BID PACKAGE - Senior Nutrition Program - Revised Bid for 2025 with Attachments 1 and 2.pdf

VILLAGE OF PORT CHESTER

PREPARED MEALS FOR SENIOR NUTRITION PROGRAM

BID NO. 2025-13

Stuart L. Rabin, Village Manager

Release Date: July 14, 2025

Deadline for Bids: August 7, 2025 at 3:00 p.m.

PUBLIC NOTICE

PREPARED MEALS FOR SENIOR NUTRITION PROGRAM

BID # 2025-13

VILLAGE OF PORT CHESTER

WESTCHESTER COUNTY, NEW YORK

NOTICE IS HEREBY GIVEN that sealed bids will be received by the Village of Port Chester until August 7, 2025 at 3:00 p.m. local time at the Office of the Village Clerk, 222 Grace Church Street, Port Chester, New

York 10573, at which time and place sealed proposals will be publicly opened and read aloud for “Prepared

Meals for Senior Nutrition Program.”

No proposals will be received or considered after the date/time stated above.

A mandatory site visit and interview at the congregate mean site will be on August 4, 2025 at 3:00 p.m. local time at the Port Chester Senior/Community Center.

The bid package may be procured at the Office of the Village Clerk, 222 Grace Church Street, Port Chester, New York beginning on July 14, 2025, and available on the Village’s web-page www.portchesterny.gov/Bids.aspx or in person at the office during regular business hours.

All bids must be submitted by electronic format (USB flash drive: E-mail is not an acceptable format or method of transference) AND a single, original hard copy both contained in a sealed envelope clearly marked:

BID# 2025-13

PREPARED MEALS FOR SENIOR NUTRITION PROGRAM

Bids that do not comply with the above submission requirements will not be considered.

The Board of Trustees of the Village of Port Chester reserves the right to accept or reject any or all bids, waive any informalities at its discretion, and to make such award as it deems is in the best interest of the Village of

Port Chester even if such award is to other than the lowest proposer.

/s/STUART RABIN

STUART RABIN

Village Manager

Village of Port Chester

Dated: _July 14, 2025 http://www.portchesterny.gov/Bids.aspx

I. INTRODUCTION

The Village of Port Chester (the “Village”) is committed to the well-being and the quality of life for its aging population (“Seniors”). In the Village’s Senior Community Center (the “Senior

Center”) at 220 Grace Church Street, Port Chester, New York, Seniors enjoy our library, computer room, pool table and more. In addition to these amenities, Seniors are provided activities including

Zumba, Tai Chi, bridge, Mah Jong, bingo, art classes, day trips, movies, and much more.

Congregate meals are served to seniors at the Senior Center daily Monday through Saturday.

Additionally, Seniors in the Village who are medically homebound may be eligible for home-delivered meals. Meals are also provided to Seniors during Day trips. These meals are funded through the Village of Port Chester, the Westchester County Department of Senior Programs and

Services, the New York State Office for Aging, and the U.S. Administration on Aging.

The Village of Port Chester, Westchester County, New York, herein called the ("Village"), invites bids to provide prepared meals for the Nutrition Program for the Elderly under Title III-C of the

Older Americans Act of 1965 as amended.

II. SCOPE OF SERVICES

(a) Westchester County Requirements

The selected contractor will be responsible for providing all of the services described in the Caterer agreement established by the Westchester County Department of Senior Programs and Services.

(Attachment 1) The current Form Agreement is included for review. Sample hot and cold meal menus created by the County Nutritionist are also included. The meals to be prepared and delivered to the Village shall satisfy the nutritional requirements established by Westchester County

(Attachment 2). A two-month menu cycle will be distributed to the contractor each month one week previous to the beginning of that month.

(b) Congregate Meals

The Contractor will provide meals to the congregate meal site, the number and type which will be provided in accordance with the instructions received from the Village by the Friday the week before. Currently, some 172 persons participate in the congregate meal program. Congregate meal site operations are located at the Port Chester Senior/Community Center at 220 Grace Church

Street. The kitchen is equipped with a refrigerator, freezer, warming oven, stove, dishwasher, microwave oven and hot-cold food serving bins. Meals are to be prepared and then transported to the site for serving.

(c) Home-Delivered Meals

The Contractor will be responsible for preparation and packaging of meals that will be delivered by Village program personnel to the homes of eligible persons in the quantity likewise provided by the Village. Currently, 38-50 persons participate in the home-delivery meals program.

(d) Delivery of Food

The Contractor will deliver all meals to the Senior/Community Center at the required temperatures provided for in the Agreement. The Contractor will deliver all meals no later than 10:30 a.m. each day. The Village's Program Director or her designee will check all meals as it arrives to ensure proper food temperature and number of meals.

The Contractor shall also provide disposable plates, cutlery, napkins, salt, pepper, and supplies as listed. In addition, the Contractor shall include disposable aluminum pans for out-going deliveries with disposable plates. The Contractor shall accept calls for changes or additions prior to 4:00 p.m.

the previous business day for the next day of service.

Any changes by the Contractor must be approved by the Program Director by 11:00 a.m. the previous day for the next day of service.

Hot beverage cups 8 oz. (Case 500)

Bowls 12 oz. (Case 500)

Dessert bowls 3.5 ounces (Case 500)

Straws (Case 500)

Stirrers (Box 500)

Decaf tea bags (Box of 100)

Tea bags (Box 100)

Sugar PC (Case 1000)

Sugar substitute such as Equal, Sweet and Low, Splenda (Box 100)

Dinner napkins (Case 1000)

Other items are to be provided as needed for service of menu items.

(e) Special Events

Approximately 5 to 6 times a year, the Contractor will prepare and deliver meals for special events that may be on or off-site, such as the Senior Picnic.

(f) Cold Meals

In addition to the standard hot meal, the Contractor will provide a cold lunch daily in a quantity and delivery as specified by the Village.

(g) Cleaning

The Contractor will be responsible for the cleaning and sanitizing of the Village's kitchen facilities after each use.

(h) Facilities

The Contractor shall have a kitchen facility located within 30 miles of the Village to ensure prompt transport of meals. The Contractor shall not utilize the village’s kitchen facilities to prepare meals without prior approval of the Program Director.

(i) Personnel and hours

The Contractor shall supply personnel to perform all food service and cleaning which shall be done to the satisfaction of the Program Director or her designee (10:30 a.m. typically to 1:30 p.m.).

II. SUBMITTAL REQUIREMENTS

Bids shall be received by the Village Clerk, 222 Grace Church Street, Port Chester, New York

10573, until August 7, 2025 at 3:00 p.m., at which time they will be publicly opened and read aloud.

All bids must be submitted by one hard copy AND electronic format (USB flash drive). in a sealed envelope bearing the name and address of the bidder and clearly marked “PREPARED MEALS

FOR SENIOR NUTRITION PROGRAM - BID # 2025-13”. E-mail is not an acceptable format or method of transference

Bids must be submitted on the prescribed form provided below entitled “VILLAGE OF PORT

CHESTER BID FORM”. All blank spaces for bid prices must be filled in, typewritten or in ink, with the unit price for the item or the lump sum for which the proposal is made. Bids shall be submitted with the original Specifications and Contract Documents; any deviation shall be grounds for disqualification of bid. In the case of a difference between the stipulated amount of the proposal written in words and the stipulated amount written in figures, the stipulated amount stated in words shall govern.

In addition to the Bid form, the bidder shall complete and submit the following forms provided below:

1. NON-COLLUSIVE BID CERTIFICATION

2. CERTIFICATION OF COMPLIANCE WITH IRAN DIVESTMENT ACT

3. INDEMNIFICATION AGREEMENT

VILLAGE OF PORT CHESTER BID FORM

Bid Number# 2025-13

THE UNDERSIGNED AFFIRMS AND DECLARES that this bid is executed with full knowledge and acceptance of the specifications, requirements, terms and conditions contained herein and with complete understanding and full compliance with requirements and hereby submits this bid for the requested noted above and certifies that this proposal meets all the specifications and conditions requested herein. It is understood that the Village reserves the right to reject any and all bids or waive any informalities in this bid request.

NOTICE: Bids must be made on this form, and include an executed indemnification agreement. In addition, one copy of each addendum, if applicable, received by the bidder must be annexed hereto upon the submission of the bid.

Bid Amount $ _____________ per meal from Notice to Proceed to May 31, 2028

Bid in Words ________________________ per meal from Notice to Proceed to May 31, 2028

Name of Bidder __________________________

By (Signature) __________________________

Print Name ______________________________

Street Address of Bidder ______________________________________________

City, State Zip _________________________________________________

Telephone ____________________ Fax _________________________

Email ____________________________Website ___________________________

1. If bidder is a foreign corporation, bidder must submit a certificate that it is authorized to do business in the State of New York and in the County of Westchester.

2. The undersigned, a foreign corporation, agrees as follows: That personal service of process in any action, suit or proceeding instituted by the Village against the undersigned on or in connection with this Bid or the Contract that may be executed may be made by registered special delivery mail addressed to the undersigned at the address referred to hereinabove, unless a different address within the State of New York be specified below, in which event service as aforesaid may be made only at the address specified below or at such other mailing address within the State of New York as is substituted therefore by the undersigned by notice in writing to the Village.

3. Non-Collusive Bidding Certification, General Municipal Law, Section 103-d:

By submission of this bid, the undersigned and each person signing on behalf of the undersigned certify, under penalty of perjury, that:

(a)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; and

(b)Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the undersigned and will not knowingly be disclosed by the undersigned prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(c)No attempt has been or will be made by the undersigned to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

4. Conflict of Interest

(a) That no officer, agent, or employee of the Village is personally interested directly or indirectly in the contract or the compensation to be paid thereunder.

(b) That no representation, statement or statements, oral or in writing, has induced him/her/it to enter into any contract excepting only those contained in the contract documents or made hereof by its terms.

5. I hereby acknowledge receipt of the following addenda set forth below:

Addenda No. Date of Receipt

6. Statement of previous experience

7. Statement of business organization

8. Names, addresses and contact information of three professional references

(a) _____________________________________________________________

(b) _____________________________________________________________

(c) _____________________________________________________________

IN WITNESS WHEREOF, the undersigned has caused this Bid to be signed and delivered as of the date first herein set forth and agrees to perform the work in accordance with the terms and conditions of the contract documents and award of the same.

Dated: ___________ ___________________________________

(Legal name of Corporation, Individual or

Firm and any d/b/a name)

By: ________________________________

(Name and Title)

ATTEST:

NON-COLLUSIVE BID CERTIFICATION

Made pursuant to Section 103-d of the General Municipal Law of the State of New York.

By submission of this bid, Bidder and each person signing on behalf of 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 his or her knowledge and belief:

l. 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 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 Bidder and will not knowingly be disclosed by 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.

A bid shall not be considered for award nor shall any award be made where (1) (2) and (3) above, have not been complied with; provided, however, that if in any case Bidder cannot make the foregoing certification, Bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his/her designee, determines that such disclosure was not made for the purpose of restricting competition.

Dated: Bidder:

(Legal Name of person, firm or corporation)

By:

(Signature)

(Print Name)

(Title)

State of New York )

County of Westchester ) ss.:

On the day of in the year 20 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

(Notary Public)

BIDDER’S CERTIFICATION OF COMPLIANCE WITH IRAN DIVESTMENT ACT

Pursuant to General Municipal Law Section 103-g, which generally prohibits a municipality from entering into contracts with persons engaged in investment activities in the energy sector of Iran, the bidder submits the following certification:

BIDDER’S CERTIFICATION (Please Check One)

By submission of this bid or proposal each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid each party hereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder/proposer is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law.

I am unable to certify my name and the name of the bidder/proposer does not appear on the list created pursuant to Paragraph (b) of subdivision 3 of Section 165-a of the State

Finance Law. I have attached a signed statement setting forth in detail why I cannot so certify.

Dated: , 20

SIGNATURE

PRINTED NAME

TITLE

Sworn to before me this day of , 20

Notary Public

INDEMNIFICATION AGREEMENT

To the maximum extent permitted by law, the Contractor agrees to protect, defend, indemnify and hold the Village of Port Chester, and any agents, officers, employees and Contractors of any of them; free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of the charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this agreement and/or the performance hereof; without limiting the generality of the foregoing, any and all such claims, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, decree of any court, shall be included in the indemnity hereunder. The Contractor further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc., at his sole expense and agrees to bear all other costs and expenses related thereto, even if it (claims, etc.), is groundless, false or fraudulent. In any case in which such indemnification would violate Section 5-

322. l of the New York General Obligations Law or any other applicable legal prohibition, the foregoing provisions concerning indemnification shall not be construed to indemnify the Owner for damage arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Owner, or its employees.

SIGNED AND SEALED this _______ day of _________ 2025

In the presence of: _________________________________

(Seal) PRINCIPAL

WITNESS TITLE

III. SECURITY ACCOMPANYING PROPOSAL

No plea will be accepted in which a contractor pleads misunderstanding or deception of estimates of quantities, character, and scope of work, location or other conditions surrounding the same.

Permission will not be given to withdraw, modify or explain any proposal or bid after it has been submitted.

A certified check or bid bond payable to the Village of Port Chester, New York shall accompany the sealed bid, for the sum equal to 5% of the bid price. For purposes of calculating the required

5% bid bond or security accompanying the proposal, bidders shall use the following formula and worksheet:

Bidder's per meal proposal x Village's estimated number of meals for a one (1) month period

(2,600 meals) x 5% = bid bond/security.

Worksheet:

$ X 2,600 X 5%= _______________

(Bidder’s cost per meal) Bid Bond/Security

This formula and worksheet is being provided for informational purposes only and should not be included with bid proposal forms.

The checks of the unsuccessful bidders shall be returned after the contract is fully executed with the successful bidder. Within ten (10) days of notification of the award by the Board of Trustees, the successful bidder shall furnish the insurance policies described herein and execute an agreement at which time the bid bond will be returned. Should the bidder neglect or refuse to proceed to contract, the bond shall be forfeited and retained by the Village of Port Chester.

IV. QUALIFICATIONS OF BIDDER

Only qualified bidders who have adequate experience, finances, facility, equipment and personnel will be considered in making awards, based upon qualifying data submitted with the bid proposal.

The Village may make such investigations as it deems necessary to determine the ability of the bidder to perform the work. The bidder shall furnish to the Village all such information and data for this purpose as the Village may request. The Village reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Village that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work herein.

Conditional bid proposals will not be accepted.

V. QUESTIONS, ADDENDA, AND INTERPRETATIONS

Any questions or requests for interpretation of the meaning of the specifications of this Bid shall be in writing, addressed to Maryann Nielsen, Senior Center Nutrition Director, by e-mail mnielsen@portchesterny.gov no later than five (5) days prior to the date fixed for the opening of bids.

Any answers to questions or interpretations and any supplemental instructions will be in the form of written addenda which, if issued, will be emailed to all prospective bidders at the respective addresses furnished for such purpose not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve any bidder from any obligation under his/her/its bid submitted. All addenda shall become part of the

Contract Documents.

VI. OBLIGATION OF BIDDER

At the time of the opening of bids, each bidder will be presumed to have read, and to be thoroughly familiar with all bid 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 obligation with respect to his/her/its bid.

A mandatory pre-bid site visit and interview will be on August 4, 2025 at 3:00 p.m. at the Port

Chester Senior/Community Center, 222 Grace Church Street.

The successful bidder shall be prepared to provide all certificates of insurance within three (3) business days of notice of award.

VII. AWARD

(a) An award will be made to the lowest responsible and responsive bidder. However, the Village reserves the right to waive any minor informality in and reject any or all non-responsive bid proposals, or to make an award other than the low bidder, in accordance with the law, or to advertise for new bids, if, in the opinion of the Village Board, the best interest of the Village will thereby be promoted.

(b) The amounts as indicated in the specifications are not guaranteed. The Village reserves the right to add or delete any items it deems necessary.

(c) Any conditions set forth in the bid proposal will be deemed a counter-offer and will render the bid non-responsive.

VIII. CONTRACT

After selection of the successful Bidder, a formal written agreement will be prepared by the Village and will not be binding until signed by both parties and approved by the Board of Trustees. No rights shall accrue to any bidder by the fact that a bid has been selected by the Village for submission to the Board for contract approval. The contract will be awarded to one contractor for the entire term.

The anticipated term of the Agreement will be for a period of approximately three (3) years (until mailto:mnielsen@portchesterny.gov

May 31, 2028, with the Village having the sole option to extend such Agreement by amendment for one additional year.

Each bidder accepts and agrees that, if selected by the Village and approved as described above, the ensuing agreement will be prepared by the Village and will incorporate this entire Bid packet and the successful submitted Bid, including all addenda and attachments to each, as well as the following terms and conditions:

INSURANCE

Prior to commencement of any work under this Contract and until completion and final acceptance of the work, the Contractor/Provider shall, at its sole expense, maintain the following insurance on its own behalf, and furnish to the Village certificates of insurance evidencing same and reflecting the effective date of such coverage as provided and described in Schedule A, entitled "Village of

Port Chester Insurance Required for Contractors", which is attached hereto and made a part hereof.

DEFENSE AND INDEMNIFICATION

To the fullest extent permitted by law, Contractor will hold harmless, indemnify and defend the

Village from and against any and all claims, damages, liabilities, obligations, judgments, charges, costs, expenses and fees, including but not limited to personal injury and property damage or theft, arising from work for the Village under this Agreement.

The Contractor hereby expressly permits the Village to pursue and assert claims against the

Contractor for indemnity, contribution and common law negligence arising out of claims for damages for death and personal injury.

COMPLIANCE

The Contractor shall comply with all applicable state, federal and village laws and regulations. The proposer shall further certify that it has adopted a proprietary sexual harassment policy and that all employees have completed the requisite training for same.

INDEPENDENT CONTRACTOR

Nothing contained in the agreement is intended to, or should be construed, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall be an independent Contractor with respect to the services to be performed and is free to be engaged by other parties for the services to be provided herein. The Contractor shall be responsible for the means, methods and manner in performing such services.

ASSIGNMENT

The Contractor shall not assign or transfer the right, title or interest in the contract without the written consent of the Village.

DISPUTE RESOLUTION/ GOVERNING LAW

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to the principles of conflicts of laws. The parties hereby agree that any cause of action arising out of this Agreement shall be brought in a court of competent jurisdiction in the County of Westchester, State of New York.

TERMINATION

(a) The Village, upon ten (10) days-notice to the Contractor, may terminate this Agreement when the Village deems it to be in its best interest. In such event, the Contractor shall be compensated and the Village shall be liable only for payment for services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule “A”.

Upon receipt of notice that the Village is terminating this Agreement in its best interests, the

Contractor shall stop work immediately and incur no further costs in furtherance of this Agreement.

(b) In the event the Village determines that there has been a material breach by the

Contractor of any of the terms of the Agreement and such breach remains uncured for forty-eight

(48) hours after service on the Contractor of written notice thereof, the Village, in addition to any other right or remedy it might have, may terminate this Agreement Without limiting the foregoing, upon written notice to the Contractor, repeated breaches by the Contractor of duties or obligations under this Agreement shall be deemed a material breach of this Agreement justifying termination for cause hereunder without requirement for further opportunity to cure.

COMPENSATION

The Village will pay the Contractor in accordance with the Contractor’s cost proposal and/or fee schedule in the Contractor’s Proposal. The Contractor shall submit executed invoices monthly, detailing the work performed and date(s) of such work for which the Contractor seeks payment.

Payment for such invoices shall be payable by the Village within thirty days.

NOTICE TO PROCEED

The Contractor is expected to perform all of the services set forth herein for a term commencing upon a Notice to Proceed and ending on May 31, 2028.

MEAL DELIVERY

The Village agrees to accept from the Contractor all the meals delivered daily, six days per week, provided that they are in compliance with the bid requirements. There shall be no meals required for legal holidays designated by the Village, or any other day designated by the Village, provided seven days’ notice is given, or with the exception of days of inclement weather in which case the

Village will notify the Contractor by 8:00 a.m. of that day.

Upon execution of the agreement with the Village, the Contractor shall provide the Village with a plan, in writing, to ensure quality of production and services, which would include the opportunity for program participants to make comment as to taste, appearance and presentation of food and overall satisfaction with the meals provided.

SCHEDULE A

Village of Port Chester Insurance Required for Contractors

I. The Contractor, prior to signing the contract, shall provide to the Village of Port Chester and maintain throughout the life of the contract, at its own cost and expense, proof of the following insurance by insurance companies licensed in the State of New York:

(a) Workmen's Compensation - the Contractor shall take out and maintain during the life of this contract the statutory Workmen's Compensation, Disability, and Employer's Liability insurance for all of his employees to be engaged in work on the project under this

Contract, and, in case any such work is sublet, the Contractor shall require the

Subcontractor similarly to provide Workmen's Compensation, Disability, and Employer's

Liability Insurance for all of the latter's employees to be engaged in such work.

(b) General Liability Insurance with coverage of $1,000,000 per occurrence and $2,000,000 in the aggregate. The Certificate of Insurance shall indicate the following coverage:

i. Premises-Operations;

ii. Any deductibles shall not be the liability of the Village of Port Chester, New York

(c) Automobile Liability Insurance with coverage of $1,000,000. This insurance shall include coverage for:

i. Owned automobiles;

ii. Hired automobiles;

iii. Non-owned automobiles

(d) Umbrella Liability Insurance Policy - $5,000,000 single limit endorsed that the Village of Port

Chester.

(e) Property Damage - Property Damage Insurance shall include the legal liability of its

Contractor for loss or damage to property of the Village of Port Chester.

(f) Workers Compensation/Employer Liability and Unemployment Insurance - The Contractor shall comply with all statutory requirements.

II. The Contractor shall obtain and maintain in full force and effect all of his insurance policies with a reputable insurer licensed to do business in the State of New York with at least a Best

Rating of A-.

III. All policies and certificates of the Contractor shall contain clauses as follows:

(a) The insurance companies issuing the policy or policies shall have no recourse against the

Village of Port Chester, New York for payment of any premium or for assessments under any form of policy.

(b) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of the Contractor.

(c) In case of cancellation or material change in any of the policies, thirty (30) days’ notice shall be given to the Village of Port Chester, New York, by registered mail, return receipt requested.

IV. All property losses shall be made payable to and adjusted with the Village of Port Chester.

V. All policies of insurance shall be acceptable to and approved by the Village Attorney prior to the execution of an agreement between the parties.

VI. Other coverages may be required by the Village of Port Chester on notice and based on specific need.

VII. If at any time, any of the said policies shall be or become unsatisfactory to the Village of Port

Chester, as to form or substance, or if a company issuing such a policy shall be or become unsatisfactory to the Village of Port Chester, the Contractor shall promptly obtain a new policy, submit the same to the Village of Port Chester, for approval and submit a certificate thereof as hereinafter provided. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as above provide, this Contract, at the election of the Village of Port Chester, may be forthwith declared suspended, discontinued or terminated. Failure of the Contractor to take out and/or to maintain or the taking out and/or maintenance of any required insurance, shall not relieve the Contractor for any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor.

VIII. In the event that claims in excess of these amounts are filed by reason of any operations under the contract, the amounts of excess of such claims, or any portion thereof may be withheld from payment due to or to become due the Contractor until such time as the Contractor shall furnish additional security covering such claims.

IX. The general liability insurance policy shall be endorsed to the name of the Village of Port

Chester and any other directors, officers, employees, Contractors, subsidiaries, and affiliates, as additional insured on all policies and Hold Harmless documents, and shall stipulate that this insurance is primary, that any other insurance or self-insurance maintained by the Village of Port

Chester shall be excess only and shall not be called upon to contribute with this insurance. ISO

Additional Insured Endorsement form number CG2010 1185 under GL. Contractors Form B must be utilized and accompany the certificate of insurance.

X. Copies of all insurance policies shall be submitted to the Village of Port Chester

Attorney for approval prior to the signing of the contract.

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