Professional Documents
Culture Documents
CITY OF WATERTOWN
ROOM 205, CITY HALL
245 WASHINGTON STREET
WATERTOWN, NEW YORK 13601-3380
E-MAIL: APastuf@Watertown-ny.gov
Phone (315) 785-7749 Fax (315) 785-7752
RECEIPT OF PROPOSALS:
2.1 Five (5) copies of the Proposal and other required documents must be submitted, sealed in an
opaque envelope clearly marked with the name and number of the Proposal and the name and
address of the Proposer. Proposals must be received no later than 11:00 am on September 30,
2016, at the following address:
Amy M. Pastuf, Purchasing Manager
245 Washington Street, Suite 205
Watertown, NY 13601
315-785-7749
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2.2 The Proposal submitted by the Proposer is the document that will be utilized by the City of
Watertown to make its initial judgment regarding the Proposers qualifications, understanding of
the Citys scope and objectives, methodology, and ability to complete services under the
contract.
2.3 Those submitting Proposals do so entirely at their own expense. There is no express or
implied obligation by the City of Watertown to reimburse any firm or individual for any costs
incurred in preparing or submitting Proposals, preparing or submitting additional information
requested by the City, or for participating in any selection interviews.
2.4 Submission of any Proposal indicates acceptance of the conditions contained in the RFP,
unless clearly and specifically noted otherwise in the Proposal.
2.5 The City of Watertown reserves the right to reject any and all Proposals, in whole or in part,
submitted in response to this RFP.
2.6 The City of Watertown reserves the right to waive any and all informalities and to disregard
all non-conforming, non-responsive or conditional Proposals.
2.7 The City of Watertown may, at any time by written notification to all Proposers, change any
portion of the RFP described and detailed herein.
2.8 Proposals will be examined and evaluated by the City of Watertown Managers Office,
Parks and Recreation Department and the Purchasing Department.
2.9 During the evaluation of Proposals, the City may require clarification of information or may
invite Proposers to an oral presentation to amplify and or validate Proposal contents.
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3.6 Provide any additional information that would distinguish your firm in its service to the City
of Watertown.
3.7 In addition, the City of Watertown may make such investigations it deems necessary to
determine the ability of the Proposer to perform financially. The Proposer shall furnish to the
City, within five (5) days of a request, all such information and data for this purpose as may be
requested. The City reserves the right to reject any Proposal if the information submitted by, or
investigation of, such Proposer fails to satisfy the City that such Proposer is properly qualified to
carry out the obligations of the contract and to complete the work contemplated therein.
Conditional Proposals will not be accepted
SCOPE OF SERVICES:
4.1 Naming Rights entitles the Sponsor to rename the Arena with a name chosen by the Sponsor,
with pre-approval by the City Manager and Department of Parks and Recreation. The Sponsor
will have the non-exclusive right to place its name on existing external signage, including the
exterior of the facility, exterior marquee, interior lobby area (mezzanine), directional signage and
highway signage. It should be noted that during the professional hockey season promotional
signage inside the arena area is considered part of the hockey contract. The Proposers chosen
name will be part of the center ice marking in the form of a circular banner surrounding the
teams name as part of the Naming Rights. The Proposer may suggest other ideas for name
placement inside the arena area, but they are subject to approval by the City Manager and/or the
Department of Parks and Recreation.
4.2 The Sponsor will commit to provide all materials and replacement signage, including
installation as needed to complete the re-titling of the Arena. The cost of changing all exterior
and interior signage will be paid for by the Naming Rights Sponsor. Any engineering or
architectural expenses necessary to complete the signage placement will be borne by the
Sponsor. All sign placements must be approved by the City of Watertown City Manager and be
in accord with any and all municipal approvals, zoning and building code requirements. No
signs may be placed on the roof of the building. The Naming Rights Sponsor shall be
responsible for contracting all work relative to the removal of existing signage and the
installation of all exterior and interior signage. All contractors and subcontractors performing
work at the request of the Naming Rights Sponsor shall be required to provide certificates of
insurance in compliance with the insurance requirements set forth in. All contracting work is
subject to Department of Labor Prevailing Wage Requirements. The PRC # for this project is
2016007087.
4.2.1 The Proposer shall provide all on-going maintenance and bulb replacement for the signage.
4.2.2 The dimensions for outdoor signage are approximately 200 feet, as per the City of
Watertown Code.
4.2.3 It will be the responsibility of the Naming Rights Sponsor to work with, and compensate,
the New York State Department of Transportation to change the signs on all New York State
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TERM OF CONTRACT:
5.1 The contract period shall be five (5) years, beginning immediately and ending June 30,
2021.
5.2 The successful Proposer shall execute a contract with the City of Watertown that will be
substantial conformance with this RFP, Proposers Proposal, and any applicable Federal, State or
Local law, rule or regulation.
REVENUE PROPOSAL:
6.1 Submit a revenue proposal for the naming rights, a minimum annual sum of $50,000.00 is
required.
6.2 If proposing additional cash or marketing activities detail the structure of how those benefits
would be allocated to the City.
6.3 Provide any other relevant information that will assist the City in evaluating your Proposal.
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PROPOSAL SUBMISSIONS:
7.1 In order for the City to conduct a uniform review process of all proposals, proposals must be
submitted in the format set forth below. Failure to follow this format may be cause for rejection
of a proposal because adherence to this format is critical for the Citys evaluation process:
SECTION I:
Title Page -
Table of Contents -
The title page should reflect the Request for Proposal subject, name
of the Proposer, address, telephone number and contact person.
The Table of Contents must indicate the material included in the
proposal by section and page number.
SECTION II:
Qualification / Experience - The Qualification / Experience section must address Proposers
qualifications and experience to carry out the requested service,
inclusive of, but not limited to: qualification to do business in NYS,
number of years in business and length of experience.
Resumes -
SECTION III:
References -
SECTION IV:
Plan Implementation -
The Proposer must advise the City of the name or title it wishes to
bestow upon the City of Watertown Municipal Arena. The
Proposer should outline any additional ideas to market the new
name or title and the implementation plan.
SECTION V:
Revenue Proposal Section - The Revenue Proposal Section must include all revenue associated
with the Proposers plan to carry out the requested service. Any
revenue proposal forms furnished by the City must be included in
this section.
SECTION VI:
Mandatory Documentation - Mandatory Documentation Section must include: Acknowledgment
by Proposer (Attachment A); The Non-Collusive Bidding
Certificate (Attachment B); Certification of Compliance with the
Iran Divestment Act (Attachment C); Dun & Bradstreet Report as
required by the City.
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PROPOSAL EVALUATION:
8.1 Proposals will remain valid until the execution of a contract by the City of Watertown, unless
otherwise rejected consistent with this RFP.
8.2 Proposals received will be evaluated by a committee with representation from the City of
Watertown City Managers Officer, the Purchasing Department and the Department of Parks and
Recreation. Proposals shall be evaluated based upon the following:
CRITERIA
WEIGHT
50%
20%
30%
8.3 Proposals will be examined and evaluated by the City of Watertown City Managers Officer,
the Purchasing Department and the Department of Parks and Recreation to determine whether
the requirements of this RFP are met and to make a recommendation to the City of Watertown
Council for a contract award. Approval of the contract award by the City of Watertown City
Council is required.
8.4 A notice of contract award shall not be binding upon the City until the contract has been fully
executed by both parties.
ALTERNATIVES:
9.1 Proposer may include in its Proposal items not specified in this RFP, which it would consider
pertinent. All such alternatives must be listed separately from the Proposal and the benefits
thereof must be separately stated.
INDEMNIFICATION:
10.1 The successful Proposer shall defend, indemnify and save harmless the City, its employees
and agents, from and against all claims, damages, losses and expenses (including without
limitations, reasonable attorneys fees) arising out of, or in consequence of, any negligent or
intentional act or omission of the successful Proposer, its employees or agents, to the extent of
its or their responsibility for such claims, damages, losses and expenses.
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SPECIFICATION CLARIFICATION:
11.1 All inquiries with respect to this Request for Proposals must be directed to the City of
Watertown Purchasing Manager as follows:
Amy M. Pastuf, Purchasing Manager
245 Washington Street, Suite 205
Watertown, NY 13601
apastuf@watertown-ny.gov
315-785-7749 - phone
315-785-7752 - fax
11.2 All questions about the meaning or intent of the specifications must be submitted to the
aforementioned designated person in writing. Replies will be issued by Addenda mailed or
delivered to all parties recorded as having received the proposal documents. Questions received
less than four (4) days prior to the date of submission of Proposals will not be answered. The
City will be bound only by written responses given by formal written Addenda
11.3 Other than the contact person identified in the Proposal, or their designee, prospective
Proposers shall not approach City employees during the period of this RFP process about any
matters related to this RFP or any proposals submitted pursuant thereto.
PROPOSAL SECURITY:
13.1 No proposal security is requested for this Proposal.
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ANTIDISCRIMINATION CLAUSE
17.1 Pursuant to Section 220-E of the NYS Labor Law, regarding provisions in contracts
prohibiting discrimination on account of race, creed, color or national origin in employment
of citizens upon public works, the Contractor agrees: (a) That in the hiring of employees for
the performance of work under this contract or any subcontract hereunder, no contractor,
subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by
reason of race, creed, color, disability, sex or national origin discriminate against any citizen
of the state of New York who is qualified and available to perform the work to which the
employment relates; (b) That no contractor, subcontractor, nor any person on his behalf
shall, in any manner, discriminate against or intimidate any employee hired for the
performance of work under this contract on account of race, creed, color, disability, sex or
national origin; (c) That there may be deducted from the amount payable to the contractor
by the state or municipality under this contract a penalty of fifty dollars for each person for
each calendar day during which such person was discriminated against or intimidated in
violation of the provisions of the contract; (d) That this contract may be cancelled or
terminated by the state or municipality, and all moneys due or to become due hereunder may
be forfeited, for a second or any subsequent violation of the terms or conditions of this
section of the contract; and (e) The aforesaid provisions of this section covering every
contract for or on behalf of the state or a municipality for the manufacture, sale or
distribution of materials, equipment or supplies shall be limited to operations performed
within the territorial limits of the state of New York.
DISCREPANCY
18.1 In the event of any discrepancy, disagreement or ambiguity among the documents which
comprise this RFP, and/or, the Agreement (between the City and the successful Proposer
and its incorporated documents, the documents shall be given preference in the following
order to interpret and to resolve such discrepancy, disagreement or ambiguity: 1) the
Agreement; 2) the RFP; 3) the Proposers proposal.
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Attachment A
Proposal Certifications
EXCEPTIONS OR LIMITATIONS TO SPECIFICATIONS AND CONDITIONS
This page must be completed and signed by the vendor in order for your bid to be considered by the
City of Watertown.
A. If any exceptions or limitations to the bid conditions and specifications are part of your bid, you must check
box 1 (below) and indicate the limitation on this page.
B. If no exceptions or limitations are part of your bid, you must check box 2 (below).
1. The following limitations or qualifications are included in this bid:
a. Delivery:
b. Freight or Delivery Charges:
c. Pricing:
d. Other (please specify):
2. No Limitations or Exceptions Apply
Please sign here
Authorized Signature:
Title
Printed Name:
Company Name
Address:
Phone Number:
Fax Number
E-mail address:
Website:
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Attachment B
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Attachment B
Non-Collusion Certificate
EACH BID OR PROPOSAL MUST HAVE ATTACHED TO IT A NON-COLLUSION CERTIFICATE
PURSUANT TO 103-D OF THE GENERAL MUNICIPAL LAW FULLY COMPLETED AND
SIGNED. THE CERTIFICATE BELOW MUST BE COMPLETED AND RETURNED WITH THIS
BID.
_____________________________________________________________________________________
and to include in such bid or proposal the certificate as to non-collusion required by section one hundred
three D of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or
mis-statements in such certificate this corporation bidder shall be liable under the penalties of perjury.
_____________________________________________
The foregoing is true and correct copy of the resolution adopted by:
Corporation
At the meeting of its Board of Directors held on ______________ day of _________________ 20______
(Seal of Corporation)
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Attachment C
CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT
As a result of the Iran Divestment Act of 2012 (the Act), Chapter 1 of the 2012 Laws of New York, a new
provision has been added to State Finance Law (SFL) 165-a and New York General Municipal Law 103-g, both
effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be
developing a list of persons who are engaged in investment activities in Iran (both are defined terms in the law)
(the Prohibited Entities List"). Pursuant to SFL 165-a(3)(b), the initial list is expected to be issued no later than
120 days after the Acts effective date at which time it will be posted on the OGS website.
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, to the best of its knowledge and belief, 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 City receive information that a Bidder/Contractor is in violation of the
above-referenced certification, the City 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 City 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 City 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.
_____________________________________________
SIGNED
SWORN to before me this _______ day of _______________ 20___
Notary Public: _________________________
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Questions
ALL questions with regard to this Proposal MUST be faxed to the attention of the City
Purchasing Manager on this form at (315) 785-7752.
No questions will be entertained by any other means. All questions must be submitted at least
five (5) business days prior to the official bid opening. Questions received after this time may
not be addressed.
Vendor Name
Telephone number
Date
Fax number
____________________________________________________
____________________________________________________
__________________________________________________
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WITNESSETH:
WHEREAS, the CITY owns the CITY OF WATERTOWN MUNICIPAL ARENA (hereinafter
referred to as the "Arena"), located at 600 W.T. Field Drive, Watertown, NY 13601; and
WHEREAS, the CITY, through a Request for Proposals (#RFP 2016-02), dated ________,
sought proposals for Naming Rights and other purposes related to the Arena; and
WHEREAS, __________ offered a proposal for Naming Rights and other purposes related to the
Arena, _________; and WHEREAS, after analysis of the proposals received to the Request for
Proposals, the City Manager submitted a recommendation to the City Council to award Naming
Rights and for other purposes to __________; and
WHEREAS, the Watertown City Council approved the City Managers Recommendation to
award Naming Rights of the Arena to __________ through Resolution Number ______, adopted
_______;
NOW THEREFORE, in consideration of these premises and the mutual promises and covenants
set forth herein, and intending to be legally bound hereby, the PARTIES agree as follows:
1. Article 1. Definitions
As used in this AGREEMENT, the following words and terms shall have the following
meanings:
1.1 "Additional value" means tangible benefits provided by __________ to the CITY
pursuant to the terms of this AGREEMENT that have an estimated cash equivalent value
derived from quantities of goods, media purchases and related media promotions. Such
additional value shall be documented in reports as provided for in this AGREEMENT.
1.2 "Arena Logo" means a logo as mutually agreed upon by __________ and the City
Manager.
1.3 "Arena Name" means the name set forth in Article 3.1 herein;
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1.4 "Contract Year" means each succeeding twelve (12) month period after the
AGREEMENT is fully executed and beginning each year thereafter;
1.5 "Event" means and includes every presentation or performance that occurs in the Arena.
1.6 "SUPERINTENDENT OF PARKS AND GROUNDS means the general manager of the
Arena as determined by the City Manager.
Article 2. Contract Term
2.1 Performance under this AGREEMENT shall commence on and as of the date hereof and
continue for a period of five (5) years.
Article 3. Naming Rights: Grant: Signage
3.1 The CITY hereby agrees to the renaming of the Arena to the "______ Arena", and grants
to __________such identification rights to the Arena, subject to the terms and conditions
set forth in this AGREEMENT.
3.2 The signage rights granted hereby are limited solely to identification of the Sponsor's
name and logo in the context of the Arena name.
3.3 __________ shall not, without the CITY'S consent, enter into a Naming Rights
agreement with respect to any other sports and entertainment arena located within its
franchises, the name of which includes the "_____" name and the word "Arena". It is the
intention of __________ to work with the CITY so that no other sports and entertainment
arena located within five hundred miles of Watertown includes the "_______" name and
the word "Arena".
3.4 __________ shall have the non-exclusive right to place its name and logo on existing
internal and external signage, including, but not limited to, exterior of the Arena, lobby
mezzanine wall, directional signage, and highway signage.
3.5 __________ agrees to change, install and maintain at its sole expense all interior and
exterior signs and to pay for other materials necessary to accomplish the name change as
set forth and incorporated into this AGREEMENT as Appendix A. Any costs associated
with the name change which have not been determined at the execution of this
AGREEMENT will be reasonably determined as soon as practicable by the CITY and
provided to __________.
3.6 __________ shall be responsible for installing changes within sixty (60) days of
execution of this AGREEMENT to all signage related to its Naming Rights and will work
diligently to assure that the best quality for the best price is achieved during the
changeover.
3.7 All sign placements pursuant to this AGREEMENT shall be approved by the City
Manager, which shall not be unreasonably withheld or delayed, and must be in accord
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with any and all municipal approvals, zoning and building code requirements. The
method of installation of any signage shall be subject to the prior approval of the City
Manager. Before beginning any work, __________ shall obtain all necessary permits and
approvals.
3.8 __________ shall use due care at all times to avoid any damage or harm to the Arena or
operation or use thereof. Immediately following completion of any work performed
hereunder, __________ shall, at its cost, restore the Arena to its prior condition. If any
portion of the Arena is damaged or destroyed by __________, then __________ shall
immediately, at its sole cost, repair any and all such damage and restore the Arena to its
previous condition.
3.9 The PARTIES agree that no signs will be installed on the roof of the Arena.
3.10 __________ and the CITY shall use reasonable efforts to request the City of Watertown
and the State of New York to install and erect roadway and traffic directional signs
identifying the Arena as the "_____ Arena".
3.11 The CITY shall use reasonable efforts to cause all other references to the Arena,
whether arising from franchise agreements, promotional activities, lease agreements, or
otherwise in the course of its Arena management responsibilities, to use the "_____
Arena" name.
Article 4. Sponsorship of Events
4.1 __________ and the CITY shall coordinate their efforts in advertising and in other
activities required for event sponsorship.
Article 5. Summary of Fees: Payment Schedules.
5.1 __________ shall pay annually to the CITY a fee of $___,000 net over the term of the
AGREEMENT for the rights and benefits described herein for Naming Rights of the
Arena. Over the contract term the total fees shall be $__,000,000. The first payment shall
be due upon execution of this AGREEMENT and on the anniversary date for each
ensuing year.
Article 6. Headings
6.1 All headings used in this AGREEMENT are for convenience and reference only, and
shall not affect the interpretation of any of the terms of this AGREEMENT.
Article 7. Cooperation
7.1 _______ shall cooperate with representatives, agents and employees of the CITY and the
CITY shall cooperate with __________, its representatives, agents and employees to the
end that performance of this AGREEMENT may proceed expeditiously and
economically.
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Article 8. Relationship
8.1 __________ is, and will function as an independent contractor under the terms of this
AGREEMENT and shall not be considered an agent or employee of the CITY for any
purpose whatever. The employees of ______ shall not in any manner be, or be held out to
be, agents or employees of the CITY.
Article 9. Assignments
9.1 _______ specifically agrees as required by Section 109 of the New York General
Municipal Law that __________ is prohibited from assigning, transferring, conveying,
subcontracting, or otherwise disposing of this AGREEMENT, or _____'S right, title or
interest therein, without the prior consent in writing of the CITY.
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Sponsor
Address
City, State, Zip
Article 20. Applicable Law
20.1 This AGREEMENT shall be governed by the laws of the State of New York.
Article 21. Default And Remedies
21.1. Events of Default.
(A) An event of default under this AGREEMENT shall have occurred if:
(1) Any representation, warranty or other written statement by or on behalf of
_______ contained in this AGREEMENT or in any document or instrument
furnished in compliance with or pursuant to this AGREEMENT shall have been
false or misleading in any material respect when made.
(2) __________ shall fail to pay any amount required to be paid pursuant to this
AGREEMENT within fifteen (15) days after notice that the same has not been
paid as required herein;
(3) __________ fails to perform any of the other terms, covenants and conditions of
this AGREEMENT (a "Non-Monetary Default") to be observed and performed by
the Sponsor (other than one which is the subject of another event of default
hereunder) for more than thirty (30) days after notice of such Non-Monetary
Default, unless such failure requires work to be performed acts to be done or
conditions to be removed which cannot, by their nature, reasonably be performed
done or removed within such thirty (30) day period, in which case no event of
default hereunder shall exist as long as the Sponsor shall have commenced curing
the same within such thirty (30) day period and shall diligently and continuously
pursue the same to completion within a reasonable period of time from said
notice;
(4) __________ should seek or consent to the filing or entry of, an order for relief in
any bankruptcy proceeding, or be adjudicated a bankrupt or make a general
assignment for the benefit of creditors;
(5) An involuntary bankruptcy proceeding shall be commenced against __________
and such proceeding shall not be terminated within one hundred and twenty (120)
days from the date of the commencement of such proceeding;
(6) A receiver, liquidator, trustee or custodian shall be appointed for __________ or
any of ______'s property or businesses; or
(7) Any action or proceeding is commenced for the dissolution or liquidation of
__________, whether instituted by or against __________.
(8) In the discretion of the City Manager, ________ is party to any malfeasance,
causing significant public harm, resulting in significant negative public perception
to ______ or the CITY.
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(B) Notwithstanding the provisions of Section 21.1 (A) hereof, if by reason of force
majeure (as hereinafter defined) either __________ or the CITY hereto shall be
unable, in whole or in part, to carry out its obligations under this AGREEMENT and
if such Party shall give notice and full particulars of such force majeure in writing to
the other Party within a reasonable time after the occurrence of the event or cause
relied upon, the obligations under this AGREEMENT of the Party giving such notice
so far as they are affected by such force majeure, shall be suspended during the
continuance of the inability, which shall include a reasonable time for the removal of
the effect thereof. The suspension of such obligations for such period pursuant to this
subsection (B) shall not be deemed an event of default under this Article. The term
"force majeure" as used herein shall include acts of God, strikes, lockouts or other
industrial disturbances, acts of public enemies, orders of any kind of government
authority or any civil or military authority, hurricanes, storms, floods, washouts,
restraint of government and people, explosions, entire failure of utilities. It is agreed
that the settlement of strikes, lockouts and other industrial disturbances shall be
entirely within the discretion of the Party having difficulty and the Party having
difficulty shall not be required to settle any strike lockout or other industrial
disturbances by acceding to the demands of the opposing Party.
21.2 Notwithstanding the provisions of Section 21.1 (A) herein, __________ shall not be entitled to a
reduction or offset to any fees or other obligations pursuant to this AGREEMENT as a result of
the cancellation of any event at the Arena, loss or addition of any franchise at the Arena, or loss
or addition of tenants at the Arena during the term of this AGREEMENT.
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IN WITNESS WHEREOF, this AGREEMENT has been executed by the CITY, acting by and
through the City Manager, and __________, by and through a duly authorized officer,
effective the day and year first above written.
CITY OF WATERTOWN
___________________(Sponsor)
BY:___________________
BY:______________________________
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Schedule A
Insurance and Bonds Required
The City of Watertown is self-insured, and therefore relies upon the additional named insured
status, provided by the Contractor, for a defense and indemnification of claims arising from the
project.
The City of Watertown and the City Engineer, both officially and personally, shall be included as
insureds on the Contractors CGL, using ISO Additional Insured Endorsement CG20 10 11 85 or
an endorsement providing equivalent coverage to the additional insureds and on the Contractors
commercial umbrella liability policy. The CGL insurance for the additional insureds shall be as
broad as the coverage provided for the named insured Contractor. It shall apply as primary and
noncontributing insurance before any insurance maintained by the additional insureds.
Additional insured status shall also be made applicable to Products/Completed Operations
Coverage. The additional insured status provided by the Contractors policies of insurance,
including umbrella insurance, shall not be limited to vicarious liability issues only. The
Certificates of Insurance for additional insureds must identify the existence of additional insured
status. The Certificates of Insurance should state for example The Certificate holder shall be an
additional insured as required by the Contract between the named insured and the City of
Watertown by Contract dated____________.
The Contractor shall save and hold the City harmless from and against all liability, claims and
demands on account of personal injuries, bodily injuries and death (including without limitation
of the foregoing Workers Compensation) or property loss or damage of any kind whatsoever,
which arise out of or are in any manner connected with, or are claimed to arise out of or be in
any manner connected with , their performance of this contract, regardless of whether such
injury, loss or damage shall be caused by, or claim to be caused by, the negligence or other fault
of the contractor, or of the sub-contractor, or of the City or of some other person; or by any
agents or employees of any of the forgoing; or by accident; or otherwise.
The Contractor/Vendor shall not commence work under this Contract until he/she has obtained
all insurance and bonding required under this section and such insurances have been filed and
approved with the City, nor shall the Contractor/Vendor allow any sub-contractor to commence
work on his sub-contract until such sub-contractor has been approved by the City and all similar
insurance required of the sub-contractor has been so obtained and approved. The required
insurance coverage is as follows:
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IF THE VENDOR IS REQUIRED TO CARRY COVERAGE AND HAS AN OUTSIDE CARRIER, submit
Form C-105.2, Certificate of Workers' Compensation Insurance. The VENDORS insurance carrier will send this
form to the CITY at the VENDORS request. PLEASE NOTE: The State Insurance Fund provides its own version of
this Form (the U-26.3).
IF THE VENDOR IS REQUIRED TO CARRY COVERAGE AND IS SELF INSURED, submit Form SI-12,
Certificate of Workers' Compensation Self-Insurance. The VENDORS Group Self-Insurance Administrator will
send this form to the CITY at the VENDORS request.
IF THE VENDOR IS NOT REQUIRED TO CARRY COVERAGE, submit Form CE-200, Certificate of
Attestation of Exemption from New York State Workers Compensation and/or Disability Benefits Insurance
Coverage. This form and the instructions for completing it are available from the link below.
DISABILITY BENEFITS REQUIREMENTS: To assist the State of New York and municipal entities (the City
of Watertown) in enforcing WCL Section 220(8), business entities (the Vendor) seeking to enter into contract with
municipalities (the City of Watertown) MUST provide ONE of the following forms to the municipal entity (the City
of Watertown) it is entering into a contract with:
IF THE VENDOR IS REQUIRED TO CARRY COVERAGE AND HAS AN OUTSIDE CARRIER, submit
Form DB-120.1, Certificate of Disability Benefits Insurance. The Vendors insurance carrier will send this form to
the City of Watertown at the Vendors request.
IF THE VENDOR IS REQUIRED TO CARRY COVERAGE AND IS SELF INSURED, submit Form DB-155,
Certificate of Disability Self-insurance." The Vendor must call the Workers Comp. Board's Self-Insurance Office at
(518) 402-0247.
IF THE VENDOR IS NOT REQUIRED TO CARRY COVERAGE, submit Form CE-200, Certificate of
Attestation of Exemption from New York State Workers Compensation and/or Disability Benefits Insurance
Coverage. This form and the instructions for completing it are available from the link below.
Form CE-200 and the instructions for completing the application and obtaining the form are available on the New
York State Workers' Compensation Board's website, www.wcb.state.ny.us, under the heading "Common Forms."
Business entities without access to a computer may obtain a paper application for the CE-200 by writing or visiting
the Customer Service Center at any District Office of the Workers Compensation Board. However, business
entities using the manual process may wait up to four (4) weeks before receiving a CE-200. Employees of the
Workers Compensation Board cannot assist business entities in answering questions about this form. Please
contact an attorney if you have any questions regarding Form CE-200. However, if you have questions
regarding workers compensation coverage requirements, please call the Bureau of Compliance at (866) 5469322.
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*NOTE: ACORD forms are NOT acceptable proof of New York State Workers Compensation or Disability
Benefits Insurance Coverage. The manner of proof related to Workers Compensation and Disability
Insurance is controlled by New York State Laws, Rules and Regulations.
COMMERCIAL GENERAL LIABILITY INSURANCE
[ X ] If this box is checked, the Contractor shall take out and maintain during the life of this Agreement, such
bodily injury liability and property damage liability insurance as shall protect it and the City of Watertown from
claims for damages for bodily injury including accidental death, as well as from claims for property damage that
may arise from operations under this Agreement, whether such operations be by the Contractor, by any
subcontractor, or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the
Contractor to maintain such insurance in amounts sufficient to fully protect itself and the City of Watertown, but in
no instance shall amounts be less than those set forth below. The amounts set forth below establish the minimum
acceptable levels of coverage.
Bodily Injury and Property Damage Liability Insurance in an amount not less than
$1,000,000.00 for each occurrence and in an amount not less than $2,000,000.00
general aggregate.
$2,000,000.00 Products/Completed Operations
$1,000,000.00 Advertising/Personal Injury
3.
The City of Watertown located at 245 Washington Street, Watertown, NY 13601, shall be added to the
Commercial General Liability policy as an Additional Insured including completed operations and this
insurance shall be primary and non-contributory with any other valid and collectable insurance. The
appropriate box shall be checked next to the General Liability for additional insured.
4.
The Contractor shall maintain CGL coverage for itself and all additional insureds for the duration of the project
and maintain Completed Operations coverage for itself and all additional insureds for at least 3 years after
completion of the work.
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] If this box is checked, Builders Risk Insurance shall be carried by Contractor for the full contract price.
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The Vendor shall submit copies of any or all required insurance policies as and when requested by the City.
CERTIFICATE OF INSURANCE:
The Vendor shall file with the City of Watertown Purchasing Department, prior to commencing work under this
Agreement, a Certificate of Insurance.
1.
2. If the Vendors insurance policies should be non-renewed or canceled, or should expire during the life of this
Agreement, the City shall be provided with a new certificate indicating the replacement policy information as
requested above. The City requires thirty (30) days prior written notice of cancellation, fifteen (15) days for nonpayment of premium from the Insurer, its agents or representatives. Each Certificate of Insurance shall be
endorsed to provide for 30 days notice of cancellation, non-renewal or material change to the Certificate Holder and
each additional insured except where Laws or Regulations require otherwise. The endorsement shall read: No
cancellation of or change in this policy shall become effective until after thirty (30) days notice by issuing company.
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Appendix A
Signage List
Outdoor Signage
The Proposer will be able to install up to 200 of signage above the entrance to the
Watertown City Arena.
Lobby Signage
The Proposer will be able to install signage inside the lobby area on the upper
mezzanine wall that will be visible to patrons of the arena upon entering the lobby
from outside.
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Center Ice
The Proposer will be given space in the form of a band circling around the current
home teams moniker.
(Examples)
Team
Emblem
In this area
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