Concession Management Unit License #Xl96533
April 10, 1997
Amendment #2
Xxxxx Beach State Park
Xxxxx Beach Theater -- Beach Concerts, Inc.
Concession license agreement dated January 29, 1990, executed by the State
of New York acting by and through the Office of Parks, Recreation and Historic
Preservation (hereinafter referred to as PARKS), and Beach Concerts, Inc.
(hereinafter referred to as the LICENSEE).
Whereas, PARKS and the LICENSEE desire to further amend the agreement for
the operation of the Xxxxx Beach Theater, located in Xxxxx Beach State Park, as
described in the January 29, 1990 agreement and November 21, 1990 amendment (#1)
to the agreement.
Now, Therefore, in consideration of the premises and mutual covenants and
conditions contained in license X196533, as amended, PARKS hereby grants to the
LICENSEE and the LICENSEE hereby accepts from PARKS an amendment to such
agreement, presently expiring on December 31, 1999, as follows:
1. Section 10, in connection with required capital investment, is amended by
adding a new subsection, as follows:
a. LICENSEE shall make an additional capital investment in the
Xxxxx Beach Theater building, beginning in 1997 and to be
completed and placed into service for use beginning with the
1998 season. Such additional capital investment shall be for
the design, engineering, and construction of additional seats
(minimum 3,500), including skyboxes, at the Xxxxx Beach
Theater. Such additional capital investment shall be for a
minimum of Eight Million and xxx/100 Dollars ($8,000,000).
Such expansion shall be performed by LICENSEE:
(1) pursuant to plans and specifications prepared by a
professional engineer and/or professional
architect licensed to practice in the State of New
York;
(2) pursuant to plans and specifications approved by
PARKS; such approval shall not be unreasonably
withheld;
(3) the total cost of design, engineering, review and
approval of shop drawings, changes, payments,
etc., and construction supervision shall not
exceed 15% of actual total construction costs;
(4) LICENSEE shall set aside, in an interest bearing
account in the name of the LICENSEE and PARKS
jointly, a total amount of One Hundred Thousand
and XXX/100 Dollars ($100,000), which shall be
earmarked specifically for the purpose of
financing an independent engineering/architectural
firm, selected by and operating on behalf of
PARKS, to oversee construction, conduct periodic
inspections of construction in progress, and
perform such other functions with respect to this
capital improvement as directed by PARKS.
Withdrawals from this account shall be by joint
signature of PARKS and LICENSEE.
(5) All new construction shall comply with Americans
With Disabilities Act requirements as determined
by PARKS.
b. LICENSEE shall amortize the actual additional capital
investment over a twenty--three year amortization schedule.
x. XXXXX agrees to include in its new Request For Proposal for
the next license to operate the Xxxxx Beach Theater (said
license is to commence on January 1, 2000) a requirement that
the successful bidder be required to reimburse the LICENSEE
for the unamortized portion, as determined by subsection (d)
below, of the additional capital investment existing at the
expiration of this license agreement within ninety (90) days
after the approval of the new license by the State
Comptroller.
d. The actual amount of the additional capital investment
required shall be fixed upon completion of the improvement
through an audit conducted by or on behalf of Parks; this
amount will be adjusted by the inflation rate as of the date
the improvement is placed in service. The inflation rate shall
be determined by using the rate that is fixed by the United
States Bureau of Labor Statistics Consumer Price Index. The
actual amount to be reimbursed by the next licensee shall be
the audited cost of the improvement (including the inflation
adjustment) less the amount amortized by the LICENSEE for 1998
and 1999, or one/twenty-second of the total per year. In no
case shall the amount reimbursed exceed One Hundred Per Cent
(100%) of the actual additional capital investment.
e. This provision shall not be included in the subsequent license
should Beach Concerts, Inc., or a successor in interest, be
awarded the next license.
2. Section 16 of the agreement is amended to provide PARKS with ten (10),
instead of five (5), business days during which to approve or disapprove
of "all performers, performances and events to be staged by the LICENSEE
at the Xxxxx Beach Theater...."
3. Section 5.a. of the agreement is amended with respect to the payment to
PARKS as compensation for this license, as follows:
-- for the year of 1997, the LICENSEE shall pay to PARKS a lump
sum flat fee of Two Million and XXX/100 Dollars ($2,000,000);
-- for the year of 1998, the LICENSEE shall pay to PARKS a lump
sum flat fee of Two Million and XXX/l00 Dollars ($2,000,000);
-- for the year of 1999, the LICENSEE shall pay to PARKS a lump
sum flat fee of Two Million Two Hundred Thousand and xxx/100
Dollars ($2,200,000).
(a) Section 5(c) of the agreement is amended by replacing it with the
following:
5(c) In addition, the LICENSEE shall pay to PARKS each year
an amount equal to $2.00 for every ticket sold over
400,000 tickets for Xxxxx Beach Theater shows.
(b) Sections 5(b) is deleted in its entirety.
(c) Section 7 shall be amended by removing therefrom the sentence
regarding LICENSEE's agreement to pay to PARKS the sum of TWO
THOUSAND ONE HUNDRED DOLLARS ($2,100) as its share of proceeds from
the sale of artist--related merchandise. It is understood that the
LICENSEE shall no longer be required to make any payments to PARKS
under section 7 of this agreement.
4. License agreement is amended by adding the following additional sections:
Section 47. LICENSEE agrees that smoking at the licensed premises
shall be controlled in conformance with ordinances for smoking as
adopted by Nassau County for public places, or as directed by PARKS.
Section 48. LICENSEE shall provide lighting if additional parking is
required. In addition, PARKS may require special transportation from
parking areas not currently being used by the LICENSEE, at the
LICENSEE's sole expense.
Section 49. LICENSEE shall pay for all overtime expenses associated
with Park Police services for each concert.
Section 50. LICENSEE agrees to comply with the provisions of
Appendix A (Standard Clauses for All NYS Contracts), and Appendix B
(Participation by Minority Group Members and Women With Respect to
State Contracts) attached hereto and made a part hereof.
Section 51. LICENSEE agrees to comply with the provisions of
Appendix C (XxxXxxxx Fair Employment Principles), and Appendic D
(Omnibus Procurement Act of 1992), which are attached hereto, must
be signed and dated by the LICENSEE, and are made a part hereof.
All other provisions of license agreement X196533 shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
signed the day and year first above written.
OFFICE OF PARKS, RECREATION AND
HISTORIC PRESERVATION
Date: 4/20/97 By: /s/
------------------ -------------------------------
LICENSEE
Date: April 11, 1997 By: /s/ Xxx Xxxxxxxx
------------------ -------------------------------
---------------------
APPROVED AS TO FORM
NYS ATTORNEY GENERAL
Approved: APR 25 1997
/s/
ASSOCIATE ATTORNEY
---------------------
------------------------
Attorney General
Approved: /s/ MAY 8 1997
---------------------------------------
State Comptroller
CORPORATION
STATE OF NEW YORK )
) SS.:
COUNTY OF NEW YORK )
On this 11th day of April, 1997, before me personally came Xxx Xxxxxxxx, to me
known, who by me being duly sworn did dipose and say that he is the Co-President
of Beach Concerts Inc., the corporation described in and which executed the
foregoing instrument; that he is duly authorized by Beach Concerts Inc. to
execute the foregoing instrument on behalf of said corporation and that he
signed his name thereto by order of said corporation for the purposes and uses
therein described.
/s/ Xxxxxxxx X. Garringe
---------------------------------
NOTARY PUBLIC
[Stamp Illegible]
APPENDIX A
Standard Clauses For All
New York State Contracts
The parties to the attached contract, license, lease, amendment or other
agreement of any kind (hereinafter, "the contract" or "this contract") agree to
be bound by the following clauses which are hereby made a part of the contract
(the word "Contractor" herein refers to any party other than the State, whether
a contractor, licensor, licensee, lessor, lessee or any other party):
1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance
Law, the State shall have no liability under this contract to the Contractor or
to anyone else beyond funds appropriated and available for this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State
Finance Law, this contract may not be assigned by the Contractor or its right,
title or interest therein assigned, transferred, conveyed, sublet or
otherwise disposed of without the previous consent, in writing, of the State and
any attempts to assign the contract without the State's written consent are null
and void. The Contractor may, however, assign its right to receive payment
without the State's prior written consent unless this contract concerns
Certificates of Participation pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State
Finance Law (or, if this contract is with the State University or City
University of New York, Section 355 or Section 6218 of the Education Law), if
this contract exceeds $5,000 ($20,000 for certain S.U.N.Y. and C.U.N.Y.
contracts), or if this is an amendment for any amount to a contract which, as so
amended, exceeds said statutory amount or if, by this contract, the State
agrees to give something other than money, it shall not be valid, effective or
binding upon the State until it has been approved by the State Comptroller and
filed in his office.
4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the
State Finance Law, this contract shall be void and no force and effect unless
the Contractor shall provide and maintain coverage during the life of this
contract for the benefit of such employees as are required to be covered by the
provisions of the Workers' Compensation Law.
5. NON-DISCRIMINATION REQUIREMENTS. In accordance with Article 15 of the
Executive Law (also known as the Human Rights Law) and all other State and
Federal statutory and constitutional non-discrimination provisions, the
Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, sex, national origin, age, disability
or marital status. Furthermore, in accordance with Section 220-e of the Labor
Law, if this is a contract for the construction, alteration or repair of any
public building or public work or for the manufacture, sale or distribution of
materials, equipment or supplies, and to the extent that this contract shall be
performed within the State of New York, Contractor agrees that neither it nor
its subcontractors shall, by reason of race, creed, color, disability, sex or
national origin: (a) discriminate in hiring against any New York State citizen
who is qualified and available to perform the work: or (b) discriminate against
or intimidate any employee hired for the performance of work under this
contract. If this is a building service contract as defined in Section 230 of
the Labor Law, then, in accordance with Section 239 thereof. Contractor agrees
that neither it nor its subcontractors shall, by reason of race, creed, color,
national origin, age, sex or disability: (a) discriminate in hiring against any
New York State citizen who is qualified and available to perform the work: or
(b) discriminate against or intimidate any employee hired for the performance of
work under this contract. Contractor is subject to fines of $50.00 per person
per day for any violation of Section 220-e or Section 239 as well as possible
termination of this contract and forfeiture of all moneys due hereunder for a
second or subsequent violation.
6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by
Article 8 of the Labor Law or a building service contract covered by Article 9
thereof, neither Contractor's employees nor the employees of its subcontractors
may be required or permitted to work more than the number of hours or days
stated in said statutes, except as otherwise provided in the Labor Law and as
set forth in prevailing wage and supplement schedules issued by the State Labor
Department. Furthermore, Contractor and its subcontractors must pay at least the
prevailing wage rate and pay or provide the prevailing supplements, including
the premium rates for overtime pay, as determined by the State Labor Department
in accordance with the Labor Law.
7. NON-COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 139-d of
the State Finance Law, if this contract was awarded based upon the submission of
bids. Contractors warrants, under penalty of perjury, that its bid was arrived
at independently and without collusion aimed at restricting competition.
Contractor further warrants that, at the time Contractor submitted its bid, an
authorized and responsible person executed and delivered to the State a
non-collusive bidding certification on Contractor's behalf.
8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of
the Labor Law and Section 139-h of the State Finance Law, if this contract
exceeds $5,000, the Contractor agrees, as a material condition of the contract,
that neither the Contractor nor any substantially owned or affiliated person,
firm, partnership or corporation has participated, is participating, or shall
participate in an international boycott in violation of the Federal Export
Administration Act of 1979 (50 USC App. Section 2401 et seq.) or regulations
thereunder. If such Contractor, or any of the aforesaid affiliates of
Contractor, is convicted or is otherwise found to have violated said laws or
regulations upon the final determination of the United States Commerce
Department or any other appropriate agency of the United States subsequent to
the contract's execution, such contract, amendment or modification thereto
shall be rendered forfeit and void. The Contractor shall so notify the State
Comptroller within five (5) business days of such conviction, determination or
disposition of appeal (2 NYCRR 105.4).
9. SET-OFF RIGHTS. The State shall have all of its common law, equitable
and statutory rights of set-off. These rights shall include, but not be limited
to, the State's option to withhold for the purposes of set-off any moneys due to
the Contractor under this contract up to any amounts due and owing to the State
with regard to this contract, any other contract with any State department or
agency, including any contract for a term commencing prior to the term of this
contract, plus any amounts due and owing to the State for any other reason
including, without limitation, tax delinquencies, fee delinquencies or monetary
penalties relative thereto. The State shall exercise its set-off rights in
accordance with normal State practices including, in cases of set-off pursuant
to an audit, the finalization of such audit by the State agency, its
representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain complete and
accurate books, records, documents, accounts and other evidence directly
pertinent to performance under this contract (hereinafter, collectively, "the
Records"). The Records must be kept for the balance of the calendar year in
which they were made and for six (6) additional years thereafter. The State
Comptroller, the Attorney General and any other person or entity authorized to
conduct an examination, as well as the agency or agencies involved in this
contract, shall have access to the Records during normal business hours at an
office of the Contractor within the State of New York or, if no such office is
available, at a mutually agreeable and reasonable venue within the State, for
the term specified above for the purposes of inspection, auditing and copying.
The State shall take reasonable steps to protect from public disclosure any of
the Records which are exempt from disclosure under Section 87 of the Public
Officers Law (the "Statute") provided that: (i) the Contractor shall timely
inform an appropriate State official, in writing, that said records should not
be disclosed; and (ii) said records shall be sufficiently identified; and (iii)
designation of said records as exempt under the Statute is reasonable. Nothing
contained herein shall diminish, or in any way adversely affect, the State's
right to discovery in any pending or future litigation.
11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION:
(a) FEDERAL EMPLOYER IDENTIFICATION NUMBER AND/OR FEDERAL SOCIAL
SECURITY NUMBER.
All invoices or New York State standard vouchers submitted for payment for
the sale of goods or services or the lease of real or personal property to a New
York State agency must include the payee's identification number, i.e., the
seller's or lessor's identification number. The number is either the payee's
Federal employer identification number or Federal social security number, or
both such numbers when the payee has both such numbers. Failure to include this
number or numbers may delay payment. Where the payee does not have such number
or numbers, the payee, on his invoice New York State standard voucher, must give
the reason or reasons why the payee does not have such number or numbers.
(b) PRIVACY NOTIFICATION.
(1) The authority to request the above personal information from a seller
of goods or services or a lessor of real or personal property, and the authority
to maintain such information, is found in Section 5 of the State Tax Law.
Disclosure of this information by the seller or lessor to the State is
mandatory. The principal purpose for which the information is collected is to
enable the State to identify individuals, businesses and others who have been
delinquent in filing tax returns or may have understated their tax liabilities
and to generally identify persons affected by the taxes administered by the
Commissioner of Taxation and Finance. The information will be used for tax
administration purposes and for any other purpose authorized by law.
(2) The personal information is requested by the purchasing unit of the
agency contracting to purchase the goods or services or lease the real or
personal property covered by this contract or lease. The information is
maintained in New York State's Central Accounting System by the Director of
State Accounts, Office of the State Comptroller, AESOB, Xxxxxx, Xxx Xxxx 00000.
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN: In Accordance
with Section 312 of the Executive Law, if this contract is: (i) a written
agreement or purchase order instrument, providing for a total expenditure in
excess of $25,000.00, whereby a contracting agency is committed to expend or
does expend funds in return for labor, services, supplies, equipment, materials
or any combination of the foregoing, to be performed for, or rendered or
furnished to the contracting agency; or (ii) a written agreement in excess of
$100,000.00 whereby a contracting agency is committed to expend or does expend
funds for the acquisition, construction, demolition, replacement, major repair
or renovation of real property and improvements thereon: or (iii) a written
agreement in excess of $100,000.00 whereby the owner of a State assisted housing
project is committed to expend or does expend funds for the acquisition,
construction, demolition, replacement, major repair or renovation of real
property and improvements thereon for such project then:
(a) The contractor will not discriminate against employees or
applicants for employment because of race, creed, color, national
origin, sex, age, disability or marital status, and will undertake
or continue existing programs of affirmative action to ensure that
minority group members and women are afforded equal employment
opportunities without discrimination. Affirmative action shall mean
recruitment, employment, job assignment, promotion, upgradings,
demotion, transfer, layoff, or termination and rates of pay or other
forms of compensation:
(b) at the request of the contracting agency, the Contractor shall
request each employment agency, labor union or authorized
representative of workers with which it has a collective bargaining
or other agreement or understanding, to furnish a written statement
that such employment agency, labor union or representative will not
discriminate on the basis of race, creed, color, national origin,
sex, age, disability or marital status and that such union or
representative will affirmatively cooperate in the implementation of
the contractor's obligations herein: and
2
(c) the Contractor shall state, in all solicitations or
advertisements for employees, that, in the performance of the State
contract, all qualified applicants will be afforded equal employment
opportunities without discrimination because of race, creed, color,
national origin, sex, age, disability or marital status.
Contractor will include the provisions of "a", "b" and "c", above, in
every subcontract over $25,000.00 for the construction, demolition, replacement,
major repair, renovation, planning or design of real property and improvements
thereon (the "Work") except where the Work is for the beneficial use of the
Contractor. Section 312 does not apply to: (i) work, goods or services
unrelated to this contract; or (ii) employment outside New York State; or (iii)
banking services, insurance policies or the sale of securities. The State shall
consider compliance by a contractor or subcontractor with the requirements of
any federal law concerning equal employment opportunity which effectuates the
purpose of his section. The contracting agency shall determine whether the
imposition of the requirements of the provisions hereof duplicate or conflict
with any such federal law and if such duplication or conflict exists, the
contracting agency shall waive the applicability of Section 312 to the extent of
such duplication or conflict. Contractor will comply with all duly promulgated
and lawful rules and regulations of the Governor's Office of Minority and
Women's Business Development pertaining hereto.
13. CONFLICTING TERMS. In the event of a conflict between the terms of the
contract (including any and all attachments thereto and amendments thereof) and
the terms of this Appendix A, the terms of this Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by the laws of the
State of New York except where the Federal supremacy clause requires otherwise.
15. LATE PAYMENT. Timeliness of payment and any interest to be paid to
Contractor for late payment shall be governed by Article XI-A of the State
Finance Law to the extent required by law.
16. NO ARBITRATION. Disputes involving this contract, including the breach
or alleged breach thereof, may not be submitted to binding arbitration (except
where statutorily authorized) but must, instead, be heard in a court of
competent jurisdiction of the State of New York.
17. SERVICE OF PROCESS. In addition to the methods of service allowed by
the State Civil Practice Law & Rules ("CPLR"),Contractor hereby consents to
service of process upon it by registered or certified mail, return receipt
requested. Service hereunder shall be complete upon Contractor's actual receipt
of process or upon the State's receipt of the return thereof by the United
States Postal Service as refused or undeliverable. Contractor must promptly
notify the State, in writing, of each and every change of address to which
service of process can be made. Service by the State to the last known address
shall be sufficient. Contractor will have thirty (30) calendar days after
service hereunder is complete in which to respond.
Appendix B
OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
Participation by Minority Group Members and
Women with Respect to State Contracts
The parties to the attached contract, license, lease, amendment or other
agreement of any kind (hereinafter, "the contract' or this contract") agree to
be bound by the following clauses which are hereby made a part of the contract
(the word "contractor" herein refers to any party other than the State, whether
referred to as contractor, licensor, licensee, lessor, lessee, consultant, grant
recipient, local sponsor or by any other name:
1. Definitions. For purpose of these clauses, the following definitions
shall apply:
(a) "Certified business" shall mean either a business certified as a
minority or women-owned business enterprise pursuant to section 314 of the
Executive Law.
(b) "Minority group member" shall mean a United States citizen or
permanent resident alien who is and can demonstrate membership in one of the
following groups:
(i) Black persons having origins in any of the Black African racial
groups;
(ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,
Central or South American of either Indian or Hispanic origin, regardless
or race;
(iii) Native American or Alaskan native persons having origins in
any of the original peoples of North America;
(iv) Asian and Pacific Islander persons having origins in any of the
origins in any of the Far East countries, South East Asia, the Indian
subcontinent or the Pacific Islands.
(c) "Minority-owned business enterprise" shall mean a business
enterprise, including a sole proprietorship, partnership or corporation that is:
(i) at least fifty-one percent owned by one or more minority
group members;
-1-
(ii) an enterprise in which such minority ownership is real,
substantial and continuing;
(iii) an enterprise in which such minority ownership has and
exercises the authority to control independently the day-to-day
business decisions of the enterprise; and
(iv) an enterprise authorized to do business in this state and
independently owned and operated.
(d) "Women-owned business enterprise" shall mean a business
enterprise; including a sole proprietorship, partnership or corporation that is:
(i) at least fifty-one percent owned by one or more United
States citizens or permanent resident aliens who are women;
(ii) an enterprise in which the ownership interest of such
women is real, substantial and continuing;
(iii) an enterprise in which such women ownership has and
exercises the authority to control independently the day-to-day
business decisions of the enterprise; and
(iv) an enterprise authorized to do business in this state and
independently owned and operated.
2. Directory of Certified Businesses. PARKS shall make copies of the
Directory of Certified Businesses available for inspection at each of its
regional offices and at its Albany office. The contractor may purchase a copy at
the price of fifty-nine dollars for a printed copy and twenty-three dollars for
the Directory on computer diskette from:
Division of Minority and Women-Owned Business Development
New York State Department of Economic Development
00 Xxxxxxxxxx Xxxxxx
Xxxxxx, XX 00000
3. Good Faith Efforts. The contractor is encouraged to employ minority and
women workers and to solicit and obtain the participation of certified minority
and women-owned business enterprises as subcontractors and suppliers on this
contract whether or not goals have been established by the Office for this
contract. The following are suggested actions for the contractor to take this
endeavor:
-2-
(a) Place advertisements in appropriate general circulation, trade
and minority or women-owned publications in a timely fashion.
(b) Make written solicitations to women and minority-owned business
enterprises in a timely fashion and include plans, specifications and
contract terms.
(c) Where reasonable structure the work to be performed under
subcontracts so as to increase the likelihood of participation by
certified businesses.
(d) Offer to M/WBEs subcontract terms and conditions comparable to
those offered subcontractors on the contract.
(e) Make payments to M/WBE subcontractors and suppliers in a timely
fashion.
4. Reports. The contractor shall submit, and shall require subcontractors
to submit, reports showing the participation of all business enterprises on this
contract, including minority and women-owned business enterprises on forms and
at intervals to be established by PARKS. Reports not submitted at such times as
shall be required by PARKS shall be cause for PARKS to delay implementing
scheduled payments to the contractor.
-3-
APPENDIX C
CERTIFICATE OF COMPLIANCE
NON-DISCRIMINATION IN EMPLOYMENT IRELAND
XXXXXXXX FAIR EMPLOYMENT PRINCIPLES
In accordance with section 174-b of the State Finance Law, as enacted by
Chapter 807 of the Laws of 1992, the bidder, by submission of this bid,
certifies that it or any individual or legal entity in which the bidder holds a
10% or greater ownership interest, or any individual or legal entity that holds
a 10% or greater ownership interest in the bidder, either:
(Answer "yes" or "no" to one or both of the following statements as
applicable.)
1. Has business operations in Northern Ireland:
Yes _______ No NO
----
2. If the answer to number one is "yes", shall take lawful steps in good
faith to conduct any business operations it has in Northern Ireland in
accordance with the XxxXxxxx Fair Principles relating to nondiscrimination
in employment and freedom of workplace opportunity regarding such
operations in Northern Ireland, and shall permit independent monitoring of
its compliance with such Principles:
Yes _______ No _______
April 11, 1997 /s/ Xxx Xxxxxxxx
-------------- -----------------------------------
Date Signature
Xxx Xxxxxxxx
-----------------------------------
Print Name
Co-President
-----------------------------------
Title
Attachment D
CERTIFICATE OF COMPLIANCE WITH OMNIBUS PROCUREMENT ACT OF 1992
(Applicable to bids equal to or greater than $1,000,000)
The Concessionaire certifies that:
1. The Concessionaire will document efforts to encourage the participation of
New York State Business Enterprises as suppliers and subcontractors on
this contract, and has retained the documentation of these efforts to be
provided upon request to the State.
2. Documented efforts by the Concessionaire shall consist of and be limited
to showing that the Concessionaire has:
a. Solicited bids, in a timely and adequate manner, from New York State
business enterprises including certified minority and women-owned
businesses, or
b. Contacted the New York State Department of Economic Development to
obtain listing of New York State business enterprises, or
c. Placed notices for subcontractors and suppliers in newspapers,
journals and other trade publications distributed in New York State,
or
d. Participated in bidder outreach conferences.
e. If the Concessionaire determines that New York State business
enterprises are not available to participate on the contract as
subcontractors or suppliers, the Concessionaire shall provide a
statement indicating the method by which such determination was
made.
f. If the Concessionaire does not intend to use subcontractors on the
contract, the Concessionaire shall provide a statement verifying
such intent.
3. The Concessionaire has complied with the Federal Equal Opportunity Act of
1972 (P.L. 92-261), as amended.
4. The Concessionaire agrees to make all reasonable efforts to provide
notification to New York State residents of employment opportunities
arising out of this contract through listing any such positions with the
Community Services Division of the New York State Department of Labor, or
providing such notification in such manner as is consistent with existing
collective bargaining contracts or agreements. The Concessionaire agrees
to document these efforts and provide said documentation to the State upon
request.
April 11, 1997 /s/ Xxx Xxxxxxxx
-------------- -----------------------------------
Date Signature
Xxx Xxxxxxxx
-----------------------------------
Print Name
Co-President
-----------------------------------
Title
