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HomeMy WebLinkAbout2022_01_05 Town Board Meeting Packet0 0 LU Z m F t � FOUNDED 1661 TOWN OF MAMARONECK TOWN BOARD AGENDA Wednesday, January 5, 2022 5:OOPM THE TOWN BOARD WORK SESSION: The Work Session will convene at the Senior Center. Discussion and Authorization- Hommocks Ice Rink Concession Stand Agreement NEXT REGULARLY SCHEDULED MEETING - Wednesday, January 19, 2022 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 1 of 13 LICENSE AGREEMENT AGREEMENT made as of 2022, by and between the Town of Mamaroneck, a municipal corporation, with offices at the Town Center, 740 West Boston Post Road, Mamaroneck, New York ("Licensor") and Strada Food LLC, with offices at 49 Blueberry Ridge Road, Holtsville, New York 11742 ("Licensee") WHEREAS, the Licensor desires to grant the Licensee a license to operate a concession to serve visitors to the Hommocks Pool and the Hommocks Ice Rink, and WHEREAS, the Licensee is willing to run a concession for the sale of fast food, snacks, refreshments and articles of clothing such as T-shirts, sweatshirts, hoodies, caps, hats, socks and seasonal merchandise to visitors to the Hommocks Pool and the Hommocks Ice Rink. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to the following: 1. The Licensor grants a License to the Licensee to operate the concession stand located at the Hommocks Ice Rink for the sale of fast food, refreshments, soft drinks and snack foods to visitors to the Hommocks Pool and the Hommocks Ice Rink pursuant to the terms of this License Agreement. Products containing cannabis, alcohol or tobacco for consumption, or products used for vaping shall not be among the items sold by the Licensee either over the counter or through vending machines. Nor shall the Licensee sell lottery tickets or other games of chance either over the counter or through vending machines. 2. This License shall commence on 2025. 2022 and terminate 3. (a) The Licensee shall pay the Licensor the license fee a base license fee per the following schedule: Term '2022- 2023 -1- License Fee $24,000.00, payable in twelve installments of $2,000.00 each Page 2 of 13 '2023— 2024 , 2024 — 2025 $26,400.00, payable in twelve installments of $2,200.00 each $29,040.00, payable in twelve installments of $2,420.00 each, plus, an amount equal to ten (10%) percent of the gross sales received by the Licensee from the sale of articles of clothing and miscellaneous, inedible items. The Licensee shall generate sales reports of the sales of such items quarterly and deliver those reports together with the amount to which the Licensor is entitled on January 1, April 1, July 1 and October 1 of each year that this License Agreement is in effect. (b) Each installment of the base license fee shall be paid on the day of the month. If any license fee is received more than five (5) days after the day on which it is due, the Licensee shall pay a late charge equal to five (5%) percent of the unpaid amount. (c) At the end of the term, the Town, at its sole discretion, may offer the Licensee two one- year extensions of this license under terms and conditions to be agreed upon by the parties. 4. (a) The hours of operation of the Hommocks Pool and the Hommocks Ice Rink and the dates when each is open are determined by the Licensor's Superintendent of Recreation (or designee) and are subject to change. Unless altered by the Licensor's Superintendent of Recreation (or designee), at a minimum, the Licensee shall provide service on the dates and during the times shown on Schedule "C". The Licensee also shall provide service on all other dates and at all other times deemed appropriate by the Licensor's Superintendent of Recreation (or designee). (b) The Licensee must be on site at least one-half hour prior to opening time. The Licensee must be ready to serve customers at the designated opening times. The concession stand must remain open as long as the Hommocks Pool or the Hommocks Ice Rink is open for public sessions and may be closed only when the Superintendent of Recreation (or designee) informs the Licensee that a public session has ended or that the facilities are closed. (c) The Licensee shall provide tables and chairs, umbrellas for the food service area, equipment necessary for efficient and practical operation, refreshment vending machines in the Hommocks Ice Rink, and may provide a mobile food service cart. -2- Page 3 of 13 5. (a) The Licensee shall keep the tables and the floor in the food service area clean and free of debris and refuse. At least four (4) times daily, the Licensee shall (i) remove debris and trash from the entire food service area of the Hommocks Ice Rink, the area around the Hommocks Pool, and any areas where the Licensee places a mobile food cart, (ii) bag and bind all collected debris and trash as well as the garbage placed in the receptacles and (iii) place all of the aforementioned refuse in dumpsters provided by the Licensor. (b) The Licensee shall take all appropriate measures to control the conduct of patrons of the concession and shall notify the rink manager on duty to remove patrons whose conduct is inappropriate. Under no circumstances, however, shall persons working for the Licensee intentionally make physical contact with any person in the Hommocks Pool and the Hommocks Ice Rink. 6. The Licensee shall obtain the Licensor's approval for the Licensee's menu and pricing. The Licensee shall exercise the exclusive authority to designate the type and product line of vending machines and beverages but shall not enter into agreements with companies supplying vending machines unless the Licensor approves the terms and conditions determined by the Licensor. 7. The Licensee shall bear any and all advertising expenses. 8. The Licensee is aware of the standards of operation required by the Licensor and shall comply with them. Additionally, the Licensee shall comply with all requirements of the State of New York and County of Westchester, particularly the Westchester County Sanitary Code, with respect to the operation of food service establishments. At the Licensee's sole expense, the Licensee's president shall enroll in and complete whatever courses are necessary to obtain the licenses or certificates required by the Westchester County Department of Health for the operation of a food service establishment. 9. The Licensor shall be entitled to enter the area under the Licensee's control for the purposes of inspecting the Licensee's operation. 10. (a) The Licensee's failure to comply with the applicable health code regulations shall be deemed a default under this License Agreement. (b) The Licensee shall forward to the Licensor copies of all notices of health code violations -3- Page 4 of 13 issued to it within twenty-four (24) hours of their receipt. If the Licensee fails to correct the violation by the time specified for correction by such notice, then in addition to any other remedies it may have, the Licensor may demand that the Licensee cease operations and the Licensee shall cease operations immediately upon receipt of written notice to do so from the Licensor. 11. The Licensee shall keep books of accounts and records of all operations and establish a system of bookkeeping and accounts in a manner considered to be good accounting practice according to the American Institute of Certified Public Accountants and satisfactory to the Superintendent of Recreation and shall permit inspection of such books and records by the Licensor as often as deemed necessary by the Superintendent of Recreation. The Licensee shall submit at the end of each year a certified, audited annual report of its operations. Moreover, the Licensee shall submit copies of its quarterly New York State Sales Tax Returns. 12. (a) The Licensee shall not grant any other party the use of the Concession Area. (b) The Licensee shall have the exclusive right, and the obligation, to cater functions for which the Hommocks Pool and the Hommocks Ice Rink have been rented by the Licensor to persons, organizations or groups that wish food service as part of their function. The Licensor shall advise such renters of the Licensee's exclusive right to cater their event. Notwithstanding that exclusive right, persons attending such a function may bring cake or cupcakes that are not purchased from the Licensee. (c) Annually, the Licensor may use the services of other persons or entities to cater up to four (4) functions at the Hommocks Ice Rink or Hommocks Pool. 13. The Licensee shall not conduct any business which is not legally permitted to be conducted in the Concession Area. Such use constitutes a default under this License Agreement. 14. The Licensee shall provide the Licensor with a certificate of insurance as outlined in "Schedule A" holding harmless, indemnifying and defending the Licensor its officers, agents, volunteers and employees from any and all claims arising directly or indirectly from the operation of the concession business and stand. Such insurance shall not be less than one million ($1,000,000.00) dollars of general liability, broad form insurance which shall provide for a sixty (60) day notice of cancellation and which shall specifically include coverage for products liability, Page 5 of 13 negligence, public liability insurance and shall name the Licensor as co-insured. The first certificate shall be delivered to the Superintendent of Recreation before the Licensee commences operations. Certificates providing insurance for later periods shall be delivered to the Superintendent of Recreation before the insurance expires. 15. The Licensee shall provide to the Superintendent of Recreation certificates of insurance indicating that the Licensee has Workers' Compensation Insurance. The first certificate shall be delivered to the Superintendent of Recreation before the Licensee commences operations. Certificates providing insurance for later periods shall be delivered to the Superintendent of Recreation before the insurance expires. 16. The Licensee shall furnish the Town with a security deposit bond in a form that is acceptable to the Attorney for the Town in the penal sum of one thousand dollars ($1,000 in the form of a bank account assigned to the Town of Mamaroneck or cash or equivalent security, as security for faithful performance and non -negligent performance of the agreement. It will remain with the Town for the term of the license agreement. 17. This License is personal to Licensee. The Licensee may not assign its rights or obligation under this License Agreement to any other person, partnership, limited liability company or corporation. 18. The Licensee will accept the concession area and its equipment "as is" in their present condition. The Licensee shall, at its own expense, make such repairs or improvements necessary to maintain those areas of the rink/pool complex used by the concessionaire and shall be responsible for the daily maintenance and upkeep. The Licensee will not make alterations, additions or improvements to the facility without prior written consent of the Superintendent of Recreation. All alterations, additions and improvements whether temporary or permanent in character, shall be deemed the property of the Licensor and shall remain upon the premises at the termination of this License Agreement. All alterations and additions must comply with all state and local building codes and regulations. The Licensee will not be responsible for major structural repairs to roofs, exterior walls, heating or plumbing. The Licensee shall be responsible for the repair and maintenance of all Town owned equipment during the terms of the license. -5- Page 6 of 13 19. The Licensee at its sole cost and expense, shall supply, maintain and replace all equipment required for the proper operation of the concession including bi-annual inspection of Ansul Fire suppression and Exhaust systems. All equipment shall comply with all applicable fire, electrical and safety codes. All equipment must meet or exceed Department of Health regulations and must be of commercial quality. 20. This License Agreement may be terminated by the Licensee for any reason or no reason, prior to expiration on 6 months written notice to the Licensor. If the Licensee terminates, vacates or abandons the Concession Area without providing the Licensor 6 months written notice, the Licensee shall be responsible to Licensor for 6 months Base License Fee. The Licensor, upon thirty (30) days written notice, may terminate this License Agreement if it deems that the Licensee is failing to fulfill its obligations under this License Agreement or to provide adequate service. 21. All existing fixtures and appliances as listed on Schedule B shall remain the property of the Licensor. 22. This License Agreement does not constitute a joint venture. The Licensee shall remain solely liable for any damages arising out of its or its agent's or employees' conduct. 23. The Licensor shall pay for all water charges. The Licensee shall reimburse the Licensor for electric and gas charges based upon the established monthly utility surcharge of $300. The Licensor will review the surcharge annually. The utility surcharge will be adjusted in January of each year by the percentage increase in the consumer price index for all urban consumers in New York, Northern New Jersey and Long Island category as published by the United States Department of Labor. The adjustment shall be equal to the percentage increase in consumer price index for the one (1) year period January 1st through December 31sT 24. The Licensee will comply with all the requirements of the Board of Health, Municipal and State Authorities and Police and Fire Departments and the Federal Government and any and all of their departments and bureaus applicable to the Concession Area and shall obtain at its own cost and expense all required licenses and permits, and will not create or permit any nuisance in the Concession Area hereby licensed to the annoyance of neighboring occupants. Furthermore, the -6- Page 7 of 13 Licensee shall abide by any and all Federal, State and Local laws with respect to equal opportunity in employment and accessibility. 25. Notices pursuant to this Agreement shall be served in writing by certified mail, return receipt requested, at the addresses indicated above. 26. The Licensee shall not place any sign or advertisement upon any property of the Town without written approval by the Superintendent of Recreation. 27. The Licensee shall pay all applicable taxes and comply with all Federal and State income tax regulations. 28. The Licensee will not assign, mortgage or pledge its rights or obligations under this License Agreement. 29. The Licensee shall not permit the Concession Area to be occupied or used for any business deemed extra hazardous on account of fire or otherwise. If the Licensee breaches this covenant, then in addition to any other remedies it may have, the Licensor may demand that the Licensee cease operations and the Licensee shall cease operations immediately upon receipt of written notice to do so from the Licensor. 30. At the expiration of this License Agreement, the Licensee will quit and surrender the Concession Area in good condition, subject to reasonable wear and tear. 31. The Licensor shall be exempt from any and all liability for damages or injury to person or property caused by or resulting from the Licensee's negligence and the Licensee shall keep, hold harmless and defend the Licensor from all liability arising out of the Licensee's negligence. 32. The Licensee will not, nor will the Licensee permit other persons, to do anything in the Hommocks Ice Rink, or bring anything into the Hommocks Ice Rink that will increase the premium for of fire insurance. 33. (a) The Licensee must give the Licensor prompt notice of fire, accident, damage or dangerous or defective condition. (b) If fire or other casualty is caused by an act or neglect of the Licensee or its employees, all repairs to the Hommocks Ice Rink will be made at Licensee's expense. -7- Page 8 of 13 34. The Licensor has the right to demolish or rebuild the Hommocks Ice Rink if there is substantial damage by fire or other casualty. The Licensor may cancel this License Agreement after substantial fire or casualty by giving the Licensee written notice of the Licensor's intention to demolish or rebuild. This License Agreement will terminate thirty (30) days after the Licensor's cancellation notice to the Licensee. The Licensee must surrender the Concession Area to the Licensor on or before the cancellation date in the notice. If the License is canceled, the Licensor is not required to repair the Concession Area or the Hommocks Ice Rink. Cancellation will not release the Licensee of liability in connection with the fire or casualty. 35. The Licensor shall have the right to enter in and upon said Concession Area at all reasonable hours of the day during said License to ascertain if said Concession Area is kept in proper repair and condition. 36. The Licensor shall permit visitors to bring food, or non-alcoholic beverages into the Hommocks Outdoor Pool Complex in a small personal -sized cooler designed to be carried by hand or in a handbag. The Licensor shall prohibit all outside food and beverages to be brought into the Hommocks Park Ice Rink. 37. If the Licensee defaults in the performance of any term, condition or covenant herein contained, the Licensor, at its option and in addition to any right it might have to seek damages, injunctive relief or any other lawful remedy may terminate this License Agreement upon forty-eight (48) hours written notice to the Licensee. The notice of termination will be deemed withdrawn if the default is cured prior to the date of termination. In the event of such termination, the Licensor may take custody of any use of any property of the Licensee located in the Concession Area on the date of termination. 38. The Licensee waives all rights to redeem under any law of the State of New York, if it is found such rights exist by a court of competent jurisdiction. 39. The Licensee shall and will keep the Concession Area in good order and repair during the term of this License Agreement and upon failure to do so, the Licensor may perform all repairs which may be necessary in and about the Concession Area. The Licensee shall reimburse the Licensor for the cost and expense of such repairs. -8- Page 9 of 13 40. The failure of the Licensor to insist upon strict performance of any of the terns, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Licensor may have, and shall not be deemed a waiver of any subsequent breach or default in terms, conditions and covenants herein contained. 41. This Agreement constitutes the entire understanding between the parties hereto and may only be changed by a writing signed between the parties hereto. IN WITNESS WHEREOF, the parties hereto have signed their names on the date first written above. -9- Town of Mamaroneck By: Meredith S. Robson, Town Administrator Strada Food LLC am John DeMairo, Member Page 10 of 13 Schedule "A" INSURANCE SCHEDULE The successful bidder shall supply and maintain insurance which defends, indemnifies and holds harmless the Town of Mamaroneck, its officers, employees and agents from and against any and all liability, damage claims, demands, costs, judgments, fees, attorney's fees or loss arising directly out of acts or omissions hereunder by the contractor or third party under the direction or control of the contractor. The successful bidder must furnish the Town with Certificate of Insurance and the Endorsement prior to commencement of work. The required coverage shall not be less than the following: 1. Workers Compensation and Employers Liability Insurance, New York State Disability and Unemployment Insurance in accordance with the laws of the State of New York. 2. Commercial General Liability Insurance General Liability $1,000,000/each occurrence and $2,000,000 Aggregate limits Automobile Liability $1,000,000 Contractual Liability Must be printed on certificate Fire Damage $100,000 Medical Expense $5,000 INSURANCE CERTIFICATES SHALL NAME THE TOWN OF MAMARONECK, AS ADDITIONAL INSURED AND SHALL STATE THAT ALL COVERAGE SHALL BE PRIMARY TO ANY OTHER INSURANCE COVERAGE HELD BY THE TOWN. The Town of Mamaroneck is named as additional insured for all general and excess liability coverage based on the contractual liability of the named insured. Such general and excess liability coverage shall be primary to any other coverage carried by the Town of Mamaroneck with respects to acts or omissions of the named insured. It is intended by the parties hereto that the general and excess liability insurance provided by the concessionaire shall be primary to any other coverage carried by the Town of Mamaroneck with respect to liability coverage arising out of any act or omissions by the concessionaire. The Town of Mamaroneck will be named as an additional insured. Nothing contained herein shall be construed as making said general and excess liability insurance primary insurance for acts or omissions of the Town of Mamaroneck. Cancellation: All policies must be endorsed with a provision that the policies will not be cancelled or materially changed without sixty (60) days advance written notice. All insurance policies are required to be written on an occurrence basis and shall be maintained for the life of the contract. -10- Page 11 of 13 Schedule "B" CURRENT TOWN OWNED EQUIPMENT • 1 x True Manufacturing Co. Freezer • 1 x True Manufacturing Co. Refrigerator • 1 x Southbend S Series Range • 1 x Vulcan LG Series Gas Fryer • 1 x Vollrath Cayenne Charbroiler • 1 x Hoshizaki Self -Contained Crescent Cuber • 1 x Advance Tabco Dish Cabinet • ANSUL Fire Suppressing System -11- Page 12 of 13 Schedule "C" HOURS AND DAYS OF OPERATION The Hommocks Park Ice Rink is generally open weekdays from 1:00pm to 11:00pm and 7:00am to 11:00pm on Saturday, Sunday and holidays, October 1 to mid-April. See schedule below. Additional concession hours available during skating lessons, program clinics, hockey games and birthday parties. Hommocks Pool Summer Hours: The Hommocks Pool is generally open for public swim weekdays Noon to 7:30pm, weekends 10:00am to 7:30pm mid-June to Labor Day. Rink Daily Public Skating Schedule October 2nd, 2021 to April 3,d,2022 *Saturday and Sund ay public skating sessions end at Spm Octo Mondays 12:30 pm - 2:30 pm Tuesdays 1:00 pm - 5:15 pm Thursdays 1:00 pm - 5:15 pm Fridays 1:00 pm - 5:15 pm February 21 — February 7:30 pm - 9:30 pm Saturdays 1:00 pm - 4:00 pm* Sundays 11:30 am - 4:00 pm* ber 2nd thru October 31s' Rink Daily Public Skating Schedule April 5 — June 12, 2022 Tuesdays thru April 26t' 1:00 to 5:15pm Thursdays thru April 28t' 1:00 to 5:15pm Fridays thru June 10' 1:00 to 5:15pm Sundays thru June 12t' 11:30 am to 4:00 pm *** * * * Sundays in May and June HOLIDAY SKATING SCHEDULE: The Rink will operate a public session from 11:30 am to 5:15 pm daily on all school holidays listed. RINK CLOSED: Thanksgiving, Christmas, and Easter. **Except Wednesday November 241h, 1:00-5:15pm Columbus Day October 11 Veteran's Day November 11 **Wednesday Before Thanksgiving Day November 24 Friday After Thanksgiving Day November 26 Christmas December 23 — 31 Martin Luther King Day January 17 February 21 — February Mid -Winter Recess 25 -12- Page 13 of 13