RFP 2016-02 Naming

Rights for the City of

Watertown Municipal
Arena
Responses due no later than:
September 30, 2016

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

Request for Proposal

Scope of the Project
The City of Watertown, New York, hereafter known as the City, is seeking proposals for
Naming Rights for the City of Watertown Municipal Arena as per the attached proposal
specifications.
The Contract period will commence immediately upon award and end on June 30, 2021.
PURPOSE
1.1 The City of Watertown is seeking proposals for Naming Rights for the City of Watertown
Municipal Arena as requested by the City of Watertown City Manager.
1.2 The City of Watertown Municipal Arena has operated since 1974-1975. The City of
Watertown Municipal Arena has recently gone through a complete renovation, upgrading the ice
sheet, seating, and the general supporting facilities. The City of Watertown Municipal Arena has
a seating capacity of 3,500.
1.3 As a multi-purpose facility, the City of Watertown Municipal Arena has hosted a variety of
events, including concerts, home shows and sporting events.
1.4 The City of Watertown Municipal Arena is home to a Professional Hockey team known as
the Watertown Wolves, High School and Minor League Hockey, as well as local Figure Skating
Competitions. The City of Watertown Municipal Arena has also hosted musical concerts, the
circus, wrestling, MMA and Roller Derbies. The City of Watertown Municipal Arena is a
genuine multi-functional community facility.
1.5. A PRE-PROPOSAL CONFERENCE WILL BE HELD on Thursday, August 11, 2016
at 10:00 A.M., at the City Municipal Arena Party Room, located at 600 W.T. Field Drive,
Watertown, NY 13601. This will be the only scheduled conference. Proposers interested in
submitting Proposals are strongly urged to attend.

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.

QUALIFICATION AND REQUIREMENTS OF PROPOSER:

Provide a statement of Proposer qualifications including:
3.1 Provide the name, a brief history and description of your firm. Include your firms most
recent annual report, if available.
3.2 Identify your firms staff member who would be working with and coordinating marketing
and advertising activities with the City of Watertown during the term of this contract.
3.3 Name and title of person(s) authorized to bind the Proposer, together with the main office
address, and telephone number (including area code).
3.4 Document your firms ability to provide the financial sponsorship and elaborate on any
additional skills that will make the sponsorship relationship a success.
3.5 Proposers shall submit any details of similar projects including name, addresses and
telephone numbers.
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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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highways, if desired. The City of Watertown makes no representations concerning requirements

of such work.
4.3 Sponsors name shall appear on all printed materials (letterhead, fax documents, business
cards, brochures, etc.), press releases, radio and television advertising, all billboard advertising,
and computer printed event tickets. The cost for artwork, production, and installation costs of the
sign faces and printed materials shall be the responsibility of the awarded Proposer.
4.4 The Proposal shall include compensation in a minimum annual sum of $50,000.00 for the
naming rights and benefits as described herein.
4.5 Proposers are encouraged to offer and shall describe additional promotional advertising
opportunities that may include additional revenue or marketing benefits, which support arena
attendance or arena attendees.
4.6 Proposers shall address their marketing and public relations program to promote the new
facility name locally, regionally and nationally.
4.7 Proposers shall state their objectives and strategy to introduce build and increase awareness
of the facilitys new name.
4.8 Proposers shall describe any programs that they believe will create excitement, enthusiasm
and promote goodwill by reaching out to the local and regional community.
4.9 The City reserves the right to sell or lease all or a portion of the facility during the term of
this agreement.

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 -

Resumes of professional staff members who may be involved in the

City engagement must be included in this section.

The References section must include references from any similar

type projects.

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

Total proposed compensation

50%

Proposers demonstrated capabilities, financial stability

20%

The proposed plan for assisting in the expansion of the Arenas

revenue base, increase its profile, and make it a more successful
enterprise

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.

MODIFICATION AND WITHDRAWAL OF PROPOSALS:

12.1 Proposals may be modified or withdrawn at any time prior to the opening of Proposals by
an appropriate document duly executed (in the manner that a Proposal must be executed) and
delivered to the place where Proposals are to be submitted.
12.2 If within twenty-four (24) hours after the Proposals are opened, any Proposer files a duly
signed written notice with the City and promptly thereafter demonstrates to the reasonable
satisfaction of the City that there was a material and substantial mistake in the preparation of its
Proposal, that Proposer may withdraw its Proposal and the Proposal Security will be returned.
Thereafter, that Proposer will be disqualified from making a further or additional proposal on the
work contemplated by this RFP.
12.3 Each proposal shall state that it is a irrevocable offer for a period of ninety (90) days from
the Proposal opening date. After expiration of the irrevocable offer period, if no contract award
has been made, a Proposal may be withdrawn if the Proposer does so in writing directed to the
City Purchasing Manager; otherwise, Proposals remain in effect consistent with the terms of this
RFP.

PROPOSAL SECURITY:
13.1 No proposal security is requested for this Proposal.
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INSURANCE AND SECURITY REQUIREMENTS:

14.1 The successful Proposer will be required to procure and maintain at its own expense, the
insurance coverage as noted in the section titled Insurance and Bonds Required.
14.2 Each policy of insurance required shall be of form and content satisfactory to the City of
Watertown Attorney:
(a) The City of Watertown shall be named as an additional insured on all liability
policies. Proposal number must appear on insurance certificate.
(b) The policy shall not be changed or canceled until the expiration of thirty (30) days
after written notice to the City of Watertown. It shall be automatically renewed upon
expiration and continued in force unless the City of Watertown is given at least thirty
(30) days written notice to the contrary.
14.3 No work shall be commenced under the contract until the successful Proposer has
delivered to the City Purchasing Manager or her designee proof of issuance of all policies
of insurance required by the Contract to be procured by the successful Proposer. If at any
time, any of said policies shall expire or become unsatisfactory to the City, the successful
Proposer shall promptly obtain a new policy and submit proof of insurance of the same to
the City for approval. Upon failure of the successful Proposer to furnish, deliver and
maintain such insurance as above provided, the contract may, at the election of the City,
be forthwith declared suspended, discontinued or terminated. Failure of the successful
Proposer to procure and maintain any required insurance, shall not relieve the successful
Proposer from any liability under the contract, nor shall the insurance requirements be
construed to conflict with the obligations of the successful Proposer concerning
indemnification.

REMEDY FOR BREACH:

15.1 In the event of a breach by the Proposer, the Proposer shall pay to the City all direct and
consequential damages caused by such breach, including, but not limited to, all sums
expended by the City to procure a substitute contract, together with the Citys costs incurred
in procuring a substitute contractor including a reduction of revenue in a substitute contract.
The foregoing remedies are in addition to and not in lieu or limitation of any other rights or
remedies with the City may have, at law or in equity.
15.2 The resulting agreement will contain language that the contract is performable in Jefferson
County, New York and shall be construed in accordance with the laws of the State of New
York. If any legal action is brought in connection with the enforcement of the contract,
exclusive venue shall lie in Jefferson County, New York.

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FREEDOM OF INFORMATION LAW:

16.1 Confidential, trade secret or proprietary materials as defined by the laws of the State of New
York must be clearly marked and identified as such upon submission. Proposers intending
to seek an exemption from disclosure of these materials under the Freedom of Information
Law (New York State Public Officers Law, Sections 84-90) must request the exemption in
writing, at the time of the submission of the materials, setting forth the reason for the
claimed exemption. In addition, the proposer must mark each page of its submission on
which there appears any material claimed to be protected as confidential or proprietary with
the following legend, in bold face, capital letters at the top of each page: THE PROPOSER
BELIEVES THAT THIS INFORMATION IS PROTECTED FORM DISCLSOURE
UNDER THE NEW YORK STATE FREEDEOM OF INFORMATION LAW.
Acceptance of the claimed materials does not constitute a determination on the exemption
request, which determination will be made in accordance with statutory procedures.

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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SECTION 20: TERMINATION:

19.1 The City shall have the right to terminate the Agreement for breach or default, by written
notice of such termination provided to the Proposer by the City. The City shall have the
right to terminate the Agreement for any reason, upon 180 days written notice of such
termination provided to the Proposer by the City. In the event of such termination of this
Agreement, the Parties shall be entitled to or liable for, on a pro-rata basis, any respective
revenue, cost or benefit under the Agreement.

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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 _________________________________

ACKNOWLEDGEMENT OF TERMS AND CONDITIONS

The City of Watertown reserves the right to award bids by total (aggregate), group (subcategory) or
individual (line-by-line), whichever is in the best interest of City of Watertown.
By signing below and submitting this bid for consideration by the City of Watertown, the bidder
acknowledger that he/she has read, understood and agreed to all aspects of the General and Special
Specifications, Instructions and Conditions, and all appendices and the Bidder Response Form as presented
without reservation or alteration. The Bidder, Bidder affiliates and any other agency that intercedes on the
Bidders behalf also agrees to hold the City of Watertown harmless and not responsible for any hardship that
can or potentially could be caused and subsequently impacts the bidder as a result of this bid.

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

Compliance to Law Requirements

In accordance with the provisions of Section 103-A of the General Municipal Law, it is understood and
agreed that upon refusal of a person called upon before a Grand Jury to testify concerning any
transactions or contracts had with the State, or an political subdivision thereof, a public authority or any
public department, agency or officer of the State or of any political subdivision thereof or of a public
authority, to sign a waiver of immunity against any subsequent criminal, prosecution or to answer any
relative question concerning such transaction or contract:
(a) Such person, and any firm, partnership or corporation of which he is a member, partner, director
or officer shall be disqualified from thereafter selling to or submitting bids or receiving awards
from or entering into any contract with any municipal corporation or fire district, or any public
department, agency or official thereof, for goods, work or services for a period of five (5) years
after such refusal, and to provide that:
(b) Any and all contracts made with any municipal corporation or any public department, agency or
official thereof on or after the first day of July, 1959 or with any fire district or any agency or
official thereof, on or after the first day of September, 1960, by such person, any by any firm,
partnership, or corporation of which he is a member, partner, director or officer may be cancelled
or terminated by the municipal corporation or fire district without incurring any penalty or
damage on account of such cancellation or termination but any monies owing by the municipal
corporation of fire district for goods, delivered or work done prior to the cancellation or
termination shall be paid.
Section 103-d Statement of non-collusion in bids and proposals to political subdivision of the state:
(a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies,
and in the case of a joint bid each party thereto certifies as to its own organization, under penalty
of perjury, that to the best of knowledge and belief:
(1) The prices in this bid have been arrived at independently without collusion,
consultation, communication, or agreement, for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with any
competitor
(2) Unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior to opening, directly or indirectly, to any other bidder or to any
competitor; and
(3) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit or not to submit a bid for the purpose of
restricting competition.
The person signing this bid or proposal certifies that he had fully informed himself regarding the accuracy
of the statement contained in the certification, and under the penalties of perjury, affirms the truth thereof,
such penalties being applicable to the bidder as well as to the person signing in its behalf;
That attached hereto (if a corporate bidder) is a certified copy of the resolution authorizing the execution
of this certificate by the signator of this bid or proposal in behalf of the corporate bidder.

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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.

Resolved that ___________________________________________________ be authorized to sign and

submit the bid or proposal of this corporation for the following project:

_____________________________________________________________________________________
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.

Please sign here

_____________________________________________

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.

I, ___________________________________________, being duly sworn, deposes and says that he/she

is the ______________________________________________________ of the
__________________________________ Corporation and that neither the Bidder/Contractor nor any
proposed subcontractor is identified on the Prohibited Entities List.
Please sign here

_____________________________________________
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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NAMING RIGHTS AGREEMENT

This Naming Rights AGREEMENT, is made as of the ___ day of ____, ____, by and between
__________. (hereinafter referred to as "________" or as "Sponsor"), a corporation authorized to
do business in the State of New York and located at ____________; and THE CITY OF
WATERTOWN (hereinafter referred to as the "CITY"), a municipal corporation of the State of
New York and located at the City Hall, 245 Washington Street, Watertown, NY 13601.

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.

Article 10. Indemnification

10.1 __________ shall defend, indemnify and save harmless the CITY and their respective
partners, directors, officers, employees and agents, from and against all claims, damages,
losses and expenses (including, without limitation, reasonable attorneys' fees) arising out
of, or in consequence of, any negligence, products liability, strict liability, or intentional
act or omission of __________, its employees or agents, or any material breach of this
AGREEMENT by __________ to the extent of its or their responsibility for such claims,
damages, losses and expenses.
Article 11. Insurance
11.1 ________ agrees to procure and maintain without additional expense to the CITY
insurance of the kinds and in the amounts provided under Schedule "A" attached hereto.
Before commencing services, __________ shall furnish to the CITY, a certificate(s)
showing that the requirements of this Article are met. The certificate(s) shall provide that
the policy shall not be changed or canceled until thirty (30) days prior written notice has
been given to the CITY, and shall name the CITY OF WATERTOWN as additional
insured.
Article 12. Schedule
12.1 __________ shall complete its obligations as provided for in this AGREEMENT in a
timely manner to protect the interests and rights of the CITY to the fullest extent
reasonably possible.
Article 13. Conflict of Interest
13.1 __________ hereby warrants that it has no conflict of interest with respect to the services to be
performed hereunder. If any conflict or potential conflict of interest arises in the future,
__________ shall promptly notify the CITY.
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Article 14. Non-Discrimination

14.1 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 nondiscrimination
provisions. __________ 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 person who is qualified and available to perform the services; or (b) discriminate
against or intimidate any employee hired for the performance of services under this
AGREEMENT.
Article 15. Partial Invalidity
15.1 If any term, part, provision, section, subdivision, or paragraph of this AGREEMENT
shall be held to be unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to invalidate the remaining terms, parts, provisions,
sections, subdivisions, or paragraphs thereof.
Article 16. Modifications
16.1 This AGREEMENT may only be modified by a formal written amendment executed by
the CITY.
Article 17. Dissolution
17.1 In the event of dissolution of __________ as a corporation during the term of this
AGREEMENT, __________ shall give thirty (30) days advance notice in writing to the
CITY of any such dissolution.
Article 18. Licenses
18.1 __________ shall at all times obtain and maintain all licenses required by New York
State to perform the services required under this AGREEMENT.
Article 19. Notices
19.1 All notices and documents required to be given to the CITY pursuant to this
AGREEMENT shall be given by regular mail to:
Sharon Addison, City Manager
City of Watertown
245 Washington Street
Watertown, NY 13601
19.2 All notices and documents required to be given to __________ pursuant to this
AGREEMENT shall be given by regular mail to:
Name, Title
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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.

Article 22. Certain Remedies On Default

22.1 Upon the occurrence of a __________ default as defined in Section 21.1 (A) herein, and
at any time thereafter during the continuance of such default, the CITY shall have the
right at any time to terminate this AGREEMENT. Further, this AGREEMENT shall
continue in effect for the term of the contract only so long as each provision concerning
__________ contained in this AGREEMENT is strictly and promptly complied with.
22.2 The foregoing remedies are in addition to and not in lieu or limitation of any other rights
or remedies which the CITY may have, at law or in equity, including the costs of
procuring a substitute Sponsor, and any resultant loss of revenue upon substitution.
22.3. In the event this AGREEMENT is terminated, the Naming Rights granted in Article 3.1
hereof shall be null and void.
Article 23. Integration Clause
23.1 This AGREEMENT constitutes the entire understanding of the PARTIES to it and the
PARTIES agree that there are no understandings, representations or warranties, either
express or implied, whether written or oral, made by either PARTY except as may be
expressly set forth herein.

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Article 24. Document Incorporation and Order of Precedence

24.1 This AGREEMENT consists of:
a. The body of this AGREEMENT (i.e., that portion preceding the signature of the
PARTIES in execution) and any amendments; and
b. The following Documents which are incorporated by reference into this
AGREEMENT: the Request for Proposals, dated ______; the __________
Proposal. dated _______, and Clarification, dated _______; Recommendation to
the City of Watertown City Council from the City Manager Resolution Number
___ of the City of Watertown City Council, adopted ______; and
c. Appendix A, the list of Signages and other materials necessary to accomplish the
name change, as provided by the CITY and
d. Schedule "A", the List of Insurance Requirements
24.2. In the event of any inconsistency in or conflict among the document elements of this
AGREEMENT identified in this paragraph, such inconsistency or conflict shall be
resolved by giving precedence to the document elements in the following order:
a. First, amendments to the body of the AGREEMENT;
c. Second, the body of the AGREEMENT, including Appendix (signage list) and
Schedule "A"(Insurance Requirements);
e. Fourth, the RFP;
f. Fifth, the Letters of Clarification; and
f. Sixth, the Proposal.

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:______________________________

Sharon Addison, City Manager

City of Watertown

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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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Workers Compensation (WC) Insurance and Disability Benefits (DB) Insurance

[ x ] If this box is checked, the Contractor shall take out and maintain during the life of this Agreement, Workers
Compensation (WC) Insurance and Disability Benefits (DB) Insurance, for all of its employees employed at the site
of the project, and shall provide to the City of Watertown Certificates of Insurance evidencing this coverage. If the
Vendor is not required to carry such insurance, the Vendor must submit form CE-200 attesting to the fact
that it is not required to do so.
WORKERS' COMPENSATION REQUIREMENTS: To assist the State of New York and municipal entities in
enforcing WCL Section 57, a business entity (the Vendor) seeking to enter into contracts 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 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

OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE:

1.
2.

Coverage shall be written on Commercial General Liability form.

Coverage shall include:
A. Contractual Liability, covering indemnification
B. Independent Contractors and Sub-Contractors
C. Products and Completed Operations
D. Premises and Operations
E. Broad Form Property Damage
F. Explosion, collapse and underground
G. Personal injury with employment exclusion
H. Personal injury with contractual exclusion
I. Coverage will be included for NYS Labor Law
J. The insurance carrier shall have an A.M. Best rating of A - or better as determined by the most recent
A.M. Best Publication.

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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UMBRELLA EXCESS LIABILITY INSURANCE

[ ] If this box is checked, Umbrella Excess Liability Insurance in the amount of $5,000.000.00 each occurrence,
$5,000,000.00 aggregate shall be provided by the Vendor.
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE
[ ] If this box is checked, Owners and Contractors Protective (OCP) Liability coverage naming the City of
Watertown as the named insured, with limits of insurance of not less than that provided by the Contractors
Commercial general liability coverage.
EMPLOYERS LIABILITY INSURANCE
[ ] If this box is checked, Employers Liability (EL) with limits of insurance of not less than $500,000 each
accident for bodily injury by accident and $500,000 each employee for injury by disease. The policy shall include an
All States coverage endorsement. Where applicable, the U.S. Longshore and Harbor workers Compensation Act
Endorsement shall be attached to the policy. Where applicable, the Maritime Coverage Endorsement shall be
attached to the policy. Where applicable, the Stop Gap Endorsement shall be attached to the policy.
No Labor Law Exclusion shall be allowed on any General Liability Policy.
BUILDERS RISK INSURANCE
[

] If this box is checked, Builders Risk Insurance shall be carried by Contractor for the full contract price.

AUTOMOBILE LIABILITY INSURANCE:

[ X ] If this box is checked, Automobile Bodily Injury Liability and Property Damage Liability Insurance shall be
provided by the Vendor with a minimum Combined Single Limit (CSL) of $1,000,000.00. AL coverage must
include coverage for liability arising out of all owned, leased, hired and non-owned automobiles.
The City and City Engineer, both officially and personally shall be included as additional insureds on the
Contractors AL policy. The AL coverage for the additional insured shall apply before any insurance maintained by
the additional insureds.
OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE:
1.

Coverage shall include:

A. All owned vehicles
B. Hired car and non-ownership liability coverage
C. Statutory No-Fault coverage

POLLUTION LIABILITY INSURANCE

[ ] If this box is checked, Pollution Liability Insurance shall be provided by the Vendor with a minimum coverage
of $1million dollars each occurrence, $2 million dollars aggregate.

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PROFESSIONAL LIABILITY INSURANCE (e.g. MALPRACTICE INSURANCE)

[ ] If this box is checked, Professional Liability Insurance shall be provided by the Vendor as follows:
Professional Liability Insurance in an amount not less than $1,000,000.00 per occurrence, $3,000,000.00 aggregate.
PRODUCT LIABILITY INSURANCE
[ ] If this box is checked, each manufacturer will furnish an original certificate of product liability insurance made
out to the City of Watertown for a minimum of twenty-five ($25,000,000.00) million dollars from the prime builder.
Certificates of Liability submitted from subcontractors in order to total the twenty-five million dollar minimum will
not be acceptable as meeting the requirements of this section.
WAIVER OF SUBROGATION
The Contractor waives all rights against the City and City Engineer and their agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by the CGL, UL, or WC insurance
maintained per the requirements set forth above.
ADDITIONAL CONDITIONS OF INSURANCE:
1.

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.

The Certificate of Insurance shall include:

A. Name and address of Insured
B. Issue date of certificate
C. Insurance company name
D. Type of coverage in effect
E. Policy number
F. Inception and expiration dates of policies
G. Limits of liability for all policies
H. Certificate Holder shall be the City of Watertown, 245 Washington Street, Watertown, NY 13601.

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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Performance, Payment and other Bonds

The awarded Contractor, if required, shall furnish Performance and Payment Bonds, each in an amount of at least
equal to the Contract Price as security for the faithful performance and payment of all Contractors obligations under
the Contract Document. These Bonds shall remain in effect as a warranty for a minimum of one year after the date
when the final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract
Documents.
All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or
Regulations, and shall be executed by such sureties as are named in the current list of Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as
published in Circular 570 (as amended) by the U.S. Treasury Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agents authority to act.
If the surety on any Bond furnished by the Contractor files a petition in bankruptcy, becomes insolvent, is
reasonably likely to become insolvent in the near future, or its right to do business is terminated in any state where
any part of the Project is located, or it ceases to meet the requirements of the City, the Contractor shall within ten
days thereafter substitute another bond and surety, both of which must be acceptable to the City of Watertown.
All Bonds and insurance required by the Contract documents to be purchased and maintained by the City or the
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the
jurisdiction in which the Project is located to issue Bond or insurance policies for the limits and coverages required.
Performance Bond
[ ] If this box is checked, successful proposer will be required to provide a performance bond in the amount of
%100 of guaranteed minimum contract price within two (2) weeks of notification of award. If the proposer to whom
the Contract is awarded refuses or neglects to execute or failed to furnish the %100 performance bond within two (2)
weeks after notice to him of the award, the amount of his deposit may be forfeited and shall be retained by the City
as liquidated damages.
Payment Bond
[ ] If this box is checked, successful proposer will be required to provide a payment bond in the amount of %100
of guaranteed minimum contract price within two (2) weeks of notification of award. If the proposer to whom the
Contract is awarded refuses or neglects to execute or failed to furnish the %100 performance bond within two (2)
weeks after notice to him of the award, the amount of his deposit may be forfeited and shall be retained by the City
as liquidated damages.

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Naming Rights

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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)

Proposers Chosen Name

Team
Emblem

In this area

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