission if it is prevented from performing any of the obligations hereunder by reason of acts of God, acts of the public enemy, terrorism, acts of superior governmental authority, strikes or labor disputes, floods, riots, rebellion, sabotage, or any similar other circumstance not within its reasonable control Termination The County, upon ten (10) days written notice, may terminate the license in whole or in part when it deems such termination to be in the County's best interest. In the event that the Licensee defaults in the performance of any term, condition or covenant herein contained, the County, at its option and in addition to any right it might 23