Berta April 26%, 2010 Dear Times Square Business, In February, the City of New York declared Broadway between 42x and 47" Streets permanent pedestrian plaza. The Timies Square Alliance, as the City's sole licensed manager of the new space, is issuing a Request for Expressions of Interest (RFEI) as the first step to identifying interested subconcessionalres that could offer @ desired service or ‘amenity in the public plazas. As a local business, you are being offered an early ‘opportunity to submit a concept for how you might operate concession in the pedestrian plazas. The RFEI application is attached and is due on May 31st, 2040. Times Square is New York's most exciting neighborhood, where media, culture and commerce coexist and thrive together. The area has a unique energy and international appeal. Every year, millions of people come here to experience the sensation of being in ‘the middle of everything. The Times Square Alliance seeks one ar more subconcessionalre that can provide a high quality amenity with authentic New York City appeal, The ‘subconcession should enliven Times Square and appeal equally to those who work, live and visit here. We look forward to hearing your business concept! If you have questions please contact Eva Marie Santiago, Director of Economic Development and Retalll at 212 452 5209 or -esantiago@timessquarenyo.org. oo Tim Tompkins President £560 BRORDWnr, SUITE.800, NEW YORK, NY 10096 T212 768 1560 F212 768 0233 WWW TIMESSQUAREALLIANCE.OREBroadway W. 47th to W. 46th Streets > ~ TIMES SQUARE PLAZAS Ss SI] SPECIAL EVENT SPACE LAYOUT Wy. SN e me : LEGEND [atar pant FIRE TRUCK PATH [5 ourmiccer zone FRENCH AARRICADE Te SION ANO RAL NOT TO SCALETIMES SQUARE PLAZAS SPECIAL EVENT SPACE LAYOUT Broadway W. 43rd to W. 42nd StreetsN TIMES SQUARE - Plaza Subconcession REQUEST for EXPRESSIONS of INTEREST and APPLICATION Response due date: May 31%, 2010 hts SQUARE TIMES SQUARE ALLIANCE 1560 Broadway, Suite 805 New York, NY 10036 For further information: Eva Marie Santiago 212-452-5209 esantiago@timessquarenyc.org {1860 BROADWAY, SUITE 200. NEW YORK. NY 10036 1212 768 1560 F212 768 0233 WWKW.TIMESSQUAREALLIANCE ORC‘ABOUT THE TIMES SQUARE ALLIANCE The Times Square Alliance is a non-profit organization responsible for the overall welkbeing and continual rejuvenation of the Times Square area. The Times Square Alliance has worked over the past sixteen years to promote a clean, safe and vibrant place through supplemental public safety and sanitation services, tourism, constituency outreach, events, communications, as well as advocacy on policy, pianning and design issues. The District covers most of the territory from West 40% Street to West 53 Street between 6% and 8% Avenues, as well as Restaurant Row (46% Street between 8 and 9® Avenue). It includes all 39 Broadway theaters; the headquarters of major media and broadcast companies, law firms and corporate headquarters as well as one-quarter of all hotel rooms in Manhattan. GENERAL INFORMATION and SCOPE In February, the City of New York declared Broadway between 42s! and 47% Streets a permanent pedestrian plaza. The plazas feature tables and chairs, benches, planters and distinctive pavement treatment. A permanent design for the plaza spaces is in process, but these temporary elements will remain in place for the near term. Five of these plazas (See Appendix A) are available for subconcession. The plazas are operated and maintained by the Times Square Alliance (TSA.) Under TSA's agreement with the City, we have the right to enter into a subconcession agreement to provide services, amenities, sponsorships and events on the plazas, A subconcession further clarified, is the provision of a service directly for the Times Square Alliance. Times Square Alliance is issuing a Request for Expressions of Interest (RFEI) as the first step to identifying interested subconcessionaires that are capable of providing a desired service or amenity in the public plazas. A formal Request for Proposals will be issued at a later date, Interested parties can respond to this RFEI by May 31st, 2040. The applicant must meet the general Gualifications listed below and fill out the attached application form, including a one page concept description of a subconcession idea. Parties may submit up to 3 concepts as part of this RFEL. It should be noted that responding to this RFEI will not obviate the need to fully respond to the RFP once itis issued, nor does responding to this RFE! imply favorable treatment during the RFP review process. BACKGROUND and DEMOGRAPHICS Times Square attracts a diverse conglomeration of people on any given day ~ thousands of employees, theatergoers, daytrippers, national and international tourists. Nearly haif a million people come ‘through Times Square everyday. The streets and plazas are often crowded with people. This past December, TSA estimated 33,381 total pedestrians between 8am and 1am visited the plaza on 44% and 45% street, 21,878 visited the plaza on 42 and 43° street while 17,036 were counted on the plaza near Duffy Squate. The differences in plaza size account fr the range of numbers but nevertheless illustrate the market potential ‘The Times Square Market An estimated 35 million visitors come to Times Square every year. The region has 15,000 hotel rooms (25% of the Manhattan total), drawing a steady stream of tourists and business visitors. Around 50% of retail expenditure in Times Square comes from visitors. The region hosts a dynamic and upwardly mobile residential population of over 33,000 households. Median annual household income far residents is estimated at $66,000, with a total spending potential equal to $608 Million. Over 70% of ETimes Square residents are under the age of 50. Approximately 160,000 people come into the Times ‘Square area to work everyday at offices that include the global headquarters of many of the world’s leading media. financial, legal and retail companies. Over 50% of this group has an annual income over $75,000, with an estimated spending potential of $723 Million. Plaza User Preferences In 2009, the Times Square Alliance surveyed residents, tristate employees, executives, retail ‘managers and plaza users (including tourists) to gage the awareness, perceptions and experience of the pedestrian plazas. Most people believe the plazas have made Times Square a better place to visit and work. One in four employees is more likely to leave the office for lunch than they were before, while 95% of all residents who have sat in the plazas are positive about them. Half of the people surveyed are younger than 35 years old, with an additional 20-25% between 36 and 44 years old. Food was selected by 48% of respondents as the most desired amenity they would like to see available in the plazas. ‘TSA'S MISSION and PARAMATERS FOR A SUBCONCESSION Times Square is New York's most exciting neighborhood, where media, culture and commerce coexist and thrive together. The area has a unique energy and international appeal. Every year, millions of people come here to experience the sensation of being in the middle of everything, TSA's mission is to seek a subconcessionaire(s) that can provide a high quality amenity with authentic New York City appeal. This RFEI seeks commercial activity that will enliven Times Square and appeal equally to those ‘who work, live and visit here. Our primary goal is to generate revenue to offset our maintenance costs in a way that supports our core mission, The subconcession should not be an attraction in and of itself. Services provided should enhance the ‘experience of being in the square and complement the aesthetic. No permanent infrastructure will be allowed, nor is there any guarantee that storage in the area will be available. Mobile carts or other light structures that can change position will be considered, and the concession must be self sustaining ‘with regards to power and water. While table and chairs cannot be exclusively designated tor concession use only, table service is an option. The concessionaire must be able to be flexible regarding location as many events take place here and may temporarily displace the concession or require that it be relocated. PROCESS AND CRITERIA ‘Those interested in responding to this RFE| must meet the general goals outlined above and complete the attached application. In the event it becomes necessary to revise any part of this RFEI, the document will be updated and re-sent. ‘The Alliance understands that there ate many potential models for concessions, and that it may not be possible to achieve all goals simultaneously or equally. With that in mind, responses will be evaluated besed on the extent to which they fulfil the criteria below, with same elements being more important than others, or outweighing others on @ case-by-case basis. ‘+ Breadth of appeal: Provide an amenity or service that will be attractive to as many Times ‘Square users (1.e. employees, residents, visitors) as possible. * Creativity: Present a unique idea, model, or product that contributes to a distinctive Times ‘Square and/or New York experience, and reinforces the Alliance's branding goals of presenting Times Square as a cutting ~ edge destination.Generate net revenue sufficient to offset or exceed the Alliance's maintenance and operation costs. ‘+ Safety: Ensure pedestrian flow is not impeded through operation. * Maintenance: Ensure that the Alliance's maintenance burden (ie. garbage, security, set-up and take down requirements) is not unreasonable. * Capacity: Demonstrate ability to meet high demand from Times Square users while providing a high quality product and service. ‘+ Supporting Times Square constituents: Where possible, feasible and consistent with other criteria, support local businesses and individuals established or working within the Times ‘Square Business District. The Times Square Alliance reserves the right to reject any or all statements of qualifications submitted ‘and assumes no responsibility and no liability for costs incurred by the responding team(s) prior to selection. If you choose to respond to this RFEI, please prepare five (5) bound or stapled copies of your ‘qualifications and deliver them to: Eva Marie Santiago Times Square Alliance 1560 Broadway, Suite 805 New York, NY 10036 Questions must be submitted by email to Eva Santiago at the Times Square Alliance, (santiago@timessauarenyc.ore). Responses to the questions will emailed to all respondents by May 30th, 2010. Qualifications must be received no later than 5:00 PM EST, May 34st, 2010. Respondents submitting qualifications in response to this RFE! may be contacted by the Times Square Alliance at any time during the initial submittal and review process in order to clarify or request additional information. Any contacts or requests by the Times Square Alliance before the selection date shall not constitute selection of a finalist team. Responses to this RFEI will not be returned and the Times Square Alliance ‘assumes no responsibilty for damaged or lost responses. MORE FINE PRINT The issuance of this RFE! and the submission of a response by any proposing respondents or the acceptance of such response by the Times Square Alliance do not obligate the Times Square Alliance in any manner. Legal obligations will only arise on the execution of a formal contract by the Times Square Alliance and the respondent selected. The Times Square Alliance reserves the right 1) to amend, modify, or withdraw this RFEI; 2) to revise any requirements of this RFEI; 3) to require supplemental statements or information from any firm; 4) to accept or reject any or all responses hereto; 5) to extend the deadline for submission of responses thereto; 6) to negotiate or hold discussions with any respondent and to waive defects and allow corrections of deficient responses which do not completely conform to the instructions contained herein; and 7) to cancel this RFEI, in whole or in part. Specific DOT Qualifications: The Times Square Alliance has a licensure agreement with the Department of Transportation which outlines general qualifications and specific criteria for a subconcession, subject to DOT's final approval. The subconcession defined in this RFE! is a food/ beverage, amenity or other service.‘As per the licensure agreement with DOT and TSA, the subconcessionaire: May not have exclusive use of any plaza space or furnishings (i.e, no designated tables) Cannot be TSA operated or affiliated (member businesses can apply) Must be awarded through a Request For Proposals or Request For Bids and approved by DOT Must be able to provide proof of required insurance in sufficient amounts (see attached Appendix B) Must be able to obtain any and all approvals, permits, and other licenses required by federal, state and City laws, rules, regulations and orders which are or may become necessary for the operation and maintenance of the service. Must be able to provide accounting and bookkeeping relevant to the operation within the fiscal year of the DOT. Must operate in such a manner as to maintain the highest New York City Department of Health inspection rating. Must not sell cigarettes, cigars or any other tobacco product. May sell wine and beer only with the appropriate license from the State Liquor Authority (‘SLA"). Such wine and beer shall be served in recyclable cups and be consumed only within the boundaries of the Licensed Plaza, as permitted by the SLA. Cannot store trucks or storage containers on the plaza.TIMES SQUARE ALLIANCE REQUEST FOR EXPRESSIONS OF INTEREST - APPLICATION General Information Date: Name of Organization: ‘Address: Contact: Phone: Emall: Organizations URL: Tax ID Number: Type of Business: Number of Years in Business:TIMES SQUARE ALLIANCE REQUEST FOR EXPRESSIONS OF INTEREST - APPLICATION Page 2 Concept Please provide up to a one page summary of your concept for a subconcession. You may provide up to three concepts, or three one pagers total.TIMES SQUARE ALLIANCE REQUEST FOR EXPRESSIONS OF INTEREST ~ APPLICATION Page 3 Narrative Questions Have you previously done subconcession work? _Yes _No IFYes, please describe in a paragraph: In a paragraph, please describe your qualifications highlighting another project that is indicates your strengths for this project.TIMES SQUARE ALLIANCE REQUEST FOR EXPRESSIONS OF INTEREST ~ APPLICATION Page 4 Attachments Please provide attachments of the following: = Most recent federal tax return - Allist, CVs or Resume's of qualified personnel - Any organization summary, promotional or marketing materials APPENDIX A- MAP OF PLAZAS (see attached) APPENDIX B - INSURANCE REQUIREMENTS Commercial General Liability Insurance: of not less than three million dollars ($3,000,000) combined single limit per occurrence, and five million dollars ($5,000,000) aggregate. Must have Workers’ Compensation and Disability Benefits Insurance: in accordance with the Laws of the State of New York. Must have Employer's Liability Insurance: of not less than one million dollars ($1,000,000) for any one occurrence. ‘Must have Automobile Liability Insurance: Commercial Automobile Liability Insurance covering, all owned, non-owned, hired and borrowed vehicles of not less than one million dollars ($4,000,000) for any one occurrence.3TIMES SQUARE PLAZAS x SPECIAL EVENT SPACE LAYOUT | Broadway W. 46th to W. 45th StreetsTIMES SQUARE PLAZAS SPECIAL EVENT SPACE LAYOUT Broadway W. 44th to W. 43rd Streets NOT TO SCALE