REQUEST FOR BIDS FOR THE INSTALLATION AND OPERATION

New York City Parks & Recreation T H E A R S E N A L C E N T R A L P A R K REQUEST FOR BIDS FOR THE INSTALLATION AND OPERATION OF COIN-OPERATED BINOCULAR VIEWING MACHINES AT BATTERY PARK, MANHATTAN; ORCHARD BEACH, BRONX; SHORE PARK, BROOKLYN; AND CONEY ISLAND, BROOKLYN Solicitation M5A/X39A/B82/B169-VM May 15, 2002 Michael R. Bloomberg Adrian Benepe Joanne G. Imohiosen Mayor Commissioner of Parks & Recreation Assistant Commissioner for Revenue

Page 1 Request for Bids For the Installation and Operation of Coin-Operated Binocular at Battery Park, Manhattan; Orchard Beach, Bronx; Shore Park, Brooklyn; and Coney Island, Brooklyn. City of New York Parks & Recreation requests bids for the installation and operation of binocular viewing machines in four park locations: Battery Park, Manhattan; Orchard Beach, Bronx; Shore Park, Brooklyn; and Coney Island, Brooklyn. The concessions include twelve (12) machines at Battery Park, three (3) at Orchard Beach, and up to twenty (20) at both Shore Road Park and Coney Island. Should Parks deem it necessary to relocate these machines, the concessionaire will be required to remove and relocate machines as directed by Parks. Project Manager The Parks & Recreation Project Manager for this concession is Sena Ku. All questions regarding this project should be directed to her. She can be reached by telephone at (212) 360-1397, or by email at sena.ku@parks.nyc.gov. If you have a hearing impairment, please call the following toll-free number and leave a message on the Telecommunications Device for the Deaf (TDD). The TDD number is 1-800-281-5722. Request for Bids Timetable The following schedule has been established for this Request for Bids ( RFB ). This schedule is subject to change as circumstances warrant. RFB Release Date: May 15, 2002 Bids Due: June 17, 2002, 2:00 p.m. Please note: if you have a physical disability, please contact the project manager at least 48 hours prior to the meeting or deadline and special arrangements will be made for you.

Page 2 The Concession Battery Park, Manhattan Historic Battery Park is one of the oldest parks in New York City. The Parks many tourist attractions include Castle Clinton and the Circle Line. The machines face New York Harbor and the Statue of Liberty. The concessionaire must provide twelve (12) coin-operated binocular viewing machines at the following locations on the upper promenade; seven (7) between gangways #1 and #2; and five (5) between gangways #4 and #5. Orchard Beach, Bronx Once known as the Riviera of New York City, Orchard Beach in Pelham Bay Park, the Bronx, is one of the City s five beachfront areas used by the public during the summer months. The 115-acre beach was created in the 1930s by Parks Commissioner Robert Moses, and stretches 1.1 miles along the Long Island Sound. Orchard Beach remains one of Parks most popular summer destinations, hosting millions of visitors every summer from the five boroughs, as well as Westchester County. The City of New York Parks & Recreation also sponsors concerts, nature tours, and children s programs in this area, which increases the beach s attendance. Coney Island, Brooklyn Coney Island is one of New York City s oldest and most famous summer playgrounds. The birthplace of the hot dog and the roller coaster, Coney Island has long been associated with family amusement and fun. Busy boardwalk concessions, the Brooklyn Cyclones Keyspan Stadium, the Coney Island Amusement Park, which is home to historic national landmarks such as the Parachute Jump, and the New York Aquarium keep Coney Island a favorite tourist destination. There are no existing viewing machines at Coney Island at present. The concessionaire may provide up to twenty (20) coin-operated binocular viewing machines, which may be installed on the Coney Island at the following locations: Coney Island Avenue, Brighton 2 nd Street, Ocean Parkway, West 8 th Street, West 10 th Street, West 12 th Street, Stillwell Avenue, West 36 th Street, and Steeplechase Pier. No more than two (2) machines may be installed at each of these locations, with the exception of Steeplechase Pier, where there may be no more than four (4) machines. Bidders interested in installing machines in this park should include a list of the specific locations that they propose to install the machines. Shore Park, Brooklyn Shore Park s 58-acres are located along the Hudson River and Shore Parkway. The concessionaire may provide up to twenty (20) coin-operated binocular viewing machines along the entire length of the bicycle path between Bay Parkway and the 69 th Street Pier. Machines should be installed in pairs. Bidders interested in installing machines in this park should include a list of the specific locations that they propose to install the machines.

Page 3 The Term Parks is seeking a concessionaire for a four-(4)year term. No longer term will be considered. This concession will be operated pursuant to a license issued by Parks; no leasehold or other proprietary right is offered. Requirements During The Term Of The License 1. The successful bidder will be responsible for obtaining any and all necessary approvals, permits, sign-offs, and licenses for the lawful operation of this concession. 2. The concessionaire will be responsible for cleaning the area within 50 feet of the vending machines, and keeping all signs and structures free of graffiti. Therefore, bidders should indicate what their cleaning schedule will be. 3. The concessionaire is responsible for the appearance of the vending units. The vending units must be painted a color acceptable to Parks and they must be repainted as needed. No signs may be posted on the vending units except for those signs approved in writing by Parks. The concessionaire is responsible for removing all unauthorized signs, posters, flyers, stickers, and graffiti within five (5) hours after appearing on the vending units. 4. The concessionaire agrees that Parks Inspectors and/or Parks Enforcement Officers may confiscate any and all material outside of the permitted vending structure. If material is stored or displayed outside of the permitted area, all expenses associated with enforcement of that provision will be reimbursed by the operator to the City. 5. The concessionaire will be required to supply all equipment necessary for the operation of this concession. All fixed equipment becomes the property of Parks upon installation, at Parks' option. Should Parks choose not to exercise this option, it becomes the responsibility of the concessionaire upon expiration or termination of the license agreement to remove fixed equipment and return the licensed premises to Parks in a condition as good as or better than that at the commencement of the license term. 6. The concessionaire will be required to carry at least $500,000.00 in general liability insurance coverage and $500,000.00 in property damage liability insurance coverage, with NYC Parks & Recreation named as an Additional Insured. 7. A security deposit of at least 25% of the highest year s guaranteed minimum license fee will be required for the duration of the term.

Page 4 8. The concessionaire will be required to submit quarterly or monthly statements of gross receipts in a format approved by Parks & Recreation. 9. The selling and/or advertisement of cigarettes, cigars, or any other tobacco products is strictly prohibited. It is the concessionaire's responsibility to adhere to and enforce this policy. 10. All prices and viewing cycle time lengths must be approved by Parks. 11. The concessionaire will not cut down or remove any trees on the permitted premises without prior written approval from Parks. Any attachments to the trees, such as lights, will not be permitted. 12. The concessionaire will be required to make all necessary repairs during the term of license. 13. The concessionaire will comply with all City, state, and federal laws relating to access for persons with disabilities. 14. The concessionaire will submit monthly reports of gross receipts, in a format approved by Parks, broken down into categories of income. At the end of each operating year, the concessionaire will be required to submit a detailed income and expense statement for the past year s operation. 15. The concessionaire will pay all taxes applicable to the operation of the concession. No applicable taxes maybe deducted from gross receipts, or from license fees. 16. Concessionaires are expected to comply with all terms of their license agreements. Inspectors from Parks will visit the site unannounced to inspect the operation and determine whether or not you are complying with the terms of your license. Once violations are properly documented, you will be assessed a charge for each violation which, if not paid, will be deducted from the security deposit held by Parks, and the security deposit should then be replenished. The RFB Process/Bidding Procedure Bid Submission Instructions All bids must meet the requirements listed below in the Bid Submission Requirements section, and should comply with all the items listed below in the Bid Submission Guidelines section. Bidders should use the bid submission form at the end of this RFB. All other information

Page 5 included with the bid form should be printed or typed on one side of 8½ x 11" paper. There is no page limit for bids, but bidders are encouraged to use discretion in the amount of information they submit. The bid form, the bid deposit, and any additional information should be submitted in a sealed envelope with the following information written on the outside: Solicitation # M5A/Z39A/B82/B169-VM Coin-Operated Bidder s Name Bidder s Address Return Date: June 17, 2002 No bids should be submitted in plastic sleeves or spiral bindings. Illustrations may be included. All plans are subject to Parks approval. Oversized drawings may be submitted, but must be accompanied by 8½ x 11" sectionals or reductions to 8½ x 11". No telegraphic or facsimile bids will be accepted. Please submit four (4) copies of your bid submission. As part of this submission, you should also include completed copies of Parks business questionnaires (Business, Business Entity, Principal, and Personal questionnaires) and VENDEX business questionnaires (Business Entity and Principal Questionnaires), which you can obtain by contacting the project manager. Bid Submission Requirements Each bid must meet the following requirements. Failure to comply with these requirements will result in the automatic disqualification of a submission from further consideration. 1. The bid must include a fee offer. 2. The bidder must submit his or her bid in a sealed envelope to the Assistant Commissioner for Revenue, NYC Parks & Recreation, The Arsenal, Room 407, Central Park, New York, New York 10021, no later than Monday, June 17, 2002, at 2 PM. No bids will be accepted after that time, and late bids will be returned unopened. Hand delivery to Room 407 before the deadline is recommended to ensure consideration of your bid. 3. All bidders are required to submit a certified check, bank/official check, or money order in the amount of $500.00 with the bid. This deposit should be payable to New York City Parks & Recreation. The check of the successful bidder will be retained as liquidated damages in the event that this bidder fails to enter into an agreement with Parks & Recreation. All other checks will be returned.

Page 6 Bid Submission Guidelines 1. Bidders should submit designs for the machine and a proposed site plans. Designs, colors, and machines locations are subject to Parks approval. 2. Bidders should submit proposed prices and time durations of each viewing cycles. 3. Bidders should include a resume or detailed description of their professional qualifications. 4. Bidders should include the names and addresses of all corporate officers of the entity submitting the bid. 5. Bidders should also indicate whether they have had previous experience working for a city agency, or with city regulatory agencies, and the extent to which they can accommodate to city procedures. 6. All bids should include a financial statement prepared in accordance with standard accounting procedures. 7. NYC Parks & Recreation is charged with improving customer satisfaction with the services provided at all facilities on Parks property. Parks will view favorably all bids that incorporate self-check mechanisms that indicate the quality level of services offered. Such mechanisms include but are not limited to a customer evaluation or survey form filled out on a regular basis. Parks & Recreation would like to see bids which also indicate how the bidder would improve the services offered if necessary. Bid Evaluation and Selection Procedure In evaluating bids, Parks will select the highest fee offer to the City from a responsible bidder. Any bid submitted that does not meet the criteria set in the Bid Submission Requirements section will be considered an unresponsive bid. However, the City is not required to accept the bid that includes the highest fee offer, nor does Parks acceptance of a bid does not imply that every element of that bid has been accepted. Failure to demonstrate extensive experience in the field, or to respond substantially to the requirements of the RFB, will result in the rejection of the bids. Other General RFB Requirements and Conditions NYC Parks and Recreation reserves the right to postpone or cancel the RFB or reject all bids, if in its judgment it would be in the best interests of the City of New York to do so. Bidders are advised that Parks can select the successful bidder without conducting negotiations. Therefore, each bidder should submit his or her best bid initially, since negotiations may not occur.

Page 7 All Request for Bids submission material becomes the property of the City of New York and Parks & Recreation. Bid submission material will generally be made available for inspection and copying by interested parties, upon written request, except when exempted from disclosure under the New York State Freedom of Information Law. NYC Parks & Recreation is subject to the New York State Freedom of Information Law, which governs the process for the public disclosure of certain records maintained by Parks. (See Public Officers Law, Sections 87 and 89.) Individuals or firms that submit bids to Parks may request that Parks except all or part of such bid from public disclosure, pursuant to Section 87 (2)(d) of the Public Officers Law, on the grounds that the bid contains trade secrets, proprietary information, or that the information, if disclosed, would cause substantial injury to the competitive position of the individual or firm submitting the information. Such exception may extend to information contained in the request itself, if public disclosure would defeat the purpose for which the exception is sought. The request for such an exception must be in writing and state, in detail, the specific reasons for the requested exception. If must also specify the bid or portions thereof for which the exception is requested. If Parks grants the request for exception from disclosure, Parks shall keep such bid or portion thereof in secure facilities. NYC Parks & Recreation will not be liable for any costs incurred by bidders in the preparation of bids of for any work performed in connection therein. When feasible, employees of Parks & Recreation will visit facilities operated by bidders. A bidder may submit a modified bid to replace all or any portion of a bid submitted up until the bid submission deadline. The project manager will only consider the latest version of the bid. Late bids and late modifications will not be considered for evaluation. Bidders may withdraw their bid from consideration at any time before the public bid opening. To withdraw a bid, the bidder must provide Parks with written notification. Technical addenda issued by NYC Parks & Recreation will be the only authorized method for communicating clarificatory information to all potential bidders. Bidders should contact the agency prior to submission of bids to verify that any addenda issued have been received and bidders are to acknowledge the receipt of all addenda as part of their bids. The Office of the Comptroller of the City of New York is charged with the audit of concession agreements. Any person or entity who believes that there has been unfairness, favoritism, or impropriety in the bid process should inform the Comptroller s Office of Contract Administration, located at 1 Centre Street, Room 835, New York, NY 10007. This office may be contacted at (212)669-2323. Adrian Benepe, Commissioner

COIN-OPERATED BINOCULAR VIEWING MACHINES May 2002 This form MUST be submitted with a certified, official/bank, cashier s check or money order in the amount of $500.00 payable to NYC Parks & Recreation. Any additional information should be submitted on one side of an 8½ x 11" paper only. All submissions become the property of Parks. NAME: SOCIAL SEC. # - - Last First M ADDRESS: CITY: STATE: ZIP: PHONE: You must provide at least two (2) numbers at which we will be able reach you. BUSINESS ( ) HOME ( ) PAGER/CELLULAR ( ) FAX ( ) OTHER ( ) (If this line is completed, please indicate a contact person or explain further) FEE OFFER YEAR/SEASON 1: (Start Date through 12/31/02) MINIMUM GUARANTEED PAYMENT: $ YEAR/SEASON 2: (1/1/03 through 12/31/03) MINIMUM GUARANTEED PAYMENT: $ YEAR/SEASON 3: (1/1/04 through 12/31/04) MINIMUM GUARANTEED PAYMENT: $ YEAR/SEASON 4: (1/1/05 through 12/31/05) MINIMUM GUARANTEED PAYMENT: $ NOTE: Parks expects an increase in the second year's license fee, and a further increase in the third year s fee. Parks strongly encourages an increase of at least 5% between years. THE MINIMUM ACCEPTABLE BID FOR EACH YEAR OF OPERATION IS $500.00.

City of New York The Arsenal, Room 407 Parks & Recreation Central Park Revenue Division New York, New York 10021 List all permits, licenses, leases, and franchises issued by the city or state agencies held by you. Description Expiration Date NY State Sales Tax: Health Department Certificate: Tax I.D. Number: Have you previously operated under a license from the Parks? Yes No If yes, describe the concession(s): List all current Park permits held by you and/or any entity you control: Are you a veteran? Yes No Briefly describe your experience and qualifications: Briefly describe how you will improve customer service: I certify that all statements on this form are true to the best of my knowledge. Signature Date