Request for Proposal Management/ Operation of Spook Rock Golf Course Montebello, New York Town of Ramapo Rockland County TOWN BOARD YITZCHOK ULLMAN – SUPERVISOR BRENDEL CHARLES MICHAEL ROSSMAN PATRICK J. WITHERS FREDRIC BRINN AUGUST 2017 1 INDEX Cover Page Page 1 Index Page 2 Legal Notice Page 3 Section 1 General Information for Proposers Page4 Section 2 Form of Proposal Page 9 Section 3 Evaluation Factors Page 13 Section 4 Negotiation of the Agreement Page 14 Section 5 Scope of Services Page 15 Section 6 Pro Shop Page 19 Section 7 Food Service Page 20 Section 8 Maintenance of Premises Page 22 Section 9 Mobilization and Implementation Plan Page 22 Section 10 Operations Plan Page 23 Section 11 Additional Information Page 24 Section 12 Proposal Signature Form Page 27 Schedule A Town Budget for Spook Rock Golf Course Page 28 Schedule B Inventory of Kitchen Equipment Page 29 Schedule C Inventory of Maintenance Equipment Page 30 2 LEGAL NOTICE TO PROPOSERS OF A REQUEST FOR PROPOSALS FOR AN AGREEMENT TO MANAGE, OPERATE AND MAINTAIN SPOOK ROCK GOLF COURSE INCLUDING THE PRO SHOP AND FOOD AND BEVERAGE OPERATION Notice is hereby given that proposals for A License to Manage, Operate and Maintain the Spook Rock Golf Course, including: the Pro Shop, Golf Course Maintenance, Driving Range, putting and chipping green and the Food and Beverage Operation including grille room and catering facility, located in Montebello – Town of Ramapo, NY, will be received by the Purchasing Department at the Town of Ramapo, 237 Route 59, Suffern, NY 10901 by September 26th 2017 at 11:00 A. M. The purpose shall be for a license to manage, operate and maintain the Spook Rock Golf Course including, the Pro Shop, Course Maintenance, Driving Range, putting and chipping green and the Food and Beverage Operations including grille room and catering facility, in accordance with the specifications as contained in the proposal designated. The Town of Ramapo officially distributes bidding documents from Bid Net www.bidnetdirect.com or www.ramapo-ny.gov. Bids / RFP’s may also be picked up at the Town Clerk. Copies of bidding documents obtained from any other source are not considered official copies. Only those Proposers who obtain bidding documents from Bid Net are guaranteed to receive addendum information if such Information is issued. The Town reserves the right to waive any informality or reject any or all propos als if deemed to not be in the best interests of the Town. Consistent with federal mandates, Requests for Proposals are solicited from any and all parties, including, but not limited to, minority businesses and enterprises operated and conducted by women. This Request for Proposals (RFP) is for services requiring special or technical skill, training or expertise. The services requested are not "purchase contracts" or "contracts for public works", as those phrases are used in bidding statutes. Proposals shall be delivered to the Purchasing Department at the above address by mail or in person. It is the intention of the Town not to disclose any proposal submitted prior to the opening date and time. However, the Town cannot guarantee unintended disclosure of any proposal submitted in other than a sealed envelope, directed to the Purchasing Department, Mona Montal – Director of Purchasing - with "A Proposal for a Agreement to Manage, Operate and Maintain Spook Rock Golf Course" clearly marked on the outside of the envelope. Unintended disclosure will not prevent the Town from determining an award to a Proposer, including a Proposer whose proposal was so disclosed. Proposals will be considered firm for at least ninety (90) days after the opening date and time. No Proposer may withdraw its proposal within ninety (90) days after the date set for the opening therefor, but may withdraw its proposal at any time prior to the scheduled date for the opening of proposals. BY ORDER OF THE TOWN BOARD OF THE TOWN OF RAMAPO, ROCKLAND COUNTY, NEW YORK MONA MONTAL DIRECTOR OF PURCHASING AUGUST 2017 3 1.0 GENERAL INFORMATION FOR PROPOSERS 1.1 Purpose and Intent This Request for Proposal (RFP) is issued by the Town of Ramapo The Town seeks to enter into a five (5) year Agreement with a private individual; or entities to manage, operate and maintain the Spook Rock Golf Course including, the Pro Shop, Course Maintenance, Driving Range, putting and chipping green and the Food and Beverage Operations including grille room and catering facility, at the Spook Rock Golf Course in Montebello, Rockland County, New York. The Town is seeking proposers that have experience and knowledge in operating golf courses and related facilities, are financially stable and show strength in customer service commitment and employee performance. The winning proposer will enter into a five (5) year agreement with the Town, commencing on January 15, 2018, expiring on December 21, 2022 and will have the potential to renew the agreement for an additional two (2), two (2) year terms. The Town reserves the right to cancel the Agreement after two (2) years. As consideration for entering the agreement, the successful proposer will pay the Town a fixed annual fee in monthly payments. It is the goal of the Town to continue the safe and efficient operation of the golf course property in accordance with Federal, State and local laws and the terms set forth in the Agreement. The successful proposer will have daily control of the golf course property including the clubhouse, restaurant and maintenance buildings and will be responsible for its full time operation. All proposers shall submit as part of their bid proposal an Operational Management Plan; proposers also must propose a fixed annual fee payable to the Town in monthly payments. The winning proposer will be the qualified, experienced proposer whose proposal is most responsive to the Town's goals and whose plan provides a realistic means of generating revenue for the Town. Proposers must comply with the following instructions to be considered for selection: 1.2 Information to Proposers Proposals will be publicly opened at the Town in the presence of Town Officials at the time and date stated in the Legal Notice to Proposers. All proposers or their representatives are invited to attend. 1.2.1 Proposal Information and Proposal Documents Bid or proposal documents are available on Bid Net www.ramapo-ny.gov IT IS THE RESPONSIBILITY OF EACH PROPOSER, PRIOR TO SUBMITIING THEIR PROPOSAL, TO CONTACT THE PURCHASING DEPARTMENT (see contact information on the bottom of the legal notice) 1.2.2 Requirements for Format and Delivery of Proposals Any proposals received after the stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their proposal delivered to the Purchasing Department, Town of Ramapo 237 Route 59, Suffern, NY 10901, for receipt on or before the stated time and date. If a proposal is sent by U.S. Mail, the proposer shall be responsible for its timely delivery to the Town of Ramapo Proposals delayed by mail shall not be considered, shall not be opened at the public opening and arrangements shall be made for their return at the proposer's request and expense. Facsimile response or an electronic response to this RFP does not meet the requirements of a sealed proposal and will not be considered. 4 Proposal must be submitted in the format specified in Section 2 hereof. The contents of each proposal shall be separated and arranged with tabs in the same order as listed in the Subsections within Section 2 identifying the response to each specific item thereby facilitating expedient review of all responses. 1.2.3 Key Events The winning proposer shall meet with Town representatives within seven days of the selection of the successful proposer. The winning proposer should be prepared to assume full operation of the Golf Course Property by January 15, 2018 or sooner upon mutual agreement of the parties. 1.2.4 Questions and Inquiries Each proposer shall examine all Requests for Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. The Town will accept questions and inquiries from all potential proposers, receiving this RFP. 1.2.5 Deadline for Clarification Requests Requests concerning interpretation, clarification or additional information pertaining to this Request for Proposal shall be submitted on or before August 25, 2017. This deadline has been established to maintain fair treatment for all potential proposers or proposers, while ensuring an expeditious transition to a final agreement. 1.2.6 Question Protocol Written questions should be directly tied to the RFP. Questions should be asked in consecutive order, from beginning to end, following the organization of this RFP. Each question should begin by referencing the RFP page number and section number to which it relates and directed to the Director of Purchasing. Proposers shall not contact the Department of Parks and Recreation or any other branch of the Town directly, by telephone, concerning this RFP. The issuance of a written addendum by the Purchasing Department is the only official method whereby interpretation, clarification or additional information can be given. 1.2.7 Sealed and Marked One signed original (please mark the original) and five (5) copies of your proposal shall be submitted in one sealed package, clearly marked on the outside "Spook Rock Golf Course Proposal License Proposal". 1.2.8 Legal Name Proposals shall clearly indicate the legal name, address, e-mail and telephone number of the proposer (company, firm, partnership or individual). Proposals shall be signed above the typed or printed name and title of the signer. The signer must have the authority to bind the proposer to the submitted proposal. All proposals shall be notarized by a notary public. 1.2.9 Proposal Expenses All expenses for making proposals to the Town are to be borne by the proposer. 5 1.2.10 Proposer Interviews It is expected that interviews will be conducted within forty five (45) days of the date of the opening of the proposals. 1.2.11 Reserved Rights The Town reserves the right to accept or reject any and /or all proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response received by the first submission date may or may not be rejected by the Town, depending on available competition and timely needs of the Town. The Town reserves the right to award the agreement to a responsible proposer submitting a responsive proposal, with a resulting negotiated agreement which is most advantageous and in the best interests of the Town. The Town shall be the sole judge of the proposal and the resulting negotiated agreement that is in the best interest and its decision shall be final. Also, the Town reserves the right to make such investigations as it deems necessary to determine the ability of any proposer to perform the work or service requested. information the Town deems necessary to make this determination shall be provided by the proposer. Such information may include, but shall not be limited to: current financial statements prepared by an independent CPA firm; verification of availability of equipment and personnel; and past performance records. 1.2.12 Representations The Town presumes that all statements made and materials submitted in a proposal will be truthful. If a proposer is determined to be untruthful in its proposal or any related presentation, such proposer may be disqualified from further consideration regarding this Request for Proposals. Proposers must perform their own financial and operational due diligence without the benefit of historical records. No representations are being made with regard to historical records or projected business volume. 1.2.13 Collusion By offering a submission to this Request for Proposals the proposer certifies the proposer has not divulged to, discussed or compared his proposal with other proposers and has not colluded with any employees of the Town whatsoever. Also, the proposer certifies, and in the case of a joint proposal, each party thereto certifies, as to their own organization that in connection with this proposal: a. Any prices and/ or data submitted have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices and/ or cost data, with any other proposer or with any competitor; b. Any prices and/ or cost data quoted for this proposal have not been knowingly disclosed by the proposer prior to the scheduled opening directly or indirectly to any competitor; c. No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition; d. The only person or persons interested in the proposal as principal or principals is/ are named therein and that no person other than therein mentioned has any interest in this proposal or in the contract to be entered into; e. No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. Excepting bona fide employees; f. Proposer certifies that there has been no consultation, communication or agreement with any officer, elected official or employee of the Town of Ramapo other that the Purchasing Department, in connection with the proposal submitted for this RFP. 6 1.2.14 Lobbying After the issuance of any Request for Proposals, prospective proposers or any representative or person acting at the request of such proposer shall not contact, communicate with or discuss any matter relating in any way to the Request for Proposal with any officer, elected official or em ployee of the Town of Ramapo other than the Purchasing Department. This prohibition begins with the issuance of any Request for Proposals and ends upon an award of the final contact; when all solicitations have been rejected; or when the request has been cancelled. 1.2.15 Equal Employment Opportunity The Town of Ramapo, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and the regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, herby notifies all prospective proposers that it will affirmatively ensure that in any contract entered into pursuant to the advertisement, women or minority business enterprises will be afforded full opportunity to participate in response to this advertisement and will not be discriminated against on the grounds of race, color, creed, sex, age or national origin in consideration for an award. 1.2.16 Americans with Disabilities Act The Town of Ramapo, NY does not discriminate upon the basis of any individual's disability status. This nondiscrimination policy involves every aspect of the Town's functions including one's access to, participation, employment or treatment in its programs or activities. Anyone requiring reasonable accommodation for the public meetings specified herein (i.e. Information Conference or Proposal Opening) should contact the person named on the Legal Notice of this document at least twenty four (24) hours in advance of the activity to request accommodations. 1.2.17 Confidentiality The proposer is hereby warned that the contents of the proposal shall become public and by submitting a proposal for the aforementioned RFP the proposer is acknowledging and consenting to the relicense of said information to the public at large. 1.2.18 Errors or Omissions Once a proposal is submitted, the Town shall not accept any request by any proposer to correct errors or omissions in the proposal. However, the Town may request clarification of the information provided by proposers. 1.2.19 Key Dates Summary a. Deadline for site inspections: Thursday, August 31, 2017, time and date of inspection to be mutually agreed upon by proposer and Town. Proposer shall contact the Director of Purchasing to schedule appointment for inspection. b. Deadline for clarification requests: Thursday, September 15th, 2017, 3:00PM. c. Proposal due date and RFP opening date: Tuesday, September 26th , 11:00AM, 2017 d. Proposer interviews: Within forty five (45) days of the opening of the proposals. e. Selection of Proposer: Not less than sixty (60) calendar days from the date of the opening of the proposals, however, the Town may it its discretion shorten this time. The bid proposal must be firm for at least ninety (90) days or however long the Town takes to award a contract. 7 1.2.20 Definitions The following definitions shall be part of any agreement executed as a result of this RFP: a. "RFP" shall mean this Request for Proposals b. "Request for Proposals" shall refer to this document, which establishes the bidding requirements and solicits proposals to meet the needs of the Town of Ramapo. c. "Town" shall mean The Town of Ramapo d. "Golf Course" shall mean The Spook Rock Golf Course e. "The Agreement" shall mean the written agreement resulting from this Request for Proposals executed by the Town of Ramapo and the winning proposer. f. "Contract" shall have the same meaning as "Agreement''. g. Proposer shall mean an individual or company that submits a bid proposal in response to this Request for Proposals. h. "Successful proposer" shall mean the "Proposer" that is selected by the own for negotiation and award of a contract. i. Operational Plan shall mean a detailed business plan submitted by each proposer in response to this Request for Proposals for operating, managing and developing the Spook Rock Golf Course Property in accordance with the Town's goal. 8 2.0 FORM OF PROPOSAL This section identifies specific evaluation factors which are to be given written responses. The contents of each proposal shall be separated and arranged with tabs in the same order as listed identifying the response to each specific item. The information that proposers provide shall be used to determine whether the proposer has the ability to perform the Scope of Services as stated in this Request for Proposals in a way wh ich best meet the needs of the Town of Ramapo. A review with those proposers reasonably susceptible of being selected for award may be conducted for the purposes of clarification of both ability and benefit to the Town of Ramapo. 2.1 Minimum Qualifications Proposals may be presented by a single business entity, a joint venture, or partnership. Prior to any consideration of the responses to the criteria in this Request for Proposals, proposers are to document in their proposals that they have the following experience: Proposers shall have at least five (5) years of proven experience in operating and maintaining a Golf Course and obtained and concurrently held the required licenses under appropriate State and local laws related to that activity. Proposers must disclose if proposer has ever lost any business license for cause, had an establishment closed or suspended due to health reasons, or has been found to have failed to pay all taxes due. To validate experience, expertise and capabilities, proposers shall provide the following: a. The state, city or county where the contracted golf courses are located. b. Name of the entity that issued the contracts. c. Name of the Golf Course(s) as shown on the executed contract. d. Owner's contact information including person responsible for the administration of the contract with that person's contact information including telephone and email information. e. The selected proposer must submit a completed IRS form W-9, 2014 edition, to certify its Taxpayer Identification Number prior to contract execution. After the Town of Ramapo staff validates the Minimum Qualifications have been met, those proposals found to be in compliance will be considered. Information to Be Submitted Regarding Your Business Entity a. Tabs are required to identify each item defined in this Section. b. Provide a description of the proposer's background and composition. Provide a general statement of qualifications that includes your firm's professional credentials, the legal status of your organization and experience in providing the service enumerated in this Request for Proposal. c. Provide an explanation of the business entity which you represent. Specify the business entity which would be bound by a contract, should your firm be selected; company or corporation; subcontractor roles; and if a joint venture, include the specific experience that the joint venture partners have working together on similar projects. d. If the proposer is a joint venture, or partnership, the details of the responsibilities for provision of the required services must be clearly disclosed. Provide a narrative on how you anticipate the partnerships to manage the work and any prior experience that the individual entities may have had in working together on other projects. Disclose the lead firm of a joint venture. 9 e. Provide a list, with references, of your business entity's golf course operations experience. Specify which key personnel were responsible for the contracted services. References given must specify employees in senior level management positions with knowledge of the operations to confirm the claimed details. Include the name of the entity the work was completed for, a description of the services provided, the dates of service and the name(s) and telephone number(s) of the contact persons. This list shall be for both Governmental and Private clients for the past five (5) years. f. Identity each principal of the firm and other "Key Personnel" who will be professionally associated with the Town. Describe their respective areas of expertise. Do not include personnel that will not have a key role in providing services. g. For each person identified, list: 1. Full Name 2. Professional credentials; Title 3. Area of expertise, individual's roles and duties in providing services: 4. Office address 5. Email address 6. Telephone number 7. Personalized resumes which identify the qualifications, training and experience of each key person. h. Specify the office location of the business entity which is to be the primary location of the principal and key personnel. List the key personnel at that location. For the remaining key personnel detail at what location they will work from and how they will provide management or service or supply support from the locations that they will work from. i. Disclose any ownership interest in other entities involved in "golf course" services which may be a potential participant in their Proposal. This ownership disclosure shall be included, whether such ownership occurs by the proposer through a parent, subsidiary or holding company or any other form of business entity. Submit entity names and the percent of ownership for each. j. Submit a narrative explaining the direct economic benefit to the Town of Ramapo to be realized by selecting your firm. During the term of this engagement detail the revenue maximizing activities, employment subcontracting, and support services contracting as economic stimulus that your entity may generate that would directly benefit the Town of Ramapo. k. Provide three (3) years of audited financial statements/ records at the primary location of the business entity explained, for the purposes of verifying your financial representations, review and assessment of the historical and current financial capacity of your business entity, and its expected ability to meet ongoing financial obligations to the Town and golf course operation and maintenance, as proposed in this proposal to the Town of Ramapo. The Town's Finance Department will report their findings in a summary report to the Town of Ramapo Town Board, which will be placed in the proposal files for subsequent use and review. I. Disclose whether proposer has ever failed to complete any contract awarded to it, or if any officer or principal has ever served another organization that has failed to complete and awarded contract (if so provide details in attachment). m. Disclose whether proposer, or any officer or principal thereof, has any judgment, claims, arbitration proceedings and /or lawsuits pending or outstanding against them (if so provide details in attachment). n. Disclose whether proposer, or any officer or principal thereof, has ever been convicted of a crime, or presently is the subject of any criminal or administrative investigation (if so provide details in attachment). 10 2.2 Information to be Submitted Regarding Proposed Operation of The Spook Rock Golf Course a. Tabs are required to identify each item defined in this section. b. Submit a manning level statement for the proposed services, detailing how many total employees work for your firm at any one time, including temporary and seasonal employees. Detail the management structure, advising the Town on how and by whom the course will be managed at all times. c. The Town encourages potential management companies to interview and give preference to existing Town of Ramapo staff who may be displaced by the management and maintenance agreement. This should include the current two (2) golf professionals. The Town further encourages the successful Proposer to actively recruit qualified personnel that are residents of the Town of Ramapo. d. The Town will reserve the right to set minimum requirements concerning criminal records of employees which may work with children. e. Identify any operational areas you intend to use subcontractors. Identify the services and roles that each subcontractor would assume in providing services. f. Explain how existing services of events popular with local residents would be continued such as, Men's and Women's Association, Associate Memberships, Corporate Memberships, Juniors, Seniors and other golfer groups. g. Submit a statement of customer service commitment with demonstration of your business entities experience in successfully implementing an effective customer service program. List prior customer service models that you have had direct responsibility for managing and examples of how customer satisfaction feedback was obtained by survey for those specific programs that you managed. h. Submit a plan and commitment to creating added value and benefits to the surrounding community and to golf course visitors. Detail proposed partnerships with the Town of Ramapo to provide special events, educational programs and community service activities. Detail your commitment to modifying the hours of operation to service events or the expertise of staff to assist with such activities. i. Detail your proposed marketing and advertising plans, including methodologies, media to be used and schedules. j. Submit an Hours of Operational Plan describing the standard hours of operation plus expected seasonal variances explicitly describing the commencement and duration of such variances. k. Submit a list of equipment to be provided by your firm exclusively at your firm's expense for this contract undertaking. Provide a statement detailing the source from where the equipment will be made available (i.e. existing inventory, new purchases, transfer from other firm or service locations, etc.). The Town will be open to discussing acquisition of required equipment from the Town where relevant. I. Submit a detailed Quality Assurance statement to demonstrate the level of quality that is being proposed will either meet or exceed current quality standards in terms of customer service, cleanliness, safety and atmosphere. m. Submit a detailed description of the proposed service to be provided. The services and products offered should meet or exceed the needs of the golf course users and be compatible and complimentary to the Town's mission for our patrons. n. Describe your firm's plan or proposal for capital improvements or renovations to the facilities. 11 o. Include a price schedule for a representative sample of the products and services proposed including greens fees and cart rentals. Provide a statement of your pricing policy to provide golfers and visitors to this public golf course with a quality golf experience, service and products at reasonable prices considering the competition of comparable markets for similar fees, products and services. The schedule of fees shall include a discounted pricing policy for Town of Ramapo Residents and Town of Ramapo Senior citizens. p. Present and explain any additional conditions proposed. 12 3.0 EVALUATION FACTORS In awarding the contract, the Town will be seeking to identify the proposal(s) which provide the Highest and Best solution to operate and maintain the golf course including operations, food and beverage service, management and maintenance services at Spook Rock Golf Course as determined from the responses to this Request for Proposals and subsequent investigations. Evaluation factors are: a. Demonstrated ability of the proposer to efficiently perform the Scope of Services as generally outlined in this Request for Proposals b. Proposer's dedication to fostering a harmonious relationship with the Town and its residents. c. Maintain a Senior and resident discount rates. d. Financial resources to operate and maintain the facilities properly and make ongoing improvements. The availability of investment capital and operational capital will be important factors in determining financial capability. e. The proposer's Operation Concepts and Plans. f. Amount of payment to the Town. 3.1 Preliminary Ranking The Town Board shall determine from the responses to this Request for Proposals and subsequent investigation as necessary, the proposers most susceptible of being selected for award. 3.2 In-Person Review of Proposers and Proposals In-person reviews may be conducted with responsible proposers who are deemed reasonable susceptible of being selected for award, for the purposes of assuring full understanding of: a. Conformance to the solicitation requirement b. The abilities of the proposer c. The Proposal submitted Proposers shall be available for presentations to and interviews with the Town Board of Ramapo or their designated representatives upon reasonable notice. The date(s) and time(s) of any such presentations/ interviews shall be determined solely by the Town. 3.3 Selection for Negotiation The proposer, whose ability and proposal is determined to be the Highest and Best proposal that is most advantageous to the Town, taking into consideration the Evaluation Factors set forth in this Request for Proposals, shall be selected to negotiate an agreement with the Town. While the overall monthly payment to the Town will be a factor in the Town's assessment of proposals, it is conceivable that the proposer with the highest quoted payment schedule to the Town may not be selected for negotiation of an agreement if competing proposals are deemed to provide better overall terms and benefits for the golf course and the Town. The selection of a proposer for negotiation shall not be construed as vesting any contractual or other rights of any nature in the proposer. 3.4 Award Award is subject to the successful negotiation of an agreement covering both services and payment to the Town, and the vote of the Town Board of Ramapo to approve and authorize execution of an agreement. The Town reserves the right, but is not obligated, to request and require a formal presentation of its services to the Town board of Ramapo at a date and time to be determined. 13 4.0 NEGOTIATION OF THE AGREEMENT 4.1 General The following general terms and conditions apply to the proposal submitted for consideration and the subsequent negotiations: a. The proposal will serve as a basis for negotiating an agreement, but not compel adherence to its terms or conditions. b. Upon submission, all proposals become the property of the Town which has. the right to use any of all ideas presented in any proposal submitted in response to this Request for Proposal whether or not the proposal is accepted. c. All products and papers produced in the course of this proposal process become the property of the Town upon termination or completion of the proposal process. d. The proposer is hereby warned that the contents of the proposal may become public and by submitting a proposal for the aforementioned RFP the proposer is acknowledging and consenting to the relicense of said information to the public at large. 4.2 Agreement The selected proposer shall be required to negotiate an agreement in a form and with provisions acceptable to the Town of Ramapo. The Town Board of Ramapo will be presented with the negotiated agreement as a best offer-for consideration of award. The Town Board of Ramapo shall determine whether to: a. Accept the recommended award and approve the execution of an agreement b. Reject the recommended award and direct further negotiations c. Reject the recommended award and direct the termination of negotiations. d. Reject all proposals The Town reserves the right to begin negotiations with an alternate proposer should the contract negotiations, in the sole discretion of the Town be unsuccessful and a contract cannot be agreed upon by the parties. 14 5.0 SCOPE OF SERVICES 5.1 Background The Town, acting through the Town Clerk's Office is requesting proposals for the Management, Operation and Maintenance of the Spook Rock Pro Shop, Maintenance of the Golf Course and the Restaurant, located in Montebello, Rockland County, New York. The Town of Ramapo expects that this Request for Proposals will result in an award of a contract to operate, manage and maintain the Spook Rock Golf Course Pro Shop, Golf Course and Restaurant. Spook Rock is an 18-hole municipal golf course, practice green, a chipping green, driving range, a maintenance building, a storage shed and a Grill Room and a Catering room. The course has been averaging approximately 36,000 rounds of golf annually during the past few years. The Town owns and operates a computerized golf course operations management system, Golf Trac, by Vermont Systems. This system includes golfer permitting, point of sale, automated tee-time bookings, rounds and revenue reports. The Town also works with Golf Now. 5.2 Structures and Facilities There are several buildings on the golf course property including, but not limited to, a Clubhouse with attached golf cart garage, maintenance facility, storage shed and a residence which has two apartments. The Clubhouse is a two story building and is in fair condition. The first floor houses the Front Desk, Pro Shop, Restrooms and Locker Rooms. The second floor of the Clubhouse is mostly an open area (catering hall and commercial kitchen). Attached to the clubhouse is the cart garage and Grill room. There are 74 carts stored in this area, 24 gas and 50 electric powered which are under lease and due to expire on December 31, 2017. There is a gas tank on the side of the cart garage for servicing the golf carts. The maintenance building is a metal building that is in poor condition. Gas tanks are located outside the building to service the equipment. The storage shed a ten (10) year old metal structure and is used to house fertilizer and chemicals. There is one main parking lot, in good condition, new carpeting in the catering room, club house roof is in fair to poor condition. 5.3 Irrigation System The irrigation system is in good condition and has been maintained by the Town's employees. 5.4 Water Usage The Golf Course uses well water. 5.5 Expenses The Operator shall be required to pay all operating expenses (including utilities) and taxes, if applicable. The cost of utilities and other expenses for 2016 and 2017 are shown on the attached Schedule A. The proposers should be aware that the current operating expenses may not be predictive of future expenses. Accordingly, the approximate expense figures serve as a guide for proposers and are provided for informational purposes only. 15 5.6 Scope of Services for Golf Course Maintenance a. Maintain buildings, grounds, equipment and the golf courses according to generally accepted industry standards. b. Provide materials for maintaining the golf courses. This includes but is not limited to fertilizers, chemicals, topdressing sand, bunker sand replenishment, mulch, annual flowers, golf course supplies, irrigation equipment and supplies, flags, cups, poles, bunker rakes; mowing equipment for fairways, roughs and greens; directional ropes, and signs, seed and sod, fuel for mowers and golf carts, maintenance of equipment and golf carts, office supplies, Pro Shop merchandise, and all food service equipment, licenses and supplies. c. Personnel and payroll functions including hiring, training, supervising, disciplining and discharging employees; and paying wages, Worker's Compensation, Social Security, payroll taxes, benefits or other-employment related-compensation for any and all employees necessary for the operation-of the golf course is solely the responsibility of the successful proposer. d. Provide excellent service to all customers that continually exceed expectations along with a written customer services protocol plan. e. Maintain the Town provided equipment and systems, including irrigation, to the manufacturer's standards over the term of the agreement. Maintain the golf course (mowing, seeding, sodding, irrigation, fertilizing, and pest control), buildings and golf course entrance on Spook Rock Road. 5.6.1 Greens a. Green heights will be maintained between .125" and .115e" based on weather conditions. Greens should be verticut and top dressed lightly as necessary. b. A fertilizer program shall be instituted that will not allow the turf to get excessively lean nor produce excessive growth and puffy surface conditions. Growth is to be controlled at all times and excessive surface moisture retention and dryness is not to be accepted c. Greens shall be aerified a minimum of one time per growing season in the late summer/ early fall. d. Greens shall be watered as required for healthy turf. This may involve a combination of automatic and hand watering methods. At no time should the greens become waterlogged from excessive irrigation being applied. e. Greens shall be maintained to designed perimeter dimensions at all times and encroachment of coarse, rough type turf is not acceptable. f. Any blemishes, turf damage, excessive wear and scalped cup plugs shall be repaired on a regular and on-going basis. g. Any weed growth, grassy or broadleaf, shall hand- picked or otherwise removed as it appears in the putting surface. h. Cups will be cut six times per week through the active growing period and as needed to avoid excessive wear from foot traffic and ball marks during the slow growth period. i. Cup liners, pin flags and the flag poles will be kept in "as new'' condition and immediately replaced when broken, damaged or otherwise deemed unsatisfactory. 5.6.2 Tees a. Tees shall be mowed a minimum of two (2) times per week during the active growing periods, changing mowing direction as necessary to avoid excessive grain and puffiness. b. Tees shall be verticut, core aerified and top dressed a minimum of one (1) time per growing season in the late summer/ early fall. c. Tees shall be fertilized with appropriate types and rates of fertilizer to maintain a steady, healthy 16 growth rate and recovery form wear and divots. d. Tees shall be irrigated so as to not become excessively dry or wet and should produce firm footing at all times. e. Any turf damage on the tees, excessive wear from golfers or maintenance equipment and divot taking should be repaired in a timely manner and as needed a full turf cover. Divots shall be filled in by hand topdressing as needed on a daily basis. f. Tee surfaces and surrounds shall be maintained relatively free of growth, pest damage and disease, in accordance with Best management Practices. 5.6.3 Fairways a. Fairways shall be mowed two to three (2-3) times per week during growing season, changing direction each day. Height of cut shall vary form .600" to .400" as growing and playing conditions dictate. b. Fairways shall be verticut as needed during the peak growing season. c. All debris from aerifying and verticutting the fairways shall be cleaned up on any one hole in the same day of the operations on that hole. d. Fairway mowing outlines shall be maintained regularly to keep up original design integrity. 5.6.4 Rough a. Roughs, including green slopes, bunker faces and tee surrounds will be continuously mowed during active growth periods to insure frequency of at least one (1) complete mowing per week and trimmed as needed to maintain 2-3 inch cutting height. b. Roughs shall be aerified as required to relieve compaction and promote recovery from wear. 5.6.5 Bunkers a. Bunkers are to be raked six (6) times a week. b. All sand bunkers shall be edged and trimmed a minimum of every seven (7) – ten (10) days. c. Minor re-sanding of bunkers shall be done as needed to maintain a minimum of a three (3) inch depth floor and two (2) inch depth on faces. d. Bunker sand quality shall be of the same or better quality than what is currently being utilized. e. Bunker faces and floors shall be clean of rocks, trash, debris, branches and grass clippings at all times. 5.6.6 Cart Paths a. Cart paths shall be trimmed along the grass edges and cleaned as often as necessary to produce a neat, clean appearance at all times and maintained in a safe condition. 5.6.7 Fertility and Pest Management a. Greens, tees, fairways and roughs shall be fertilized as required by soil data, growth rate, and color in accordance with Best Management Practices to promote a healthy turf stand capable of recovering from wear, complete with weed encroachment and resist stress and disease damage. b. Spraying and fertilizing will be done so as to not expose golfers during play hours. A period of hours, a day or days between property management and golf course management shall be set aside during the week to perform these applications with no golfers present and the appropriate re-entry times will be observed. Best Management Practices will be observed and performed at all times. 17 5.6.8 Tree Maintenance a. All debris shall be cleared from trees. b. All random branches overhanging cart paths shall be pruned as needed to ensure survival. c. All branches interfering with play shall be pruned for clearance from tees and to greens. d. Dead or diseased trees posing a hazard will be removed. 5.6.9 Ponds a. All ponds shall be maintained and kept at proper chemical levels to prevent excessive levels of algae, weed and overgrowth. b. All edges of ponds shall be trimmed on a weekly basis. 5.6.10 Irrigation System a. Irrigation repairs will be done as needed with a daily visual check of the system and a thorough analysis of the computer run data from the previous night. Adjustments to the program will be made only by trained and qualified personnel, under the direction of the golf course superintendent. b. Irrigation will be done as needed throughout the growing period with a view to conserve water, prevent leaching and encourage good root development and provide firm playing conditions. Excessive dryness or turf stress is to be avoided by careful attention to watering needs. Overwatering and regular saturation of the root zone resulting in wet or soft playing conditions and unhealthy turf grass is not acceptable. Evaporation rates will be calculated by an on-site weather station for use in determining the amount of water to be applied. 18 6.0 PRO SHOP The Pro Shop shall collect all fees for golf, motorized carts, membership permits, MGA memberships and tournaments associated with the Spook Rock Golf Course seasonal programs and in coordination with Town Parks Department in administration of membership permits where verification of residency is required. The successful proposer will be expected to staff the Pro Shop to collect all golf related fees as mentioned above, provide starters and marshal's, schedule tournaments and outings, administrative services, schedule tee times, sell golf merchandise, rent golf carts and other golf equipment and all other functions and services normally provided by a golf course Pro Shop Manager. The successful proposer will maintain an adequate staff to perform all outlined functions. When the course is open for play, the hours will essentially be from dawn to dusk unless closed for Christmas, rain or snow. The successful proposer must display, sell, rent and otherwise supply and sell to the public, golf goods, clothing, merchandise and golf equipment which shall be of good quality and selection and kept to current industry standards. Use of the Town's golf course logos will require written permission from the Superintendent of Parks and Recreation. Reservation System: The Town currently utilizes the Golf Trac reservation program by Vermont Systems, as mentioned in Section 5 for use in booking and scheduling tee times, registering sales and maintaining schedules., It is expected that the proposer will utilize a system that is equal or better Customer Service: The successful proposer shall maintain customer service as a top priority .The successful proposer shall employ staff for the Pro-shop who are professional, friendly, well dressed and courteous to the golfers and general public. The successful proposer will also be expected to provide and maintain the electronic USGA (GHIN) Handicap System. Personnel: The successful proposer must identify and designate the key personnel to be assigned to the Pro Shop and provide resumes of their experience as part of the proposal. The Town of Ramapo may specify which, if any, key personnel for whom substitution will not be allowed without the Town's prior written consent. A Class A PGA Professional is preferred as the manager of the Pro Shop. Scheduling and coordination of tournaments and outings, including follow-up with customers is necessary. Personnel must Work with Men's and Women's Associations, Associate Members, Corporate Members, Juniors, Seniors, and other golfer groups to enhance their enjoyment of the facilities. 19 7.0 SCOPE OF SERVICES FOR FOOD SERVICE MANAGMENT The Grill room /catering facility shall cater to any golf outings if desired by the outing and may operate as a catering facility and /or restaurant and bar for the general public, in accordance with the guidelines as described in the agreement. The successful proposer shall maintain customer service as a top priority. The successful proposer must provide restaurant and bar employees and staff who are professional, friendly, well dressed and courteous to all golfers and the general public. All employees and staff must maintain a neat and clean appearance, exercise good public relations skills, respond to customer complaints and questions, have good waitperson manners and conduct themselves in a high standard that is acceptable to the Town. The restaurant management must also maintain a good working relationship with the Town's designated representatives. The successful proposer shall provide the following typical daily food service sc hedule of breakfast, lunch and dinner menu opportunities: a. Hot and cold menu items b. Hot and cold beverages, including draft, canned and bottled beer and wine, coffee, teas, soft drinks, etc. c. Soups and salads d. Delicatessen (both pre-packaged and fresh fare) e. Hot dogs, hamburgers and grilled sandwiches. f. Snacks g. Tournament food and beverage service packages h. Small group dinner and special event menu service indoor and/ or outdoor. i. Offsite catering may also occur j. On course food and beverage service (service carts) A sample menu with pricelist shall be provided with the proposal. 7.1 Licenses The successful proposer must obtain and maintain a valid liquor license in compliance with the rules and regulations of the New York State Liquor Authority. The successful proposer must obtain and keep current all licenses, certifications and permits necessary to run an indoor and outdoor food service/ restaurant/ bar and catering facility at the golf course. The successful must demonstrate a minimum of three (3) years of food service management in an equivalent restaurant/bar operation. The successful proposer must provide all necessary staffing to prepare and provide the menu listed and who shall adhere to current State and County Department of Health regulations and standards. All merchandise and supplies necessary for the production of the menu must be kept stocked at all times. 7.2 Food Service Equipment The Spook Rock Golf Course restaurant and bar are equipped with some equipment, furnishings, furniture, tools, utensils, appliances, machinery or fixtures for operation, which shall be maintained, replaced and/ or repaired by the successful proposer at its sole cost and expense. The successful proposer shall install and maintain at its own cost and expense, any additional equipment, furnishings, furniture, tools, utensils, appliances, machinery, or fixtures only after approval of the Town, unless the parties otherwise agree in writing. Such items shall remain the property of the Town. 20 The successful proposer shall be responsible for the maintenance, repair, and/ or replacement of all restaurant, bar, kitchen and food service preparation equipment, furnishings, furniture, tools, utensils, appliances, machinery and fixtures supplied by the Town, including all cooking production equipment, fixtures and furniture with the restaurant/bar. All such equipment will be inventoried when the contract commences operation and during the term of the contract, all said equipment, etc., shall be kept clean, fully operational and show no signs of visual or structural damage. The successful proposer shall empty grease traps located in the food and beverage service facilities and shall contract with an approved carter to remove and dispose of cooking grease in accordance with all applicable State, County and Local Laws. 7.3 Staffing The successful proposer shall provide adequate staffing, who shall be recruited with Ramapo residents being given a preference in hiring. The successful proposer shall be required to terminate any staff that, in the opinion of the Director of Parks and Recreation, or her designee, displays inappropriate behavior. 7.4 Beverages The Town reserves the right to restrict the placement of beverage dispensing machines on the course. The successful proposer shall, during said operating periods of time, supply and have available for sale, food and beverages, both non-alcoholic and alcoholic, of high quality at prevailing prices, and in sufficient quantities to meet the demands of the general public and those persons enjoying and using the Spook Rock Golf Course. 7.5 Limitations The successful proposer shall have the exclusive right to sell food and beverages and operate food and beverage concessions within the boundaries of the Spook Rock Golf Course. The successful proposer shall be required to furnish any and all additional facilities to provide food and beverage on the golf course outside of the main facility. The successful proposer shall be required to operate food and beverage carts on the Spook Rock Golf Course at their own expense. 7.6 Hours of Operation At a minimum, the Grill Room shall remain open when the golf course is open for play. The Grill Room shall open at least one half hour prior to the opening of the golf course each morning and remaining open until no earlier than one half hour after the golf course closes each evening. For the balance of the year, the premises may be open or closed at the discretion of the successful proposer. The successful proposer may, at its option, remain open up to the limits established under the New York State Liquor Authority License. The proposer shall provide food and beverage services to golfers, tournament groups, outings and visitors of the golf course during all course operating hours. The area currently identified as the Grill Room will cater primarily to golfers; however, it will be open to the general public. The Spook Rock Chalet may be used for public dining or for private parties, separately or in conjunction with the area currently identified as the Grill Room. 21 8.0 MAINTENANCE AND OPERATION OF PREMISES The successful proposer shall be solely responsible for the maintenance of the Golf Course Property and buildings, structures and improvements, thereon, including structural repairs, the installation and repair of all utility systems and the cost of all utility and communication services. The successful proposer shall deliver the Golf Course Property to the Town upon expiration or termination of the Agreement in at least as good condition as it was delivered at the commencement of the term. The successful proposer further agrees to clean and maintain in a sanitary, neat and attractive condition, all facilities operated under the contract, including, but not limited to, all restrooms, locker rooms, Pro Shop, cart barn, maintenance buildings, starter shacks and food service facilities, at its sole cost and expense. The successful proposer agrees to remove and dispose of litter and refuse from the golf course premises. All refuse shall be stored in containers properly screened from view from the grounds adjacent to the premises, so that the said grounds surrounding the premises shall, including the food service facilities, Pro Shop, Locker Rooms and Maintenance Building at all times, be in a clean, neat, attractive and orderly condition. Lessee further agrees to broom sweep the porches and all entranceways to the premises and keep same in a clean, neat and attractive and orderly condition. All refuse, garbage, waste and litter of all kinds shall be properly stored before dis posal. The successful proposer shall recycle all paper, plastic, metals and glass and shall contract with a private hauler for this purpose. The Town agrees that it will use due diligence in the removal of snow and ice from the roads, entrance driveway and parking lots so as to permit access to the premises, but the Town will not be responsible for any damages caused by its inability or failure to remove snow or ice. The successful proposer shall be responsible to remove all snow and ice from all sidewalks, walkways, entrances and porches appurtenant to the premises, and to apply as necessary, salt and or sand to all areas. Upon the expiration, revocation or termination of the agreement or upon the operators surrendering or vacating of possession/ occupancy, shall return the premises, and all the Town owned equipment, machinery, fixtures, appliances and utensils in the same or better condition as when the operator first entered into occupancy, except for normal wear and tear and any renovations or alteration s made to the premises with the Town's approval. The successful proposer shall be solely responsible for maintaining, servicing and keeping in good repair and condition, all of the Town owned equipment and replacing same, in like kind and quality, if irreparably damaged, lost or stolen. 9.0 MOBILIZATION AND IMPLEMENTATION PLAN It is essential that the Town move forward with the Agreement. Therefore, the proposer must include as part of its bid proposal a mobilization and implementation plan, beginning wit h the date of notification of the award. The mobilization and implementation plan should include the following elements: a. A detailed timetable for the mobilization and implementation period. This timetable should be designed to demonstrate how the proposer will have the Golf Course Property operational within a reasonable time after January 1, 2018. It should be noted that Spook Rock closes for the season when the course is unplayable and it is possible that there will be an expectation that it be open on or about January 1. b. The proposer also should submit a plan for the use of sub-operators, if any, with respect to a Pro Shop and or food and beverage concession. Emphasis should be placed on how any sub-operator identified will be involved in the mobilization and implementation plan. 22 10.0 OPERATIONS PLAN In your written proposal the proposer shall state, with sufficient detail, how each of the following services and functions will be implemented for the course maintenance, Pro Shop and Food Service facilities, however, the proposer should not be limited by the services described and is encouraged to expand upon, supplement or add other service areas where the proposer has expertise that may benefit the Town: a. Maintenance of the golf course. The proposal must include a description of its approach for fulfilling the requirements for the maintenance of the golf courses by season of the year for greens, tees, fairways, roughs, hazards, trees, landscape features, building, cart paths, roads and parking areas, irrigation system, utility systems and related equipment and non-play areas. The plan shall comply with the turf cultivation and management practices established by the United States Golf Association. Turf maintenance shall include, but not be limited to, the following: general cleanliness; landscaping; mowing/trimming; irrigation; fertilization; general erosion repairs; and other related tasks necessary to maintain acceptable playing conditions on the golf course. b. Managing play. Your approach to managing the pace of play on the course including tee times reservations, starting, marshalling, etc. c. Management of group play. d. Staffing of the golf courses, including the Pro Shop and Food Service facilities. The proposal must include recommended numbers of staff by job description, (management, supervision, labor and specialized or skilled personnel) by function (Pro Shop, course maintenance, food service). e. Provide a full description of your plan for the maintenance of all facilities including exteriors, structure, maintenance, electric, plumbing, HVAC, security and vandalism. f. Provide an Emergency Response Plan indicating the personnel trained in first aid and CPR and the emergency response procedures. g. The Operations Plan shall contain a complete description of how the proposer intends to implement each aspect of the management, operation maintenance and service requirements set forth in the RFP. The narrative should convince the Town that the proposer understands the objectives the Operations Plan is designed to meet, the nature of the services required and the level of effort necessary to successfully carry out the Plan. The proposer's narrative further should be designed to convince the Town that its Plan is viable and that the proposer's general approach to understanding and fulfilling the Town's goals in accordance with the tasks involved. Mere reiteration of the requirements set forth in this RFP is discouraged. 10.1 Golf Carts and Equipment The successful proposer shall be responsible for providing and maintaining all equipment, and shall purchase or lease golf carts necessary for the successful management and operation of the course. The Town and the successful proposer acknowledge that the successful proposer may in the ordinary course of its business enter into licenses for equipment used for the operation of the business at the Golf Course. The current fleet consists of twenty (24) gas carts, fifty (50) electric carts and three player assistant carts. The current agreement for the golf cart license expires at the end of the 2017 season. The incoming power to the charging stations restricts the number of electric carts. All electric carts at Spook Rock are stored indoors. 10.2. Town Responsibilities The Town will perform scheduled onsite inspections of the maintenance, food service operations and guest service programs. Meetings will be scheduled with the successful proposer to review performance of services. The Town will authorize the successful proposer to use all Town owned golf facilities at Spook Rock Golf Course including the golf course, maintenance buildings, clubhouse and food service facilities. 23 11.0 ADDITIONAL INFORMATION The Town will require the following concepts to be part of the negotiated agreement: a. Termination for Public Convenience. In addition to other termination clauses, specific text shall be included to allow the Town of Ramapo to terminate the agreement for public convenience. The composition of the text shall take into consideration any fixed equipment or facility enhancements as Capital Investment made by the lessee as of the date of the termination. b. Disclosure of Ownership and any change to ownership in excess of 10% of the rights of the lessee during the-term-of the agreement. c. Written and fully executed amendments required. No change to the terms of the agreement shall be enforceable or effected unless the change has been presented in writing, considered by the Town and a written addendum to the agreement executed by both parties has been completed. d. Prohibition of any assignment, pledging, transferring or encumbrance of any interest that is the responsibility of, or income due to the successful proposer in performance of this agreement. Termination of this contract by the Town of Ramapo shall be automatic and irrevocable upon such action by the successful proposer. e. While the Golf Course is snow covered and not open for golfing, Town of Ramapo residents shall be permitted to use the course areas of the golf course for cross country skiing. f. Indemnification: The successful proposer agrees to hold harmless, assume legal liability and defend the Town and each of their officers, employees and agents from and against any and all actions, claims, liabilities, assertions of liability losses, costs and expenses, including but not limited to, attorney's fees, reasonable investigative and discovery costs, court costs, claim or claims for bodily injury or death of persons and for loss of or damage to property, in law or equity, of every kind and nature whatsoever, which in any manner directly or indirectly may arise or be alleged to have arisen, or resulted or alleged to have resulted from the acts, omissions, negligence or other conduct of the successful proposer and its officers, employees or agents in connection with the agreement resulting from this RFP. g. Security Deposit; the successful proposer shall provide a security deposit equal to six (6) months payment to the Town. The deposit shall be presented to the Town prior to the start of the golf season as a prerequisite of the successful proposer conducting business. The deposit shall be held by the Town in an interest bearing account for the term of the agreement as security against damage by the successful proposer to the premises and/ or equipment of the Town. It will be returned with interest and less any appropriate deduction, at the Town's sole discretion, at the end of the term of agreement. The security deposit is not intended as a substitute for any monthly payment due to the Town. 1. Said security is to be retained by the Town to insure proposer's total compliance with, and full and complete adherence to, the Agreement. Should the proposer fail to comply with each and every term, covenant, provision, promise, agreement and condition herein contained, said proposer agrees, and herby authorizes the Town, to use such security deposit, or any part thereof, and apply same toward the payment or cure of any breach, violation or default or damages. h. Prevailing Wages: The successful proposer shall be required to adhere to current edition of the New York State Labor Law, Art. 9., Section 230. i. Insurance: The proposer shall not enter into or upon, or take possession or occupancy of the Premises until it has obtained all insurance policies and endorsements required under this proposal and until such policies of insurance have been approved by the Town, which consent shall not be unreasonably withheld. j. Worker's Compensation Insurance and Disability Insurance: The proposer shall procure and maintain, during the Term of the Agreement, Worker's Compensation Insurance and Disability Insurance for its entire staff and employees, in coverage amounts and containing such endorsements in compliance with New York State Laws, rules and regulations and naming the Town as an additional insured thereunder. 24 k. General Liability and Property Damage Insurance. The proposer shall procure and maintain during the Term of the Contract such general liability and property damage insurance, which shall name the Town of Ramapo as an additional insured, and shall protect proposer and the Premises from claims for damages, for personnel injury, including accidental death, as well as from claims for property damage, which may arise from activities, performance or operations or lack of or failure thereof under the Agreement. . With respect to the insurance for which the Town of Ramapo is designated as a named Insured, this insurance will be primary to the Town of Ramapo. The coverage amounts of such insurance shall be as follows: 1. General Liability Insurance in a general aggregate amount of not less than ten million dollars ($10,000,000) and not less than five million dollars ($5,000,000) on account of any one occurrence I. Automobile and Truck Insurance. In the same amounts as required under the general Liability Insurance coverage. m. Defense of Action or Suits: Neither the Town, nor any of its officers, officials, employees or agents, shall, in any manner answerable, liable or responsible for any loss or damages that may happen to the Licensed Premises, or to any part or parts thereof, or to any materials, equipment or other property that may be used therein, or place upon the ground, during the performance or operation of the proposer, except as a result of the Town's negligence, or its acts or omissions. Neither the Town, nor any of it officers, officials, employees or agents, shall be in any manner answerable, liable or responsible for any injury or damages or compensation required to be paid under any present or future law, to any person or persons whatsoever, whether staff or employees of the proposer or otherwise, or for damages to any property, whether belonging to the proposer or others, occurring during, or resulting from, the performance or operation of the Agreement. The proposer shall properly guard against all injuries, loss and property damages. The proposer shall Indemnify, defend and save harmless the Town, its officers, officials, employees and agents against all such injuries, losses, damages and compensation arising out of or resulting from proposer's performance, operation, carrying out, execution or conducting any aspect of the Agreement, or associated activities or business, whether by violation of statute, law, ordinance, regulation, order or decree or common law liability. The proposer shall, from the commencement of the term of the Agreement until completion, termination, revocation, cancellation or expiration thereof, maintain General Liability Insurance in the amounts hereinbefore stated for the protection of the proposer and the Town, and shall furnish duplicates of the insurance policies to the Town, stamped by the insurer "Premium Paid". These policies shall be written by an insurance company or companies reasonably approved by the Town. n. The proposer shall furnish the Town with satisfactory proof of coverage of the required insurance policies. Each insurance policy and certificate shall have the following statement endorsed thereon: "No cancellation of or change in the policy shall become effective until after thirty (30) days written notice to the Town Attorney, Town of Ramapo, 237 Route 59, Suffern, New York 10901. o. If, at any time, any of the said insurance policies shall, in the reasonable judgment of the Town, be or become unsatisfactory to the Town as to form or substance, or if a company issuing any such policies shall become unsatisfactory to the Town, and notification is given to proposer in writing of same, proposer shall promptly procure a new insurance policy, submit the same to the Town for approval and submit a certificate thereof as herein above provided. Upon failure of the proposer to procure, furnish, deliver and maintain such insurance policies as above provided, the Agreement may, if such policy or policies are not secured within ten (10) days after written notice to cure is given to proposer, at the election of the Town, be forthwith declared cancelled, revoked or terminated, and the security deposit, letter of credit, bond or other monetary undertaking made by proposer to the Town, securing the faithful performance of the proposer under, and its compliance with, the Agreement, shall thereupon be retained by the Town as liquidated damages. Failure of proposer to procure and/ or maintain any required insurance policies shall not relieve proposer from any responsibility or liability under the Agreement, nor shall the insurance requirements be construed to conflict with the obligations of proposer concerning defense and indemnification. All required insurance policies must be in full force and effect and continued so during the Term of the Agreement. p. The total amount of insurance coverage set forth herein may be increased by the Town during the 25 term of this Agreement, or any renewal option term hereof, if reasonably deemed in the best interest of the Town. q. If your company is incorporated in a State other than New York you are also requested to provide a certificate authorizing your company to do business in the State of New York. “Management personnel” means executive officers and all other persons, whether or not officers or employees, who perform policy-making functions similar to those of executive officers. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT Pursuant to State Finance Law §165-a, on August 10, 2012 the Commissioner of the Office of General Services (OGS) posted a prohibited entities list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) on the OGS website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL § 165-a(3)(b). Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List. During the term of the Contract, should the Town receive information that a Bidder/Contractor is in violation of the above-referenced certification, the Town will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the Town shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor in default. The Town reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List. 26 12.0 PROPOSAL SIGNATURE FORM Mailing Address: Firm Name: Email: Telephone Number: The undersigned attests to his or her authority to submit this proposal and to bind the firm herein named to perform the services offered in a two party agreement. If the firm is selected by the Town the undersigned certifies that he/she will negotiate in good faith to establish limited contract rights to operate, manage and maintain specified Town Facilities and to provide the selected services as may be determined by the Town which are detailed in this RFP. Signature: Date: Name and Title of Above Signer: Sworn/affirmed before me this _____ day of ___________________, 2017. ______________________________ Notary Public 27