1-4483 Head Golf Professional Services at Oak Hills Park-FINAL.pdf

CITY OF NORWALK

PURCHASING DEPARTMENT

SEALED RFPS MUST BE RECEIVED BY THE OFFICE OF THE PURCHASING AGENT, 125 EAST AVENUE NORWALK, CT 06851

BY THE DATE AND TIME OF RFP OPENING

PROJECT NUMBER: 4483

REQUESTING DEPARTMENT: Oak Hills Park Authority

DATE OF RFP ISSUANCE: 11/26/2025

TITLE OF RFP:

Head Golf Professional Services at Oak Hills Park

RFI/QUESTION DEADLINE: 2:00PM 12/08/2025

ELECTRONIC SUBMISSION DEADLINE: 2:00PM 12/19/2025

HARD COPY SUBMISSION DEADLINE: N/A

MANDATORY WALKTHROUGH:

DATE, TIME, AND LOCATION OF WALKTHROUGH

YES ( ) NO (X )

N/A

TIME/DATE OF RFP OPENING: 2:00 PM 12/19/2025

RFP DEPOSIT REQUIRED:

IF YES, AMOUNT REQUIRED

YES ( ) NO (X )

SUCCESSFUL BIDDERS ONLY:

PERFORMANCE & PAYMENT BOND REQUIRED:

IF YES, AMOUNT REQUIRED

YES ( ) NO (X )

SUCCESSFUL BIDDERS ONLY:

MAINTENANCE BOND REQUIRED:

YES ( ) NO ( X)

ALL TERMS AND CONDITIONS, SPECIFICATIONS AND BID FORMS ARE ATTACHED HERETO.

NOTE: THE FOLLOWING DOCUMENTS WILL BE REQUIRED FOR A BID TO BE COMPLIANT

1. BIDDER’S INFORMATION AND ACKNOWLEDGEMENT FORM

2. RFP FORMS, INCLUDING PRICING SHEETS AND ADDENDA ACKNOWLEDGMENT FORMS

3. EXCEPTIONS (IF ANY)

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NOTICE TO BIDDERS

1. ALL RFPS WILL BE OPENED PROMPTLY AT THE ADVERTISED TIME OF OPENING. THERE WILL BE NO DELAYS OR POSTPONEMENTS WHICH ARE NOT PUBLICLY ADVERTISED. ANY RFP RECEIVED AFTER THE ADVERTISED TIME

OF OPENING WILL NOT BE ACCEPTED.

2. OBLIGATION OF BIDDERS:

a. AT THE TIME OF OPENING RFPS, EACH BIDDER SHALL BE PRESUMED TO HAVE INSPECTED THE SITES

AND TO HAVE MADE THEMSELVES THOROUGHLY FAMILIAR WITH THE PLANS AND CONTRACT

DOCUMENTS, INCLUDING ALL ADDENDA. THE FAILURE OR OMISSION OF ANY BIDDER TO RECEIVE OR

EXAMINE ANY FORM, INSTRUMENT OR DOCUMENT SHALL IN NO WAY RELIEVE ANY BIDDER FROM

ANY OBLIGATION IN RESPECT TO THEIR RFP.

b. EACH BIDDER MUST FULLY INFORM THEMSELVES OF THE CONDITONS RELATING TO THE WORK WHICH WILL BE PERFORMED. FAILURE TO DO SO WILL NOT RELIEVE THE SUCCESSFUL BIDDER OF

THEIR OBLIGATION TO FURNISH ALL LABOR AND MATERIALS NECESSARY TO CARRY OUT THE

PROVISIONS OF THE CONTRACT DOCUMENTS AND TO COMPLETE THE CONTEMPLATED WORK. IN AS MUCH AS POSSIBLE, THE CONTRACTOR MUST, IN CARRYING OUT THEIR WORK, EMPLOY SUCH MEANS AND METHODS AS WILL NOT CAUSE ANY INTERRUPTIONS OR INTERFERENCE WITH THE WORK OF ANY

OTHER CONTRACTOR.

3. TIME IS OF THE ESSENCE (IF APPLICABLE):

a. IF THE PROJECT IS NOT COMPLETED BY THE DATE SPECIFIED AS THE SUBSTANTIAL COMPLETION DATE IN THE CONTRACT ENTERED INTO BY THE CITY AND THE CONTRACTOR, THE CONTRACTOR WILL BE

SUBJECT TO CONSEQUENTIAL AND/OR LIQUIDATED DAMAGES.

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GENERAL INFORMATION

1. INTRODUCTION

The Oak Hills Park Authority (OHPA) of the City of Norwalk is requesting proposals for Head Golf Professional Services at Oak Hills Park. The requirements of this project are outlined in greater detail under Section 2 Scope of Work/Project Specifications.

2. RFP DOCUMENTS

All RFP documents for this invitation are available over the internet at http://www.norwalkct.gov. Adobe Acrobat reader is required to view this document. If you do not have this software you may download it for free from Adobe.

3. ADDENDA

All addenda, if issued will be available over the internet at http://www.norwalkct.gov. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the RFP deadline. It is the responsibility of the bidder to check for issuance of any addenda.

4. BIDDER’S LIST

Bidder’s list for this solicitation will not be published.

5. QUESTIONS CONCERNING THIS RFP

All questions concerning this solicitation must be directed, via e-mail, to Sharon Conners, Purchasing Agent at sconners@norwalkct.gov. Please include the Project Number and Project Title in the subject line. The deadline for the submission of questions is 2:00 pm, December 8, 2025.

6. SUBMISSION OF RFP

The City of Norwalk requires electronic sealed submission for this project in the City of Norwalk’s BONFIRE portal (https://norwalkct.bonfirehub.com/portal/?tab=openOpportunities)

All sealed electronic submissions must be submitted in Bonfire no later than December 19, 2025, at 2:00PM.

Page 3 of 28, 4483 Head Golf Professional Services at Oak Hills Park-FINAL http://www.norwalkct.gov/ http://www.norwalkct.gov/ mailto:sconners@norwalkct.gov https://norwalkct.bonfirehub.com/portal/?tab=openOpportunities

SECTION 1 – RESPONSE FORMS

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PROPOSER’S INFORMATION AND ACKNOWLEDGMENT FORM

Proposer’s Name

Street Address

City State Zip

Business Telephone:

Email Address:

Printed Name and Title of Individual Submitting Proposal

The undersigned acknowledges that the terms, conditions and specifications of this RFP are understood and unconditionally accepted.

Signature Date

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Exceptions: Note any vendor(s) responding to this proposal shall indicate any/all exceptions (if any) taken to language in this proposal. BIDDERS MAY NOT TAKE EXCEPTION TO SUBSTANTIVE TERMS OF STANDARD CONTRACT FORMS PROVIDED IN THE RFP/RFQ/ITB. Exceptions must be declared below in order to be considered by the City:

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1.1 PROPOSAL RESPONSE FORM

Vendor Name -

Address -

Phone -

Fax -

Email -

Manager -

Fed ID#

The undersigned hereby declares that they has carefully examined this RFP and the specific services and conditions of this position. The candidate also understands that in signing this proposal they waives all rights to plead any misunderstanding regarding the same.

The undersigned is also expected to attach the following documents to support they proposal to provide Head Golf Professional services:

A. RESPONSE FORM

• Transmittal/cover letter

• Résumé: Qualifications/Experience of Applicant(s)

• Responses to requests for information contained proposal instructions

• Business & Personal References

B. CERTIFICATION

Submitted By: Signature:

Authorized Agent of Company (Name & Title):

Date:

C. The above signatory acknowledges receipt of the following addenda issued during the bidding period and understands that they are a part of the bidding documents (if applicable):

Addendum # Dated Addendum # Dated

Addendum #

Dated Addendum #

Dated

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SECTION 2 – SCOPE OF WORK / PROJECT SPECIFICATIONS

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2.1 Introduction

This Request for Proposal (RFP) is prepared to solicit responses for a Head Golf Professional for the Oak Hills Park Golf Course located at 165 Fillow Street, Norwalk, Connecticut.

2.2 Facility Description

The Oak Hills Park Golf Course is a publicly owned golf facility where a head golf professional oversees daily golf operations. The golf course is managed by the Oak Hills Park Authority and is open to the public all year-round dependent upon weather. Oak Hills Park is in the West Norwalk section of town, and our facility includes tennis courts, a walking trail, and a full-service public restaurant, in addition to the golf course.

The golf course is a Par 71 facility and can play as long as 6,400 yards. The course typically plays 6,320 yards from the blue tees, 5,920 yards from the white tees and 5,200 from the green tees. Last year we added two hybrid combo tees of blue/white (6,150) and white/green (5,600). The hilly terrain, tight golf holes and many elevated greens make the golf course play much longer and tougher than reflected on the scorecard. The course rating is 70.4 and has a slope rating of

132. Designed by renowned architect Alfred Tull, Oak Hills Park Golf Course opened in 1969, and Connecticut Insider Magazine recently selected us as 2025 best public golf course in Fairfield County, Connecticut.

The golf course offers golf membership for discounted greens fees. In 2025, we had 1,190 members who could be either a resident or non-resident member (members). Any golfer, whether resident or non-resident, without membership, pays the full public rate (non-members). Through November 15, the course has hosted 47,000 rounds with 58% of them attributed to membership play. Walking is always permitted and pull and motorized carts are available for a fee. Oak Hills Park is leasing a brand-new fleet of golf carts (multi-year contract) for the 2026 golf season. Over the past two golf seasons we have renovated, eliminated unnecessary, and/or refurbished all our golf bunker complexes.

The Golf Shop at Oak Hills Park is available for the Head Golf Professional and is 27’ x 17’ for a total of approximate 450 square feet. The shop can attractively house golf equipment, apparel and accessories for public play purchase.

Finally, we conduct junior and women clinics, junior golf camps as well as private adult lessons by appointment during the season. We have a small private range, exclusively for golf professionals, to conduct individual and group lessons.

The range is about 150-170 yards used for chipping, pitching and bunker work. We also have hitting bays to work on longer club practice (driver, hybrids, irons) and to allow for trackman club fittings if you have such equipment.

For more information on the golf course please visit http://www.oakhillsgc.com.

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2.3 Position Overview

The Head Golf Professional at Oak Hills Park is a salaried employee of the Oak Hills Park Authority and receives benefits.

The Head Pro is the lead golf operations manager responsible for delivering an exceptional golf experience for member golfers, guests and all others. The role oversees all day-to-day golf operations including tee time booking, Pro Shop merchandise/retail management, and coordination/management of outside operations (Starters, Rangers and Golf Cart program). The Head Golf Professional reports to the Oak Hills Park Authority and works closely with the Golf Superintendent, General Manager and Park Comptroller.

2.4 Scope of Responsibilities

Specific responsibilities of the Head Golf Professional include, but are not limited to:

• Be an excellent ambassador of Oak Hills Park Golf Course by leading the golf operation and setting an unparalleled standard of customer service and satisfaction.

• Have strong interpersonal and leadership skills, excellent communications, and a keen eye for attention to detail in all parts of golf operations.

• Oversee and create the daily golfer’s experience as a visible and accessible professional who takes a “hands-on” approach.

• Cooperate with the Golf Superintendent, General Manager the Comptroller (Management Team) to develop and present to the Oak Hills Park Authority a detailed proposed annual budget, including revenues and operating and capital expenditures.

• Develop a cooperative atmosphere between all golf operations and course maintenance staff (Starters, Rangers, Golf Cart operations, Pro Shop and Superintendent).

a. Tee Time & Reservation Management

• Oversee and manage all tee time system (ForeUP POS), policies, and procedures to maximize course utilization, fairness, and customer satisfaction.

• Monitor and maintain online and phone reservation platforms, update rates, availability, and special event blocks.

• Implement and enforce booking rules (member vs non-member allocations, tee time intervals, pace of place policies, cancellations, and group bookings).

• Ensure that all staff are properly trained with respect to their job function and maintain a high standard of service and customer satisfaction.

b. Pro Shop and Merchandise Management

• Manage the Pro Shop: merchandising, pricing, inventory control, loss prevention, and seasonal product planning.

• Source, order, receive and display golf merchandise (apparel, equipment, accessories) aligned to community demand.

• Supervise 10 part-time pro shop professionals.

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c. Outside Operations Management (Starters, Rangers, Golf Carts)

• Recruit, train, schedule and supervise (Starters, Rangers, and Cart Attendants; maintain staffing levels for peak and off-peak periods.

• Coordinate course opening/closing procedures in consultation with the Golf Superintendent and General Manager (weather, course conditions, events).

• Maintain golf cart fleet operations – scheduling, rental policies, maintenance coordination, and record-keeping including rental logs and damage reports.

• Manage the pace of play on the course by setting expectations and educating golfers about the time to complete a round and monitoring the course to enforce policy compliance.

• Supervise 28 part time outside operation personnel (10 rangers, 6 starters and 12 cart attendants.

d. Customer Service & Programming

• Develop and oversee instructional programs, youth camps, clinics, leagues, outings, and special events (via

Golf Genius Software) tailored to our diverse golfing community.

• Develop and maintain a robust golf outing schedule throughout the golf season. All outings must be coordinated with the Management Team and the Food and Beverage Concessionaire.

• Assist the Men’s and Women’s Associations to ensure active and increasing memberships plus successful weekly golf tournaments and championship events.

• Promote golfer engagement and retention through membership/season pass programs.

• Address customer feedback and resolve conflicts promptly, escalating to General Manager as needed.

e. Work Schedule/Hours of Operation for the Facility/Workspace

The Head Golf Professional shall be present at the Golf Facilities minimally from March 1 to December 31 (the golf season) except for times when the Golf Professional is permitted to be absent. Please note the golf course is open year-round and allows for winter play. Additionally, the Head Golf Professional can expect the following Oak Hills workspace:

• Retail merchandise space

• Private office space

• Storage space for clubs and lessons information

• Lesson space – (Small Range)

f. Additional Duties

The Head Golf Professional agrees to accept such additional duties as are consistent with the position of Head Golf Professional, the provisions of this RFP, and the desires of the Oak Hills Park Authority, which shall reasonably designate and provide the Golf Professional in writing.

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2.5 Term/Contract Renewal/Compensation

The Oak Hills Park Authority intends to award an initial three (3) year contract. Upon expiration of the initial term, the contract may be renewed for additional term(s) if agreed upon in writing by both the Oak Hills Park Authority and the Head Golf Professional. Any renewal shall be contingent upon satisfactory performance, continued need for services, and mutually acceptable terms and conditions.

The Oak Hills Park Authority is prepared to offer a compensation and benefits package commensurate with experience and qualifications. This includes, but is not limited to:

• Negotiable salary commensurate with experience, typically 75K-95K base salary

• Golf Shop ownership, 100% of revenue income

• Private, group and clinic lessons, 100% of revenue income

• Health insurance, vacation, and other benefits in accordance with Oak Hills Park policy

2.6 Policy Adherence

Any contract(s) resulting from this RFP shall be managed by the Oak Hill Park Authority.

The Golf Professional shall be familiar with and shall implement and adhere to all written policies, procedures, rules and regulations of The Oak Hills Park Authority. Also said Head Golf Professional shall be subject to all ordinances, policies and procedures established by the Oak Hills Park Authority.

2.7 Minimum Qualifications

The Head Golf Professional must meet the following minimum requirements to be considered for this contract:

• Class A – PGA Head Professional

• Minimum of five to seven (5-7) years of experience in a golf course setting. Municipal golf course experience is desirable but not required

• Must possess excellent customer service skills

• Must possess skills and expertise necessary to manage a full-service Pro Shop

• Experience managing a golf course

• Ability to attract and to retain players at Oak Hills Park Golf Course

• Outstanding written, verbal, and non-verbal interpersonal communication skills

• Strong business skills with an ability to generate and maximize profits. This includes the ability to initiate and provide programs and services that will generate additional revenue

• Successful history of attracting and running golf outings including marketing and promotion, rules of golf and interpretation and maximizing the golf experience for outing participants Page 13 of 28, 4483 Head Golf Professional Services at Oak Hills Park-FINAL

• Experience with Junior Golf Programs

• The Selected Finalist(s) may be subject to a background/Credit report check

2.8 Proposal Submission Format

Proposals should put forth full, accurate, and complete but concise information as required by this request. The OHPA shall not be liable for costs incurred in the preparation of the response to this RFP or in connection with any presentation before a Selection Committee.

Firms should create their submissions in 8½” x 11” document size using a minimum 12-point font size, double sided, include page numbers and any blank pages must be watermarked “Intentionally Left Blank”. Proposals should be prepared simply and economically, providing a straightforward, concise description of the applicant's ability to meet the requirements of the RFP. Emphasis should be on completeness and clarity of content.

The OHPA reserves the right to reject proposals/parts thereof or to solicit new proposal and award contracts as it deems it in its best interest. All proposals will remain property of the OHPA. It is further understood and agreed that all information included in, attached to, or required by the Request for Proposal shall be public record upon delivery to the

OHPA.

To enable the OHPA to compare the proposals received we ask that your proposal include the information specified below, the sequence listed, with each section of your proposal numbered to correspond to the numbers sequenced below.

Request for Proposal (RFP) shall include the following, in this order:

1. Section 1-Transmittal/Cover Letter

2. Section 2-Resume: Qualifications/Experience of Applicant(s). Also include examples of past performances in a similar role.

3. Section 3-Responses to the Evaluation Criteria Items in Section 2.10;

4. Section 4-Business and Person References

5. Section 5-Other Information: Provide any other information that you believe will assist the OHPA in making its selection. Such information may be in this section of your proposal

6. Section 6-Forms: Fully Completed Section 1 – Response Forms

2.9 Selection Process

Proposals will be initially reviewed by a Selection Committee. The Selection Committee may select the two or three firms that best meet the requirements. These firms will then be invited to represent their proposals to and respond to questions from the Selection Committee.

The OHPA reserves the right to reject any and all proposals submitted, to request additional information from all proposers and to negotiate with one or more of the finalists regarding the terms of this engagement.

The OHPA also reserves the right to retain the proposals, use any ideas contained in the proposals and is not

Page 14 of 28, 4483 Head Golf Professional Services at Oak Hills Park-FINAL obligated in any manner to reimburse the proposers for the costs incurred in connection with responding to this Request for Proposals.

The Selection Committee intends to recommend the firm that, in its opinion, best meets the needs.

The Selected Finalist(s) may be subject to a background/Credit report check.

The anticipated selection schedule is as follows:

RFP Interviews Week of January 12, 2026 Select Proposer By January 19, 2026 Commencement of Services On or around February 1, 2026

The Oak Hills Park Authority reserves the right to modify this timeline following receipt of RFP responses.

2.10 Criteria for Evaluating Proposal Submissions

Candidates will be evaluated based on the following criteria:

• Demonstrated experience and qualifications.

• Examples of past performance in a similar role.

Based on the responses received, the Oak Hills Park Authority may choose to continue or cancel the RFP process. Point evaluation shall be based on the following items which you should thoroughly address in your response:

The OHPA shall be responsible for reviewing the proposals received and will further evaluate them, using the following criteria. The OHPA reserves its rights to examine any other criteria and take the same under consideration and to reject any firm or proposals despite its compliance with these criteria if it determines that to do so would be in its best interests.

Criteria Weight

1. Demonstrated experience of the respondent in managing and operating golf courses and examples of past performance in a similar role 30%

2. Work Plan of the respondent to implement best practices, innovations to benefit revenue stream, increase rounds played at the course, and operational efficiencies.

30%

3. Qualifications of the respondent. 25%

4. Budget Experience– income/expense projection 10%

5. Local Knowledge 5%

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Criteria Weight

Total Possible Points 100

2.11 Prime Proposer Responsibility

Firm’s submitting proposals to this RFP may utilize the services of subcontractors. If subcontractors are planned to be used, this should be clearly explained in the proposal. The prime proposer will be responsible for the entire contract performance whether or not subcontractor is to perform.

All corporate information required in this RFP must be included for each proposed subcontractor. The proposal must also include copies of any agreements to be executed between the prime proposer and any subcontractors in the event of contract award. Under this RFP, the OHPA retains the right to approve all subcontractors.

2.12 Key Personnel

The personnel and commitments identified on any proposer’s proposal will be considered essential to the work to be performed under this RFP. Prior to diverting any of the specified individuals to other programs or changing the level of effort of the specified individuals, the proposer must notify OHPA fourteen (14) days in advance and will be required to submit justification, including proposed substitutions, in sufficient detail, to permit evaluation of the impact on the project. The proposer will make no deviation without the prior written consent of the OHPA. Replacement of personnel will be with personnel or equal ability and qualifications.

Any employee of the proposer, who in the sole opinion of the OHPA is unacceptable, shall be removed from the project pursuant to the request of OHPA. The proposer will have Fourteen (14) Days to fill the vacancy with another employee of acceptable technical experience and skills subject to the written approval of the OHPA.

2.13 Termination for Default or for the Convenience of the Contracting Agency Performance under this contract resulting from this RFP may be terminated by the OHPA whenever;

The proposer, in the sole opinion of the OHPA, is in default in the performance of the contract and shall fail to correct such default within the period specified by the contracting officer in a notice specifying default; or the contracting officer shall determine that termination is the best interest of the OHPA.

Termination will be effected by delivery to the proposer of a notice to terminate, stating the date upon which the termination becomes effective. Upon receipt of the notice to terminate, the proposer shall:

• Stop all work

• Assign to the OHPA all rights, title and interest in the work being developed;

• Deliver forthwith to the OHPA all completed work and work in progress;

• Preserve and protect, until delivery to the OHPA, all material plans, and documents related to this contract which, if the contract had been completed, would have been furnished to the OHPA or necessary to the completion of the work

2.14 Negotiated changes

In the event negotiated changes occur after the awarding of the contract, the same pricing policies called for in the original contract will remain in effect

2.15 Right of Set-Off

The undersigned bidder hereby authorizes the OHPA to set off against monies payable hereunder by the OHPA to the bidder, an amount equal to any unpaid real and personal property taxes and assessments (the collection of which is not barred by the State of Limitations), owing by the bidder to the OHPA, including all interest and lien charges in connection with such paid taxes.

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2.16 Duration of Proposals

Proposals will remain in effect for a period of ninety (90) days from the deadline for submission of the proposal.

2.17 Acceptance of RFP Content

Provisions of this RFP and the contents of the successful response will be used to establish final contractual obligations.

The OHPA retains the option of canceling the award if the successful Respondent fails to accept such obligations. The OHPA and the successful Respondent shall enter into a written contract for the work to be performed.

It is understood that this RFP and the Respondent’s proposal shall be attached and included by reference in a contract signed by the OHPA and the successful Respondent.

This RFP is not an offer: Neither this RFP nor any subsequent discussions shall give rise to any commitment on the part of the OHPA or confer any rights on any proposer unless and until a contract is fully executed by the necessary parties.

The fully executed contract document will represent the entire agreement between the proposer and the Department and will supersede all prior negotiations, representations or agreements, alleged or made, between the parties. The OHPA shall assume no liability for costs incurred by the proposer or for payment of services under the terms of the contract until the contract has been accepted and approved by the OHPA’s Corporation Counsel and fully executed by all parties.

2.18 Insurance Coverage Requirements

The selected applicant shall be required to furnish certificates of insurance, including items that cover general liability, property liability, and youth-related coverages (abuse, etc.,) and workers compensation for any employees you may hire for operations.

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INSURANCE RIDER

The Contractor shall provide and maintain insurance coverage related to its services in connection with the Project in compliance with the following requirements.

The insurance required shall be written for not less than the scope and limits of insurance specified hereunder, or required by applicable federal, state and/or municipal law, regulation or requirement, whichever coverage requirement is greater. It is agreed and understood that the scope and limits of insurance specified hereunder are minimum requirements and shall in no way limit or preclude the City from requiring additional limits and coverage to be provided under the Contractor's policies.

The insurance obligations under this agreement shall be (1) all the insurance coverage and/or limits carried by or available to the Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this agreement, whichever is greater.

Minimum Scope and Limits of Insurance:

Workers' Compensation insurance: With respect to all operations the Contractor performs, it shall carry workers' compensation insurance in accordance with the requirements of the laws of the State of Connecticut, and employer's liability limits of One Hundred Thousand Dollars ($100,000) coverage for each accident, One Hundred Thousand Dollars ($100,000) coverage for each employee by disease, Five Hundred Thousand Dollars ($500,000) policy limit coverage for disease.

Commercial General Liability: With respect to all operations the Contractor performs it shall carry Commercial General Liability insurance providing for a total limit of One Million Dollars ($1,000,000) coverage per occurrence for all damages arising out of bodily injury, personal injury, property damage, products/completed operations, and contractual liability coverage for the indemnification obligations arising under this Agreement. The annual aggregate limit shall not be less than Two Million Dollars ($2,000,000).

Sexual Abuse/Molestation Liability: With respect to program operations provided by Contractor, Sexual Abuse/Molestation Liability coverage with limits of at least $1,000,000 per Occurrence, must be provided. Coverage may be a separate policy or endorsed onto the General Liability Insurance coverage.

Automobile Liability: With respect to each owned, non-owned, or hired vehicles the Contractor shall carry Automobile Liability insurance providing One Million Dollars ($1,000,000) coverage per accident for bodily injury and property damage.

Umbrella/Excess Liability: With respect to all operations the Contractor performs, the insurance limits required can be provided with a combination of Umbrella or Excess Liability insurance that would “follow form” of the underlying required terms and conditions.

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"Tail" Coverage: If any of the required liability insurance is on a "claims made" basis, "tail" coverage will be required at the completion of the Project for a duration of twenty-four (24) months, or the maximum time period reasonably available in the marketplace. Contractor shall furnish certification of "tail" coverage as described or continuous "claims made" liability coverage for twenty-four (24) months following Project completion. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage provided its retroactive date is on or before the effective date of this Agreement. If continuous "claims made" coverage is used, Contractor shall be required to keep the coverage in effect for a duration of not less than twenty-four (24) months from the date of final completion of the Project.

Acceptability of Insurers: The Contractor's policies shall be written by insurance companies licensed to do business in the State of Connecticut, with an AM Best rating of A-VII, or otherwise acceptable to the City.

Subcontractors: The Contractor shall require all subcontractors to provide the same "minimum scope and limits of insurance" as required herein, with the exception of Errors and Omissions/Professional Liability insurance, unless Errors and Omissions/Professional Liability insurance is applicable to the Work performed by the subcontractors. All Certificates of Insurance shall be provided to the City's Corporation Counsel as required herein.

Aggregate Limits: Any aggregate limits must be declared to and be approved by the City. It is agreed that the Contractor shall notify the City whenever fifty percent (50%) of the aggregate limits are eroded during the required coverage period. If the aggregate limit is eroded for the full limit, the Contractor agrees to reinstate or purchase additional limits to meet the minimum limit requirements stated herein. Any premium for such shall be paid by the Contractor.

Deductibles and Self-Insured Retentions: Any deductible or self-insured retention must be declared to and approved by the City. All deductibles or self-insured retentions are the sole responsibility of the Contractor to pay and/or to indemnify.

Notice of Cancellation or Nonrenewal: Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided or cancelled before the expiration date except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Notwithstanding this requirement, the Contractor is primarily responsible for providing such written notice to the CITY thirty (30) days prior to any policy change or cancellation that would result in a change of the amount or type of coverage provided. In the event of any such change the Contractor shall provide comparable substitute coverage so that there is no lapse in applicable coverage or reduction in the amount of coverage available to the CITY related to the Contractor’s services.

Waiver of Governmental Immunity: Unless requested otherwise by the City, the Contractor and its insurer shall waive governmental immunity as defense and shall not use the defense of governmental immunity in the adjustment of claims or in the defense of any suit brought against the City.

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Additional Insured: The liability insurance coverage, except Errors and Omissions, Professional Liability, or Workers' Compensation, if included, required for the performance of the Project shall include the City of Norwalk, the State of Connecticut, and Connecticut Health and Educational Facilities Authority as additional insured parties with respect to the Contractor's activities to be performed under this Agreement. Coverage shall be primary and non-contributory with any other insurance and self-insurance.

Waiver of Subrogation: Contractor waives the right to subrogate or seek recovery from City of Norwalk and its respective insurance carriers.

Certificate of Insurance: As evidence of the insurance coverage required by this Agreement, the Contractor shall furnish Certificate(s) of Insurance to Corporation Counsel's Office prior to the Contractor's commencement of services under this Agreement. The Certificate(s) will specify all parties who are endorsed on the policy as Additional Insureds (or Loss Payees). The Certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. Renewals of expiring Certificates shall be filed thirty (30) days prior to expiration. The City reserves the right to require complete, certified copies of all required policies at any time.

All insurance documents required should be mailed to the City of Norwalk Corporation Counsel, 125 East Avenue, P.O. Box 5125 Norwalk, Connecticut 06856-5125.

Waiver of requirements: The Corporation Counsel may vary these insurance requirements at Corporation Counsel's sole discretion if Corporation Counsel determines that the City's interests will be adequately protected by the provision of different types or other amounts of coverage.

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2.19 Data Protection Rider

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Sample Data Protection Rider The following section is a sample of the City’s standard data protection rider which may be applicable and based on the completed IT vendor security questionnaire. Please be advised that the substantive terms and requirements outlined therein may be revised only with the approval of Norwalk’s Corporation Counsel.

INFORMATION PROTECTION AND DATA SECURITY RIDER

The Contractor agrees to the terms and conditions of this Information Protection and Data Security Rider (“Rider”). In the event of any conflict between the Agreement (including any other exhibits, schedules, riders, or hyperlinks to policies, terms or conditions referenced therein) and this Rider, the terms and requirements set forth in this Rider shall be controlling.

1.0. Definitions. Except as otherwise defined in the Agreement or this Rider, the following definitions shall apply:

1.1 “Access and Use” means access, receipt, use, disclosure, storage, handling and/or transmission.

1.2. “Applicable Law” means all applicable data protection, privacy and information security federal, state, local, and international laws, codes, regulations, rules and/or standards or binding restrictions governing the maintenance and processing of City Data, including, but in no way limited to, the Family Educational Rights an Privacy Act, 20 U.S.C. § 1232g, 34 C.F.R. 99, Health Insurance Portability Act of 1996, Pub. L 104-191, 110 Stat. 1936, Conn. Public Act No. 21-59, and Conn. Public Act 21-119.

1.3. “Authorized Users” means Contractor and those acting on the Contractor’s behalf (e.g. employees, subcontractors and service providers) who have a legitimate business need to Access and Use City Data to enable Contractor to perform its obligations under the Agreement.

1.4. “City” means the City of Norwalk, including, without limitation, all its employees, departments, boards, commissions, committees, councils, taskforce, authorities, agencies, and other such governmental bodies thereof through which the City of Norwalk directly or indirectly operates or conducts business, whether created pursuant to statute, charter, ordinance, resolution, rule or otherwise. Without limiting the generality of the foregoing and by way of example and for purposes of clarity only, the term City shall include governmental bodies with independent boards or commissions such as the Norwalk Board of Education, Norwalk Parking Authority, Oak Hills Park Authority, and Norwalk Redevelopment Agency which the City of Norwalk indirectly operates or conducts business.

1.5. “City Data” means any and all documents, information and data: (i) that the City discloses, supplies, or provides the Contractor under, pursuant to, or in connection with the Agreement; (ii) the Contractor obtains, receives, or collects under, pursuant to, {00100285.DOCX 7}

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1.6. “Data Breach” means any incident of Unauthorized Access and Use of City

Data.

1.7. “Protected Data” or “Data Protection Laws” mean any information, including, without limitation, financial, student, medical, law enforcement or personal data, that is protected by Applicable Law. By way of example only, this term shall include an individual's name, date of birth, mother's maiden name, motor vehicle operator's license number, social security number, employee identification number, employer or taxpayer identification number, alien registration number, government passport number, health insurance identification number, demand deposit account number, savings account number, credit card number, debit card number, user name or electronic mail address, in combination with a password or security question that would permit access to an online account, unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation, any personally identifiable information subject to 34 C.F.R. 99, protected “health information,” as such term is defined in 45 C.F.R. 160.103, and personal information as defined in Connecticut Public Acts No. 21-59 and 21-119, as amended from time to time.

1.8. “Information Technology System” means all, and any combination of, information technology systems, software, computers, workstations, data and telecommunication systems, including all voice, data and video networks and communication lines, and other technology equipment used or held for use in connection with the operation of the City, including all databases, websites, e-commerce platforms, website content, and associated documentation used in connection with the operation of the City.

1.9. “ITS Data” means the Access and Use of City Data through the City’s

Information Technology System.

1.10. “Marked or Labeled Data” means City Data marked or labeled by the City as “confidential” or “proprietary” or any similar designation, or if not marked or labeled or if disclosed orally, should nonetheless be construed or understood under the circumstances to be “confidential” or “proprietary” or any similar designation.

1.11. “Services” means all services, work, activities, deliverables, software or other obligations provided by Contractor pursuant to the Agreement.

1.12 “Unauthorized Access” means Access and Use either not permitted by or in breach of this Rider or not compliant with Applicable Law.

2.0. Applicability.

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2.1. Except as otherwise provided herein, this Rider shall apply to the Access and Use of City Data by the Contractor in the course of performing its obligations under the Agreement. In the event that the Contractor has executed a Business Associate Agreement (“BAA”), the requirements and obligations of the BAA shall apply to the extent that a Data Breach involves a breach of the Health Insurance Portability and Accountability Act (“HIPAA”).

2.2. Contractor shall not permit Unauthorized Access of City Data. With respect to all Access and Use of City Data by an Authorized User, said Authorized User’s acts and omissions shall be deemed the acts and omissions of the Contractor for purposes of determining Unauthorized Access pursuant to the terms of this Rider.

3.0. User Access and Use of City Data.

3.1. Subject to the additional requirements set forth in Section 3.2., Contractor shall only allow an Authorized User to Access and Use of City Data.

3.2. Subcontractors and Third Party Datacenters:

3.2.1. Contractor may allow a subcontractor to Access and Use City Data on its behalf, provided the Contractor obtains commercially reasonable assurances that the subcontractor will appropriately safeguard the information. Without limiting the generality of the foregoing, Contractor shall require each of its subcontractors that Access and Use City Data on behalf of the Contractor to execute a written agreement obligating the subcontractor to comply with all the terms of this Rider, and Contractor shall promptly provide City with a copy of such written agreement upon request.

3.2.2. Contractor may store City Data on servers housed in datacenters owned and operated by third parties, provided the datacenter has executed a confidentiality agreement with the Contractor providing commercially reasonably assurances that the datacenter will appropriately safeguard City Data. Any Access and Use of City Data outside the United States is prohibited, and Contractor shall promptly provide City with a copy of such confidentiality agreement upon request.

3.2.3. Contractor shall remain liable for any act or omission of its subcontractors in violation of the obligations contained herein, specifically including compliance with all Applicable Laws.

4.0. Representations and Warranties.

4.1. Contractor represents and warrants that Contractor’s Access and Use of City Data shall be solely in the course of performing the Services under the Agreement, in compliance with the terms of this Rider and the underlying Agreement, and in compliance with all Applicable Law, including, but not limited to, Data Protection Laws.

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4.2. The Contractor represents and warrants that it has implemented and covenants to at all times maintain commercially reasonable procedures and safeguards necessary to (i) ensure the confidentiality, availability, and integrity of City Data, (ii) protect the City against “hacker attack” or a “virus” introduced by a third party, cyber extortion or other cyber intrusions, (iii) comply with all Applicable Laws, including, but in no way limited to, Data Protection Laws (iv) ensure the security of City Data from any unauthorized access, and (v) protect and secure any and all hosts, networks, applications and physical premises used in any way to perform Contractor’s responsibilities under this Agreement.

5.0. Ownership and Confidentiality of City Data.

5.1. City Data shall at all times remain the property of the City. Except as provided in Section 5.2, the Contractor shall all times maintain confidential (i) all City Data, including, but in no way limited to, Protected Data, Marked or Labeled Data, and ITS Data, and (ii) all information and data created from Access and Use of City Data.

5.2. Section 5.1 shall not apply to City Data that strictly meets the following criteria: (i) information which is already known or independently developed by the Contractor; (ii) information in the public domain through no wrongful act of the Contractor;

(iii) information received by the Contractor from a third party who was free to disclose it;

(iv) information required to be disclosed by court order, or (v) when the City, by written directive of an authorized City representative, has expressly authorized the release of specific City Data from the confidentiality obligations set forth in Section 5.1.

6.0. Data Security.

6.1. Contractor shall at all times maintain and comply with a written Information Security Policy to protect and safeguard City Data (the “Data ISP”). The Data ISP shall include administrative, technical, and physical safeguards that utilize commercially available industry best practices, and meet or exceed the City’s security policies, procedures and requirements, and comply with Applicable Law. Contractor shall provide a copy of said Data ISP to the City’s Information Technology Department via email to helpdesk@norwalkct.org prior to commencing the Services under the Agreement.

6.2. Contractor shall maintain a Data Breach plan in accordance with the procedures required under its Data ISP and shall implement the procedures required under such plan on the occurrence of a Data Breach and in accordance with Applicable Law. If the Contractor believes or has knowledge of a credible imminent threat or the occurrence of a Data Breach, it shall provide a written report of the same to the City’s Information Technology Department by email to helpdesk@norwalkct.org within twenty four (24) hour of the occurrence (or discovery) thereof. The report shall identify the nature of the Data Breach event or threat, a list of the affected individuals and the types of data, and the mitigation and investigation efforts of Contractor. Contractor shall provide investigation updates to the City in a commercially reasonable manner, specifically including the names of any affected individuals who were not identified in the initial written report, but whose personal information was subsequently discovered to have been

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compromised or potentially compromised. In the event the Data Breach concerns protected health information, as defined by HIPAA, Contractor shall comply with the breach requirements contained in the BAA. If the City determines that actions must be taken to comply with Applicable Laws, including, but not limited to, Data Protection Laws, Contractor shall fully cooperate with the City at Contractors sole expense.

6.3. Contractor shall at all times maintain an information technology disaster recovery plan in conformity with industry best practices as part of its business continuity planning protocol with information technology recovery strategies designed to minimize disruption in the provision of the Services covered by the Agreement. The City reserves the right to require, at Contractor’s sole cost and expense, third-party certification of the adequacy of Contractor’s information technology disaster recovery plan in the event that the City determines, in its reasonable discretion, that it is appropriate in light of the Services covered by the Agreement.

7.0. Termination.

7.1 In addition to any termination rights otherwise provided for in this Agreement, this Agreement may also be terminated by the City in the event of a material breach of this Rider by the Contractor upon written notice of said breach and failure to cure the same to the satisfaction of the City within ten (10) days of said notice.

8.0. Insurance.

8.1. In addition to the insurance requirements required in this Agreement, Contractor shall maintain, at its own expense, cyber liability insurance with coverage of not less than $4 million per occurrence/ $8 million aggregate which shall include at a minimum coverage for (i) unauthorized access, which may take the form of a “hacker attack” or a “virus” introduced by a third party or cyber extortion; (ii) crises management, response costs and associated expenses ( including legal and public relations expenses);

(iii) breach of City Data; and (iv) loss of data or denial of service incidents.

9.0. Liability and Indemnification.

9.1. Contractor shall be liable for any of its acts or omissions (including the acts or omissions of its subcontractors, agents and employees) relating to the obligations in this Rider that result in a Data Breach. Contractor shall indemnify, defend and hold City, City elected officials, employees, and agents harmless from and against all liabilities, costs, damages, claims, and expenses relating to a Data Breach that arise from or in connection with Contractor’s breach of the obligations contained in this Rider. The liability and indemnification obligations set forth in this Section 9 shall survive the expiration or termination of this Agreement.

10. Reporting.

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10.1 On a basis not less frequent than annually, Contractor shall engage a third-party to perform an audit of Contractor’s information security policies and procedures.

Such report shall be available to the City upon request.

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SECTION 3

LIVING WAGE ORDINANCE

GENERAL INFORMATION

Rev. 03282025

NOTE: SECTION 5 contains information concerning the City’s Living Wage Ordinance.

You are responsible for obtaining a copy prior to bidding.