commonwealth of massachusetts - bidnet · web viewbefore written questions are due written and...

Commonwealth Of MassachusettsDepartment of Conservation and Recreation

Request for Proposals forBoat Tour and Transport Concession Operations

At Frazier Pier, Pilgrim Memorial State Park, Plymouth, MaRFP# DCR 2015-425

Table of Contents

I. Introduction....................................................................................................................... 2

A. Proposal Process................................................................................................................ 3

II. Description of the Premises and Applicable Information...................................................6

III. SUBMISSION REQUIREMENTS FOR PROPOSAL......................................................7

A. Mandates........................................................................................................................... 7

B. Description of Entity and Related Experience...................................................................8

C. Description of Services to Be Provided.............................................................................9

D. Financial and Budget Information...................................................................................10

E. Compensation to the Commonwealth..............................................................................10

IV. Evaluation Criteria and Rule for Award..........................................................................11

V. Submission Checklist...................................................................................................... 12

ATTACHMENT A - Premises Maps, Photos........................................................................14

ATTACHMENT B - Certificate of Tax Compliance..............................................................18

ATTACHMENT C - MASSACHUSETTS FORM W-9.........................................................19

ATTACHMENT D - EFT Sign Up Form...............................................................................20

ATTACHMENT E - Proposal Submission Form....................................................................20

A. Site Visit Verification...................................................................................................... 23

ATTACHMENT F –DRAFT PERMIT AGREEMENT.........................................................24

of 47/tt/file_convert/5f83c86520d7350d7813ba71/document.doc

I. Introduction

The Massachusetts Department of Conservation and Recreation (hereinafter “DCR”), in accordance with Mass. Gen. Laws c. 132A §7 and c. 92 § 33; rules and regulations promulgated thereunder, including 304 Code Mass. Regs. §12.12 and 350 Code Mass. Regs. §2.04; and all other enabling powers, is offering the opportunity to qualified individuals, corporations or business entities, whether for-profit or non-profit (hereinafter “Proposer,” or “Permittee”) to operate, manage and maintain a boat tour or transportation concession based at the Frazier Pier in Pilgrim Memorial State Park, Plymouth, MA, (hereinafter the “Premises”), as set forth in this Request For Proposals (“RFP”).

The minimum proposal amount required for this opportunity consists of the following:

1) no less than twenty Thousand ($20,000.00) Dollars per year paid in a lump sum or in no more three (3) installments during the Operating Season.

Upon notice to the apparent winning proposer, the proposer shall remit 1/2 of the proposed fee for the first year as a deposit. The minimum amount proposed should take into account and exclude all costs of operation, cleaning, preparation of the space, obtaining equipment, staff, foodstuffs, additional permits, trash disposal, marketing, insurance, vessel, pier and building related repairs or improvements, utilities, labor, etc., which are the full responsibility of the proposer. Proposers are responsible for assessing the Premises, market, value, budget, and loss and profit factors for the concession.

2) a minimum of 400 free trip passes for environmental / ecological harbor tours to school children through the months of May and June.

These harbor tours must occur on a Monday through Friday basis and shall be built around a minimum of 10 class trips of at least 40 children. The outreach for this program must go beyond the Plymouth School System therefore utilizing different schools every year of the contract. Passes can either: i) be distributed by the contractor and therefore they shall provide to the Pilgrim Memorial State Park Supervisor a list of such groups having utilized this program by September 30th of every year. DCR’s Bureau of Interpretive Services or Partnerships Program may at any time to review and comment on the educational content of this program; or ii) be provided to DCR’s Bureau of Interpretive Services or Partnerships Program

The term for the use authorized herein shall be for a period of one (1) season, with the potential for renewals for up to ten (10) consecutive seasons of operation, commencing in 2016, and expiring at the conclusion of the summer season at the end of the agreed upon term.

The successful Permittee shall, at a minimum, provide an organized, accountable, efficient, safe, clean and professionally-staffed and maintained concession operation to the general public, during a minimum operating season from approximately April through October, i.e. Patriots Day weekend through Columbus Day weekend, during each year of permitted operation, commencing upon receipt of an Award Notice, and submission of all required items to DCR


(proof of insurance, first year permit fee, etc.). Extensions of the season may be considered and shall be pre-approved by the Commissioner of DCR and DCR Region/Operations staff.

DCR is committed to ensuring that permitted concessions enhance the experience of park visitors and promote healthy lifestyles. Responses to this aspect of this RFP should also reflect consideration and obligation to all types of park visitors that products or services sold under the awarded permits will be of good value and high quality (safe, attractive, healthy, and reflect a range of prices points) at all times. DCR will, as applicable, evaluate the number, percentage, and variety of healthy food and drink options in each proposal.

DCR is soliciting competitive proposals pursuant to a determination that such a process best serves the interests of the Commonwealth, DCR and the general public. DCR has the right to accept or to reject any and all proposals, to withdraw or amend this RFP at any time, to initiate negotiations with one or more Proposers, to modify or amend with the consent of the Proposer any proposal prior to acceptance, and to waive any formality, all as the DCR in its sole judgment may deem to be in its and the public best interest. The decision of the evaluation panel and the Commissioner of DCR is final. No costs of responding to this RFP or any addenda or other documents or attendance at meetings in connection with this RFP shall be reimbursed by DCR.

A. Proposal ProcessOverview

A Site Visit prior to submission of a proposal is mandatory. Proposers’ questions must be submitted in writing. Answers to the questions will be posted on COMMBUYS and e-mailed. Interviews of proposers may be held by DCR staff. Proposals received will be evaluated by a panel of DCR staff. The panel will recommend acceptance of a proposal by the Commissioner based upon the results of its evaluation of competitive and qualifying proposals. When the successful proposer has been chosen, a recommendation to the Commissioner of DCR will be made. Deposits, certificates of insurance and a signed permit will be due within ten (10) business days after the Recommendation of the Commissioner is accepted. Upon receipt of all required items a Notice of Award will be issued. Should the winning proposer fail to meet the requirements of the RFP or any other related DCR requirements, DCR may make an award to the next available proposer or withdraw the opportunity altogether.

Site Visits

A visit to the Premises is MANDATORY for each Proposer during the proposal period. An open group Site Visit will be held on FRIDAY, SEPTEMBER 18, 2015 at 11:00 AM at the Frazier Pier Individual Proposers should arrange visit times with local DCR Staff (see contact information below). All Proposers must prove and certify that they have visited the site by obtaining and submitting with their proposal a signature on the sign off as shown in Section VI herein. All proposals shall be deemed to be made with full knowledge and understanding of the existing Premises conditions. Proposal Site Visits must be completed before questions are due.


Frazier Pier – Pilgrim Memorial State Park79 Water Street, Plymouth, MA

Park Office: 508-747-5360

John Roberts, Myles Standish Complex, FOTL

[email protected]

Karl PastoreSouth Region Director

508-866-2580;[email protected]

Questions During the Proposal Period

All Proposer questions must be submitted in writing. Written questions must be received by as listed in below in the Proposal Schedule, and sent to:

DCR Office of Long Term Permits & Leases251 Causeway Street, Suite 600, Boston, MA 02114-2119

By E-mail: [email protected]; or by Fax: 617-626-1351;or by U.S. Mail or hand delivery

ATTN: S. Milano or J. Skoczylas – RFP 2015-425

Inquiries not received by said deadline will not be answered. To ensure fair public notice to all prospective Proposers, DCR staff will reply to all inquiries in writing on the COMMBUYS website (http://www.COMMBUYS.com/). These questions and answers will be posted on or before the date listed below in the Proposal Schedule. No answers to substantive questions will be provided in person or by telephone.

Presentations and Interviews

Following a review of the submitted mandated items and proposals that are timely and otherwise properly submitted, DCR may conduct interviews with proposers. Interviews may be held by teleconference (via phone and/or internet) but in-person is preferred. The purpose of any interview will be to clarify proposals and evaluate the qualities, expertise and operational concepts of the Proposer’s proposal. No additional proposal material will be accepted at interviews.

Correcting, Modifying or Withdrawing Proposals

Proposal documents may be corrected, modified or withdrawn at any time prior to the proposal due date, when the proposal packages will be opened at DCR. Modifications should be submitted in writing, sealed and marked in the same manner as the original proposal package.

Mandatory Terms and Conditions; Permit Issuance

To commence operations, the Permittee must receive and sign a duly issued Award Notice. Thereafter, the DCR will draft and the parties will execute a permit agreement. All provisions, conditions and terms in this RFP and any Award Notice are obligatory and enforceable during the permit drafting process.


http://www.commbuys.com/

mailto:[email protected]



Permit Compliance and Performance

The DCR will periodically review the performance of the Permittee to ensure permit compliance. If the Permittee is found to be noncompliant with any term or condition, the DCR may suspend operations and/or terminate the agreement.

RFP Proposal Schedule

Proposers are encouraged to frequently (daily, weekly) check the COMMBUYS web page for this RFP for any amendments, answers to questions, and any changes to the RFP documents

This schedule is subject to change.Posting Date By December 31, 2015Pre-Proposal Site Visits must be completed A group site visit will be held on

January 14, 2016 at 11:00 AM.Any other visits must be completed Before Written Questions are Due

Written and e-mail questions must be received By 5pm, January 20, 2016Answers to written questions will be posted By 5pm, January29, 2016Proposal packages due at DCR Office By 5pm, February 12, 2016Interviews, if any, will be held Week of February 15-19, 2016Proposal Evaluation Period ends and Recommendation to Comm’r

March 4, 2016

NOTE: Deposits and Insurance Certificates will be due within ten (10) business days after notice to apparent winning proposers

TBD

Award Notice(s) Issued 1-2 wks or after all items rec’d from winning proposer

Finalized Permit and Placard will be issued Once finalized with proposer and approved by all DCR Dept’s.

Proposal Documents - Confidentiality/Public Records

Any information provided to the DCR in any proposal or other written or oral communication between the Proposer and the DCR will not be, or deemed to have been, proprietary or confidential, although the DCR will use reasonable efforts not to disclose such information to persons who are not employees of, or consultants retained by, the Commonwealth or DCR, except as may be required by M.G.L. c. 66. Any items that Proposers consider proprietary, personal, or confidential should be clearly marked as such within the proposal.

Conflict of Interest

Any Proposer that is currently providing goods or services to the DCR as a vendor, consultant, contractor or subcontractor, or in any other capacity, should disclose all projects or contracts that the Proposer is performing for or entered into with the DCR, and the Proposer’s plan to address and resolve such conflicts of interest, if any. The DCR reserves the right, in its sole discretion, to request additional information from a Proposer on potential conflicts of interest and to limit or prohibit the participation of any Proposer due to any conflict of interest. To the extent that M.G.L. c. 268A may be applicable, the Proposers and their officers, agents and employees shall


be fully responsible for ensuring their compliance with the requirements of said chapter 268A.

No Personal Liability

No staff or employee of the Commonwealth or DCR shall be charged personally by the Proposer with any liability under any term or provision of the RFP.

II. Description of the Premises and Applicable Information

Pilgrim Memorial State Park is nine-acre area housing some of America’s most treasured national landmarks including Plymouth Rock and the replica Mayflower II. The Frazier Pier is located in Plymouth Harbor and provides berth to the vessels of this concession operation and the Mayflower II which is usually docked on the opposite side of this pier.

The concession area is located entirely on Frazier Pier and will be a permitted use of a section of the Pier (the north (48’) end and east (150’) side), as well as space on the northeast corner the pier for a temporary ticket booth structure, no larger than three hundred (300) sq. ft. in total. The pier is entirely constructed of wooden timbers. Proposers must inspect the premises fully including pier elements, docking bumpers, building components, stairs, railings, ramps, etc., to ensure the Premises are suitable for permittees vessels and proposed uses. DCR will not guarantee the condition of these elements and is not obliged to make any repairs or expenditures. Proposals should lay out any proposed work and expenditures involving these elements in addition to the minimum proposed compensation to the Commonwealth.

Proposers will be required to assess their need for equipment, ramps, proper storage and removal of equipment and supplies, all considering other uses and users of the park, pier and any buildings and vessels. Proposers should consider the security of the premises, its vessels, the dock and buildings, and any equipment. DCR will not be responsible for damaged or stolen merchandise, equipment, vessels, etc.

The concession area is required to be properly outfitted by the permittee and is required to meet all applicable requirements of law, including building, health and safety codes and any Coast Guard or other applicable related regulations or laws. The Concession is expected to be prepared and open at a minimum by May 15th each year.

The Concessionaire shall be responsible for the design, purchase and installation of any necessary equipment for the concession. The Concessionaire shall be solely responsible for security of the concession and surrounding area. The Concessionaire shall be solely responsible for the necessary replacement of DCR equipment/property located therein. The Concessionaire shall include a schematic plan with its proposal for use of the pier, docking and storage of boats, access and waiting areas for passengers, as well as an exact location of any ticket booths or other structures. Said plans will be subject to DCR approval.

Proposer shall provide a copy of their safety plans for evacuation and rescue at sea, evacuation when docked, and evacuation for building, dock and pier occupants.

The Permittee shall comply with all reasonable requests of authorized DCR staff concerning concession operations, including but not limited to access by delivery or other vehicles, onsite storage, bathroom cleaning, and trash receptacle placement. All proposals shall be deemed to


have been made with full knowledge and understanding of the existing Premises conditions. Proposers are required to obtain their own market and valuation information.

ALL PROPOSERS ARE HEREBY NOTIFIED THAT WEATHER MAY ADVERSELY AFFECT THE NUMBER OF VISITORS TO THE PREMISES. CONSEQUENTLY, THE DCR WILL NOT ISSUE ABATEMENTS OF AGREED UPON FEES TO DCR FOR DIMINUTIONS IN BUSINESS INCOME BECAUSE OF WEATHER, SECURITY REQUIREMENTS, COMPETITION, OR ANY EVENT OR CIRCUMSTANCE NOT IN THE CONTROL OF DCR.

III. SUBMISSION REQUIREMENTS FOR PROPOSALAll proposers must submit a Proposal Submission form attached to this RFP, along with all other required proposal documents and information. All proposals shall be in English, in writing, in a legible format and shall present in clear and sufficient detail the information requested in the following sections of this RFP:

A. Mandates B. Description of Entity and Related Experience;C. Description of Services to be Provided; D. Financial, Rate and Budget InformationE. Compensation to DCR

A. Mandates1. Tax/Service Related Documents:

o Completed and signed Certificate of Compliance with State Tax Laws and with Unemployment Compensation Contribution Requirements (attached to this RFP, Attachment B) and

o a Tax Good Standing Certificate from the MassDOR; and

o a certificate of good standing from the Massachusetts Secretary of State; and/or

2. Any related and necessary permits, licenses or approvals (coast guard, food service, operator’s licenses).

3. Completed and signed Version 2009 Commonwealth W-9 Form (attached at the end of this document as Attachment C); and

4. Documentation from an insurance company or properly licensed broker, authorized to conduct business within the Commonwealth, specifying that the Proposer is qualified to meet and obtain the insurance requirements specified herein (see the requirements in Section 15 of the attached Draft Permit) and any other specialized insurance; and

5. Experience information: (1-5 years required within the last 5 years) and list of proposals, bids or contracts to provide the same or similar services to the public, any municipality, state or other private entity currently or within the past five (5) years; experience of staff including administrative, concession and vessel staff; and


6. Proof and acknowledgement of a Site Visit and completion of the Proposal Submission Form attached to this RFP; and.

7. A written description of the services to be offered, including price lists, operating vessels and number of trips per day, operating schedules, events, etc., general expense and expected revenue budget plan; planned staffing for normal every day operations and for special events; and

8. Compensation proposed to the Commonwealth as detailed in Section E below.

In order to evaluate proposals for their full value and to maximize points awarded (as described in the Rule for Award in Section V below) Proposers should provide information responsive to the sub-sections below. Proposers will be evaluated on the quality of the information provided in the following sections.

B. Description of Entity and Related Experience1. A Complete written description and history of the business entity. Include proposer’s

company experience with this type of property or operation.

2. Proposer must show that it has used, operated, maintained or managed a concession such as the Premises for one (1) or more years within the last five (5) years. This may include additional information such as a detailed list of any current or past contracts for or related or similar operations, work or contracts with any private, municipal or state entity within the last five (5) years. Please include years of service, basic contact information for the owner of the property, or entity accepting service, and estimated contract value.

3. Resumes of all principals and managers. DCR is looking for principals and managers that have demonstrated proof of experience of at least three (3) years in the operation and management of this type of property.

4. A list of the names and addresses of all principals or Managers who have more than a one (1%) percent financial interest in the business entity.

5. An “organizational chart,” preferably in a “tree” form detailing the chain of command of the management and operating personnel of the company and the proposed operation at the Premises.

6. Proposer must provide a list and explanation of job descriptions for all anticipated operating personnel; a list of proposed staff at this location; and include experience and history of staff with the company. No names of actual staff are required at this time.

7. Credit, contacts, relationship with suppliers - Proposer must show it has sufficient equipment and/or contracts to obtain and maintain all the equipment on the entire Premises.

8. Accounting Plan/assistance - Proposer must show that it has reliable and professional accounting support either internally or externally, which could include an auditable Point of Sale payment tracking system. Correspondence from an entity’s accountant, CPA, or bookkeeping company may be sufficient to show such support.

9. Legal issues - Proposer must list any lawsuits, administrative hearings, or other legal proceedings for or related to its business or its management of similar contracts or properties


in which proposer has been either a party or participant within the last five (5) years and include resolution information.

10. Outstanding liabilities – Proposer may not have any outstanding payments due to the Commonwealth, and must demonstrate a good payment history of prior dealings with the Commonwealth.

Any of the above information that contains personally identifiable information (name address, telephone or social security number), or confidential or proprietary information of a third party should be clearly marked as such and provided separately if possible.

C. Description of Services to Be Provided

1. Any additional detailed information describing of:

a. the overall vision of the concession and how it will enhance the visitors’ experience including any food (and the percentage of healthy options) and liquor service (all related permits and licenses and food related insurance must be considered); any educational or charitable programs offered by the proposer and to whom such programs will be offered (how, when) (part 1);

b. proposed use of Premises including sketches, diagrams or other graphic representation and photographs multiple interior and exterior plans for the premises, descriptions or photographs of any and all concession services and vessels demonstrating appropriateness for the park environment, and safety and sea-worthiness of the vessels (part 2); and

2. Complete written description of maintenance, general operations, staffing, training, and financial management plans including:

a. The proposed use of the Premises using sketches or diagrams and including any structural additions, layout changes, signage, and cleaning plans, including any parking area uses or improvements, as well as proposed season dates and hours of operation;.

b. Proposer’s planned marketing, outreach, discount programs, internet marketing, etc., including credits to DCR, if any.

c. Proposer’s auditable sales and accounting plans for the Premises including:

i. Sales plan, including detailed price lists, for the Premises; and

ii. General description of any associated services, merchandise, sales, events, programming or other revenue-generating operations now in place and those planned in the future for the Premises; and.

iii. A plan for the prevention of fraud, waste, theft, and abuse by staff, patrons or other third parties.

d. A description of equipment or contracts for any equipment or other services to be operated on the Premises or as support to the proposer’s operations including repair or service contracts for Proposer’s equipment, if any.


e. Hourly/daily staffing contingency coverage plans, including emergency plans for handling customer safety, accidents, other incidents, damage claims, communications, etc.

f. Safety and security plans for the Premises, vessels, to ensure safety of patrons, staff, other pier and park visitors, and the general public, including vehicle inspection and maintenance, operator certification and training, emergency and daily operations protocols, etc.

g. Any other specialized aspects of Proposer’s services including but not limited to any customer service plans (returns, credits, refunds), emergency procedures, and any other safety, event or other applicable policies and procedures.

3. An operating schedule, including the hours, days, weeks and months of operation, satisfying at least the minimum operating schedule described herein.

4. A detailed, comprehensive and auditable cash management plan.

D. Financial and Budget Information

1. Proposed budget, including operating costs (including, but not limited to, itemization of costs for expenses, labor and materials).

2. Financial statements for 2013 and 2014, including profit and loss statements, balance sheets and cash flows, signed under the pains and penalties of perjury and copies of signed and filed federal and state tax returns for 2013 and 2014.

3. Written documentation evidencing positive and timely payment history from contractual relationships for the previous five (5) calendar years. Said written evidence must be from a qualified and competent payee as well as a responsible and responsive payee.

E. Compensation to the Commonwealth

1. The minimum compensation amount reflecting best value for the Commonwealth should total at least $20,000 (Twenty Thousand Dollars) per operating year.

2. Proposals which do not meet any minimum compensation amount will automatically be disqualified and rejected; however do not over estimate the amount of revenue to be generated and the share payable to DCR.

3. Upon issuance of an Award Notice the successful Proposer shall remit a non-refundable deposit in the form of a certified check in the amount of Ten Thousand ($10,000.00) Dollars), to be credited toward the 2016 operating season.

4. The remaining balance of the 2016 annual fee and subsequent annual fee payments, shall be paid in no more than three equal monthly installments, due at a minimum on July 1, August 1 and September 1 in each operating year.

5. Payments may be made by:


a. Money order, cashier’s check, or certified bank check and shall be made payable exclusively to the “Commonwealth of Massachusetts.” Payments shall include a notation specifying “[________] Concession - [Permittee’s name].”

b. If Permittee desires to make its remaining payment by electronic fund transfers (EFTs). An EFT sign-up form is attached to this document below. Fill out the form and send it along with the W-9 Form to the DCR Finance Office, ATTN: Accounts Receivable Officer/CFO. EFT Payments must include the Permittee’s Vendor Code Number. Permittee should also send an e-mail or fax confirmation to the DCR Office of Long Term Leases and Permits at [email protected].

6. All payments and finance forms shall be sent directly to:

DEPARTMENT OF CONSERVATION AND RECREATION,FINANCE- Revenue Office, 251 Causeway Street, Suite 600, Boston, MA 02114

.7. PAYMENTS SHALL BE DUE WITH OR WITHOUT AN INVOICE FROM DCR.

Non-payment is a material breach and are grounds for immediate suspension and/or termination.

IV. Evaluation Criteria and Rule for AwardDCR will select the responsive and responsible Permittee submitting the most advantageous proposal, taking into consideration all quality requirements and comparative criteria as set forth in this RFP including compensation offered. The numerical point system described below will assist DCR evaluators in reviewing comparative criteria among the proposals.

The minimum number of points which are acceptable out of the possible one hundred (100) points is sixy-five (65) points. The selected winning proposer must earn no less than sixty-five (65) points. Qualifications and point ranges are detailed below:

Mandates Per Section III A above NO POINTS; All Items must be

ProvidedOther Criteria Range of Points

Description of Entity and Experience

Per Section III B above 0-25

Description of Services

Per Section III C above 0-35

Financial, Rate and Budget Information

Per Section III D above 0-10

Compensation Per Section III E above 0-30

Interviews Per Section I above NO POINTS

Total Possible Points 100


V. Submission ChecklistProposals must be delivered to the following EXACT Mailing Address:

Department of Conservation and RecreationOffice of Long Term Leases and Permits

251 Causeway Street, Suite 600, Boston, Massachusetts 02114-2119

ATTN: RFP # DCR 2015 425

Proposals must be received at the above address no later than: 5:00 p.m. on February 12, 2016

If delivering proposals in person, bring package to the 9th floor Welcome Desk.

Tips and Reminders:

Proposers must submit one (1) signed original unbound copy; and one (1) CD disc or clean zip drive containing a copy of their proposal, delivered to the above address. Please conserve paper but provide clear readable information. Be sure that all copies are the same as the original, and include all required items. Be sure to include a completed Proposal Submission Form. Any information that is personally identifiable, confidential or proprietary information should be clearly marked as such and separated if possible.

All envelopes or containers shall be clearly labeled with “RFP # DCR 2015 425” and include a return name, address, and e-mail or phone number on the outside of the envelope. Please include a signed cover letter inside the envelope detailing: contact name, organization mailing address, telephone number (s), cellular telephone contact number(s), and email address(es) and a list of contents should also be included.

Proposals shall clearly state a proposed permit fee compensation offer in US Dollars for each year of operation. Make sure all words and numbers match.

No special preference will be given to proposals received early. No late entries will be considered.

Proposers should check the COMMBUYS site for this RFP frequently (daily or weekly) until notice of award has been received or posted for amendments, answers to questions, updates and any schedule changes.


ATTACHMENTS TO THE RFP:

Attachment A – Premises Maps and Info Attachment B – Certificate Of Tax Compliance Attachment C -- 2009 Mass Substitute Form W-9 Attachment D – EFT Signup Form Attachment E – Proposal Submission Form – Site Visit Verification Attachment F – Draft Permit including Mandatory Terms and Conditions


ATTACHMENT A - Premises Maps, Photos


A. ATTACHMENT B - Certificate of Tax Compliance

CERTIFICATE OF COMPLIANCE WITH STATE TAX LAWS AND WITH UNEMPLOYMENT COMPENSATION CONTRIBUTION REQUIREMENTS

Pursuant to Mass. Gen. Laws c. 62C, §49A and c. 151A §19A, I, ___________________

__________________________________, authorized signatory for

___________________________________________ whose principal place of business is at

______________________________________________________________________________

do hereby certify, under penalties of perjury, that ______________________________________

has, filed all state tax returns and paid all taxes as required by law and has complied with all

state laws pertaining to contributions to the unemployment compensation fund and to payments

in lieu of contributions.

The Business Organization Social Security Number or Federal Identification Number is

_________________________________.

Signed under the penalties of perjury this ________ day of ________________________

20_______.

Signature: _________________________________________________

Name and Title: _____________________________________________


ATTACHMENT C - MASSACHUSETTS FORM W-9 Use only This Year Form


ATTACHMENT D - EFT Sign Up Form

ATTACHMENT E - Proposal Submission Form


COMMONWEALTH OF MASSACHUSETTSDEPARTMENT OF CONSERVATION AND RECREATION

REQUEST FOR PROPOSALS Boat Tour and Transport Concession Operations

At Frazier Pier, Pilgrim Memorial State Park, Plymouth, MaRFP# DCR 2015 425

PROPOSAL SUBMISSION FORM

TO: Department of Conservation and Recreationc/o Office of Long Term Permits & Leases251 Causeway St., Ste. 600, Boston, MA 02114-2119

I, ______________________________ (Proposer) acknowledge receipt of the DCR’s Request for Proposals for Request for Proposals for operation of boat tour related concessions at the Frazier Pier, Plymouth, MA, and submit the following proposal in response thereto:

A. Proposal Format

Operating Year Minimum proposal/year not including tix or

repairs

Additional proposal amount if any – tix and

repairs value or % above certain profit levels

Projected Expenses, costs,

etc.

April to October 2016April to October 2017 if renewed/ extendedApril -October 2018 if renewed/ extendedApril -October 2019 if renewed/ extendedApril -October 2020 if renewed/ extendedApril -October 2021 if renewed/ extendedApril -October 2022 if renewed/ extendedApril -October 2023 if renewed/ extendedApril -October 2024 if renewed/ extendedApril -October 2025 if renewed/ extended

Any additional consideration, requirements, improvements during permitted term to be considered?


B. ReferencesAlong with actual reference letters, please fill out the chart below, or attach a separate sheet.

Name/ Company

Contact Person and Title

Contact Info (telephone, e-mail)

Relationship/type of contract

Years Estimated Contract Value

C. Acknowledgements and Conditions

a. The Proposer acknowledges that it has received and read the RFP and other attachments to the RFP, and the terms thereof are incorporated by reference in its Proposal. The Proposer agrees that if its Proposal is accepted, the Proposer will enter into a Permit Agreement with DCR.

b. By submission of its response to this RFP, the Proposer authorizes DCR to contact any and all parties having knowledge of the Proposer’s operations and financial history, and hereby authorizes all parties to communicate such knowledge or information to DCR.

c. This Proposal constitutes a firm offer. A certified copy of the Proposer’s corporate resolution or other proof of authority to make this Proposal as a firm offer must be attached. This offer shall be held firm and open for a period of one (1) year, effective beginning the date proposals are opened.

d. Proposers are advised to base their proposal only upon the matters contained in this RFP and in any written clarifications (via addenda or answers to proposers’ questions) issued by DCR and disseminated to all Proposers on COMMBUYS. Any questions about the proposal must be submitted in writing prior to the scheduled deadline in the RFP as amended in any notice or on the COMMBUYS website for this RFP. Only questions, which in DCR’s sole judgment materially affect the RFP, will be clarified in writing by DCR and posted to COMMBUYS and/or with copies sent to all Proposers. Only such written clarifications to the RFP or the RFP document itself can be relied upon in the preparation and submittal of proposals.

e. Any costs or expenses incurred in the development of a proposal in response to this RFP will be borne entirely by the Proposer.

f. The information provided in this RFP and any subsequent addenda or related documents is provided as general information only. DCR makes no representations or warranties that the information contained herein is accurate, complete or timely. The furnishing of such information by DCR shall not create any obligation or liability whatsoever, and each Proposer expressly agrees that it has not relied upon the foregoing information and that it shall not hold DCR Liable.

g. By submission of its proposal, the Proposer acknowledges that from and after the Permit Agreement commencement date, the sole basis for the right to operate the Premises as specified in this RFP is by award of the Permit Agreement.

h. DCR is soliciting competitive proposals pursuant to a determination that such a process best serves the interests of DCR and the general public, and not because of any legal requirement


to do so. The Proposer acknowledges DCR’s right to accept or to reject any or all proposals, to withdraw or amend this RFP at any time, to initiate negotiations with one or more Proposers, to modify or amend with the consent of the Proposer any proposal prior to acceptance, to waive any informality to effect any agreement otherwise, all as DCR in its sole judgment may deem to be in its best interest.

i. Non-Collusion Provision. The undersigned certifies under penalties of perjury that this proposal has been made and submitted in good faith and without collusion or fraud with any other unrevealed person or entity. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

j. The Proposer acknowledges that it has read, understood, and agrees to be bound by, all of the foregoing terms and conditions set forth in this RFP and any amendments, in its entirety.

_________________________________________________ Name of Business__________________________________________________ Date _________________Signature of individual submitting proposal__________________________________________________Printed Name and Title:

B. Site Visit VerificationA Site Visit prior to proposal submission is mandatory. If Proposers cannot attend on the scheduled date, they must arrange an alternate date and time with local DCR staff. All proposals shall be deemed to have been made with full knowledge and understanding of the existing Premises conditions.


SITE INSPECTION VERIFICATION

I ______________________, Proposer, visited the Premises site on ____________, 201_.

DCR Staff: ____________________________ __________________________________ Name Signature

Title: _______________________________________ Time/Date: ______________

ATTACHMENT F –DRAFT PERMIT AGREEMENT

NB: THIS DRAFT PERMIT CONTAINS THE BASIC MANDATORY TERMS AND CONDITIONS REQUIRED BY DCR BUT MAY NOT CONTAIN ALL OR THE EXACT THE

TERMS OF THE ULTIMATE PERMIT AGREEMENT ISSUED TO THE WINNING PROPOSER

SPECIAL USE PERMIT AGREEMENTISSUED BY

THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF CONSERVATION AND

RECREATION TO _________________________

This Permit Agreement is hereby issued by the Commonwealth of Massachusetts, acting by and through its Department of Conservation and Recreation (hereinafter the DCR), having a principal place of business at 251 Causeway Street, Suite 600, Boston, Massachusetts, 02114, and ___________ (hereinafter the Permittee), a (individual or company) having a principal place of business located at __________. The DCR and the Permittee are each referred to as a Party to this Permit Agreement and are collectively referred to as the Parties to this Permit Agreement.

WHEREAS, [location], is in the care custody and control of DCR; and

WHEREAS, the DCR publicly advertised a Request for Proposals (hereinafter “RFP”) to operate, manage and maintain a [ ] at [ ] for a term of [ years/months], from [ ] to [ ]; and

WHEREAS, the Permittee voluntarily responded to the RFP with a proposal (hereinafter Permittee’s Proposal) and seeking this business relationship; and

WHEREAS the Permittee’s response, after careful consideration, was determined to be the best value to the Commonwealth and DCR; and

WHEREAS, the DCR has the authority pursuant to Massachusetts General Laws Chapter 7, and Chapter 132A, §§ 2B and 2D, and the rules and regulations promulgated thereunder, (including Titles 304 and 350 of the Code of Massachusetts Regulations, including but not limited to 304 CMR 12.00), and all other powers enabling; and

NOW, THEREFORE, the DCR hereby grants to the Permittee the exclusive right to operate, manage and maintain a boat tour or transportation

concession based at the Frazier Pier in Pilgrim Memorial State Park, Plymouth, MA, in an area as defined and designated by the DCR Park Supervisor or designated DCR managerial staff member, located at the [location], Boston, MA, (“hereinafter “Premises”), subject to the following terms and conditions:

1. PERMIT AGREEMENT TERM

a. The Term for the use authorized herein shall be for a period of [___] consecutive [years], commencing on [ ] and terminating on [ ] subject to review of the Permittee’s performance and compliance with all terms and conditions of this Permit Agreement.

b. If the Permittee is found to be noncompliant with any term of this Permit Agreement, and does not remedy the matter promptly, the DCR may immediately revoke the license and terminate this Permit Agreement. See Section 24 below for termination provisions.

c. Permittee's use of the site is not exclusive unless otherwise specifically provided for herein. Members of the general public may use the site subject to the rules and regulations of DCR.

2. CONSIDERATION

a. In exchange for use of the Premises for its business, the Permittee has proposed and shall be required to pay to DCR the total consideration of [spell out total amount in words for total term ($__.00) Dollars], as set forth in the Permittee’s Proposal.

b. Payment for the first year’s Term, in the amount of [spell out amount ($_,0.00) Dollars], is due in full upon issuance of an Award Notice or the start of operations whichever occurs first.

c. Payment of the remainder of the total compensation as proposed by the permittee shall be paid to the Commonwealth via DCR, for each subsequent season of the Term. Compensation for each subsequent season of the Term shall be paid in quarterly/semi-annual, or annual installments over the course of each season as follows:

Year Amount/When DueMonthly/

by June 30/by Oct 31 each year

Year 1: $ $ Paid upon Award NoticeYear 2: $ $ [---][in quarterly, semi-


annual, annual; payments ]Year 3: $Year 4: $Year 5: $

d. DCR shall endeavor to bill Permittee by invoice for each payment as detailed above. Each invoice shall be paid within thirty (30) days of the invoice date. However, whether or not an invoice is issued, permittee is liable for the payments as set forth in their proposal and accepted by DCR. Any nonpayment shall be a material breach and cause for termination of this Permit Agreement, pursuit of remedies by the Commonwealth and DCR consistent with the Termination provisions herein.

e. Any request to reduce the compensation amount proposed is considered an abatement request. All abatement requests must be presented in writing with sufficient information and background for approval by the Commissioner of DCR and ultimately the Office of the State Comptroller. Abatements will not be granted for weather, competition, or other circumstances beyond the control of DCR. Permittees should consider the option of withdrawing from the Permit with notice to avoid the necessity of abatements.

f. Payments may be made by using a money order, cashier’s check or certified bank check and shall be made payable exclusively to the “Commonwealth of Massachusetts.” If Permittee desires to make its remaining payments by electronic fund transfers (EFTs), EFT Sign up forms can be obtained at this link: https://massfinance.state.ma.us/VendorWeb/EFT_FORM.pdf. Fill out the form and send it along with a W-9 Form to the DCR Finance Office. Payments shall be sent directly to:

Department of Conservation and Recreation251 Causeway Street, Suite 600, Boston, MA

02114-2119Attn: Finance Office, Accounts Receivable or

CFO

g. Payments shall include a notation specifying the [park name, town, or site location identifier (Both DCRs ID and Permittee’s ID if any)] as well as the Permittee’s name. EFT Payments must include the Permittee’s Vendor Code Number and Permittee should send an e-mail or fax confirmation to the DCR Finance Office.

3. CONCESSIONS AND SERVICES

a. The Permittee shall operate, manage and maintain a [ ] at the Premises and shall not be utilized for any other purpose. See Exhibit [__], attached and incorporated hereto on specific service conditions and requirements applicable to the referenced business.

b. The DCR shall have the right to object to the character of service or particular scope of deliverance. If the Permittee wishes to provide any new service or new particular scope or type of deliverance, it shall submit a non-electronic written request for prior approval from the Commissioner. In approving or denying said request, the DCR shall take into consideration the public’s (visitors, most users) best interest.

4. OPERATING SCHEDULE; SERVICE PRICING

a. The minimum operating schedule shall be: The hours will be: [from _ to _, daily, including weekends and holidays]. Should the Permittee be required or compelled to close it must give notice to the DCR Park Supervisor, the Office of Long Term Leases and Permits. Permittee’s decision to open or close will not constitute a reason for abatement of the proposed compensation amount without approval in writing from DCR’s office of Long Term Leases and Permits and Finance Departments.

b. The Concession shall be prepared and opened by a date to be established by the DCR Park Staff pursuant to the Award Notice.

c. During periods of closure due to inclement weather or any other cause not within the control of the DCR, all other obligations of the Permittee shall not be waived. The DCR shall not be responsible for any costs incurred or revenue lost due to closing or re-opening of facilities under the provisions of this paragraph.

d. The DCR may schedule special events at the Park. The sponsors and/or special event personnel may be permitted to offer similar items as those offered by Permittee. The Permittee shall make every effort to accommodate such events.

e. Fees, rates, additional charges and discount details must be made clear to patrons in all signage. Any discount rate and validation agreements with third parties should be


https://massfinance.state.ma.us/VendorWeb/EFT_FORM.pdf

https://massfinance.state.ma.us/VendorWeb/EFT_FORM.pdf

submitted to DCR for prior approval. Permittee shall post notice of any changes to fees, rates, charges and discounts for patrons and provide DCR with such information prior to institution of new fees, rates, and charges.

f. All service rates shall be reasonably priced in accordance with those offered throughout ________/radius and/or the industry. Rate sheets and pricing changes should be furnished to DCR prior to the beginning of each fiscal year (July 1).

5. PERMITTEE’S EMPLOYEES AND STAFF (as applicable)

a. The Permittee shall hire, and direct any contracted vendors to hire, qualified, competent employees, in sufficient numbers to provide an efficient service to the public.

b. All concession employees shall wear identifiable uniforms or an article of clothing or carry approved company identification to exhibit to the Park Supervisor and members of the public.

c. The Permittee shall deliver to the DCR Park Supervisor and Regional Manager an up-to-date list of all employees at the start of each operating season, the delivery schedules, and when changes to the staff are made.

d. Permittee shall provide proof that it carries Worker’s Compensation coverage.

e. Permittee may be required to provide evidence of CORI/SORI background search results or clearance, other background or security check clearance, and/or any applicable licensure, operational or inspectional requirements for employees, vendors, subcontracted vendors or the employees or vendors of any subcontractors, as requested by DCR, MSP or other local, state or federal agencies.

6. CONDITION OF PREMISES

a. The Permittee acknowledges that it has made an inspection of the Premises and that the Premises is in a satisfactory condition, suitable for the purposes of this Permit Agreement in its existing condition, and that it has not relied upon representations or statements of the DCR, its officers, employees or agents with respect to these conditions. The Permittee expressly agrees that the DCR has no obligation to make any alterations, repairs, additions, or improvements to the Premises.

b. The risk of loss resulting from any natural weather phenomena or occurrences remains with the Permittee. Compensation due to the DCR shall not be reduced or abated in any manner due to said natural weather phenomena or occurrences.

c. The location of the Premises shall be determined solely at the discretion of the appropriate Park Supervisor or designated DCR staff member. The aforementioned Park Supervisor or DCR staff member may change the location of the Premises at any time during the Term of this Permit Agreement. The Permittee shall strictly comply with the instructions of DCR staff.

d. No public address system, amplified sound or signs, or amusement, video, electronic or coin-operated games or machines shall be permitted on the Premises without the prior approval of the DCR. Any music used within the Premises shall have final approval of the DCR. No automobile, truck, generator or other equipment (‘equipment”) shall be allowed on the Premises or to remain if such equipment emits excessive exhaust, noise, oil or other liquids, gases or smells.

e. The Permittee shall not store any items outside the Premises. Any and all related deliveries shall be made in such a manner as to have the least negative impact on the visiting public.

f. The Operator shall be responsible for the security of its items and its use of the Premises. DCR makes no representations as to the safety and security of the Premises or the Park.

g. The Permittee shall be solely responsible (financially and for labor costs) for any damage, destruction, vandalism or similar


caused to the Premises by the Permittee, its members, guests, business invitees, agents, employees or similar. Any damage shall be immediately repaired to the satisfaction of the Park Supervisor and Regional Manager. Said repairs shall be performed immediately.

7. INSPECTIONS AND REPORTS

a. The Permittee shall arrange for inspections by local health officials, utilities engineers, building inspectors and others as may be required.

b. After notification to DCR, the Permittee shall take prompt action to correct any condition that is found not to be in compliance with any federal, state or local regulation, code or statute.

c. The Permittee shall agree to obtain at its own expense all permits and licenses necessary for the operation of the Premises. Failure to obtain any required licenses, prior to operation of facilities for which permits are required, or failure to maintain such licenses in full effect throughout the term of this Permit shall be cause for termination of this Permit by the DCR.

8. CONSTRUCTION ON THE PREMISES

a. Any proposed improvements, modifications, or build-out of the Premises shall be subject to written pre- approval by the DCR Commissioner after review and approval by the DCR Director of the Division of Planning and Resource Protection, Engineering Department, the applicable Parks Regional Director and District Manager, and the Office of Long Term Permits & Leases. All costs incurred under this section (including but not limited to local, state and federal permit application fees, construction, labor, materials, professional landscaping, architectural fees, etc.) are the sole responsibility of the Permittee and require pre-approval by authorized DCR Parks, Engineering, Planning, and Legal staff. Note prevailing wage and contractors insurance may be required depending on the nature of the work. Ordinary and everyday maintenance, such as minor repairs to the wiring, plumbing and structure, may be performed by the Permittee utilizing properly licensed and insured contractors, after notice to, and confirmation in writing from, DCR Parks, Engineering, and Long Term Leases and Permits departments.

b. Prior to the commencement of any work on the Premises, plans and specifications shall be submitted to the DCR for pre-approval. Plans and specifications shall be submitted and approved by the DCR Director of the Division of Planning and Engineering, Engineering, the applicable Regional Director, District Manager and Office of Long Term Permits & Leases.

c. All improvements to the Premises shall immediately become the property of the DCR with the exception of personal equipment of the Permittee which can be removed without damage to any structure on the Premises. Items installed into walls, attached to plumbing or heating systems, and the ground shall become fixtures unless the parties otherwise agree in writing.

d. Any damage to any structure on the Premises or surrounding area caused by the installation or removal of an improvement by the Permittee shall be repaired to a condition satisfactory to the DCR at the Permittee’s sole expense.

e. The Permittee may commission an electric


utility company or internet provider, to provide service for cash registers, refrigeration and other appliances, subject to DCR pre-approval in writing of the planned items, installation methods, and layout. All costs are the sole responsibility of the Permittee.

f. The Permittee shall conform to all rules and regulations of the DCR and those of all other state, federal and local agencies, including Mass. Gen. Laws requiring approval by the Massachusetts Historical Commission or any other applicable body before any work which involves excavation or disturbance of any soils can commence.

9. UTILITIESa. The Permittee shall be responsible for all costs

associated with installation, maintenance, repair and use of all utilities within and on the Premises, unless otherwise agreed to by the Parties. The Permittee shall be responsible for all costs of water, sewerage, electricity, fuel, oil, telephone, or any utility used and consumed in connection with the operation of the Premises, and in connection with all structures located thereon. Once invoices are received for the consumption of utilities, the Permittee shall make prompt payment to the provider of said utilities.

b. The Permittee acknowledges that in the event utility service is discontinued by a utility service provider and said disconnection adversely affects the operations on the Premises, the DCR shall have the right to terminate this Permit Agreement forthwith and, to the extent such utility discontinuation was caused by Permittee and/or Permittee’s concession, the DCR may seek remedies in accordance with the Permit Agreement or as otherwise provided by law.

10. EQUIPMENT MAINTENANCE AND REPAIR; LEASED EQUIPMENT

a. Any and all equipment and structures on the Premises used by the Permittee to perform the activities authorized by this Permit Agreement shall be maintained in good operable condition by the Permittee. All such equipment shall be cleaned, tested and repaired by the Permittee, who shall bear all costs related to such repairs.

b. Any damage to any structure on the Premises or surrounding area caused by the installation

or removal of equipment by the Permittee shall be repaired to a condition satisfactory to the DCR at the Permittee’s sole expense.

c. The Permittee shall identify and notify DCR of any leased equipment to be used on the Premises prior to the execution of the permit or whenever acquired by Permittee. The Permittee shall be solely responsible for any obligations under any leases. Vending machines, if any are approved, shall be operable whenever the Premises are available to the public. The Operator shall be solely responsible for the installation and maintenance (cleaning, filling, repairs, etc.) of the Machines. Advertising on leased equipment shall be kept to a reasonable amount and pre-approved by DCR’s External Affairs Department per Section 11 below. At the termination of this agreement, it will be Permittee’s responsibility to fulfill any remaining obligations under the lease arrangement so that title to said equipment can be passed directly to the Commonwealth prior to Permittee vacating the Premises. Equipment shall be described in detail that includes brand name, type of equipment and serial number, if applicable.

d. Any equipment that is affixed in a permanent manner including but not limited to: plumbing fixtures, sinks, hard-wired appliances, built-in refrigeration equipment, or exhaust, fume, and fire suppression systems, poles, awnings, fences, etc. affixed to a wall, ceiling, or in or on the grounds of the Premises shall become the property of the Commonwealth unless otherwise agreed in writing by the parties.

11. ADVERTISING; MARKETING

a. The DCR shall pre-approve all on-site advertising, including advertising directly related to the services authorized herein. Said advertisements, signs, circulars, brochures, letterheads and like materials are subject to and conditional upon written pre-approval of the Commissioner of DCR after review and approval by the Office of External Affairs, Legal and the Office of Long Term Leases and Permits.

b. The Permittee, in its advertisements, signs, circulars, brochures, letterheads and like materials, as well as oral representations, shall


not misrepresent in any respect the facilities provided or the status or condition of the Premises. The fact that the Premises constitutes Commonwealth parklands under the care and control of the DCR shall be made apparent in any brochures and advertising regarding use and management of the area and facilities.

c. The DCR reserves the right to develop “marketing partnership” agreements identifying specific brands as the “designated” sponsors of the DCR. The DCR may require that the Permittee limit competing advertisement at the request of a sponsor for certain events or certain periods of time.

d. The DCR may require the Permittee to offer themed products for sale that promote natural resources, including but not limited to natural resources pertinent to the surrounding environment (e.g., books, “bug boxes” and animal print tracking guides).

e. The Permittee shall, at its sole expense and subject to the approval of the DCR, post the names and prices of products sold on the Premises on printed signs or within the machines. No handwritten signs shall be permitted on the Premises.

f. The Permittee shall withdraw any advertising or desist from any promotional activity, upon request from the DCR, should the DCR determine that such advertising or promotional activity is inappropriate.

g. The DCR retains the right to refer to the facilities on the Premises in any advertising or promotional activity as its own.

h. The graphics and verbiage on signage directing members of the general public to the Premises shall be developed by the Permittee at its sole expense, with the input and pre-approval of the Commissioner of DCR, and shall be placed in locations authorized by the Commissioner of DCR.

12. ACCOUNTING AND REPORTING

a. The Permittee shall deliver to the DCR, Attention: Office of Long-Term Leases and Permits, Attn: Sue Milano by the end of each season (no later than October 1st of each year of the term of this Agreement) or prior to the start of each new season, a basic summary

report, or a financial statement (or if available an audited financial statement by a certified public accountant) showing the current or prior seasonal income, expenditures, and number of patrons on a consistent basis (i.e. daily, weekly, or monthly), the reports may consist of any of the following: a balance sheet, profit and loss, income statement, statement of cash flows for the prior season, or a copy of any financial information relating to the Premises as reported to the Massachusetts Department of Revenue, Attorney General’s Office, or the Internal Revenue Service.

b. All sales of any nature on the Premises and related to the business of the Permittee should be immediately and properly recorded using an auditable sales system (paper or electronic) provided by the Permittee and satisfactory to the DCR Park Supervisor, Regional Manager, and Office of Finance, Chief Financial Officer. If consecutive daily readings are possible, such shall be taken from each machine or system showing all sales and tax categories, and posted to a daily sales report. Permittee shall also maintain a journal or log which records the daily volume of patronage. Such reports shall be provided to DCR’s Office of Finance and Office of Long Term Permits and Leases on a monthly or seasonal basis and additionally upon request. If daily reporting is not possible such information shall be prepared at least monthly.

c. Permittee acknowledges that such information may become a public record and subject to review by DCR and Commonwealth agencies authorized to review DCR activities. The Permittee shall make all of the accounting books and supporting records of its business activities, relating to the management, operation and maintenance of the Premises, available for analysis and duplication by representatives of the DCR, or Commonwealth agencies authorized to review DCR activities upon request by DCR’s CFO or Long Term Leases and Permits Manager. If DCR is able to do so reasonable notice will be provided to Permittee.

d. The Permittee shall pay all expenses incurred in providing the above described reports at its sole cost. The Permittee acknowledges the importance of these reports and that the failure


to provide these reports is a material breach of its responsibilities under this Permit Agreement.

13. TAXES

The Permittee shall be responsible for prompt payment of any and all applicable federal, state and local taxes, including but not limited to the Massachusetts state meals tax, as levied on the operations conducted under the exercise of this Permit Agreement. Failure to make timely payment of taxes for which Permittee is responsible shall be cause for termination of this Permit Agreement pursuant to the termination provisions in this Agreement.

14. RISK OF OPERATION AND INDEMNIFICATION

a. The Permittee shall assume all risk in connection with any and all activities engaged on the Premises and shall be solely responsible and answerable in damages and any other remedies for all accidents or injuries to all persons or property caused by the Permittee’s activities.

b. The Permittee shall be responsible for the security of the Premises and the protection of the assets and property of the DCR. The Commonwealth shall not be responsible for property of the Permittee’s contractors, agents, representatives, employees, permittees, licensees, guests and invitees.

c. The Permittee shall agree to defend, hold harmless and indemnify the Commonwealth of Massachusetts, the DCR and its agents, officers and employees from any claims arising out of any violation of any law, ordinance or regulation affecting the activities authorized herein by this Permit Agreement, from any claims for personal injury or death or damage to personal property, of whatever kind or nature, arising from the Permittee’s activities on the Premises, including claims arising from the negligence or carelessness of the Permittee, its contractors, agents, representatives, employees, permittees, licensees, guests and invitees, as authorized under this Permit Agreement and claims arising from the Permittee’s failure to provide adequate security on the Premises.

d. The Permittee shall not make any claims against the Commonwealth or the DCR for any

injury, loss, or damage to persons, including bodily injury or death, or damage to property arising out of or in connection with the actions or omissions of the Permittee, its contractors, agents, representatives, employees, permittees, licensees, guests and invitees, as authorized by this Permit Agreement, except for the gross negligence or gross misconduct of the DCR, its contractors, agents, representatives, employees, permittees, licensees and invitees.

e. The Permittee shall waive any and all claims for compensation for any and all loss or damage sustained by reason of any interference by any public agency or official in the operation of this Permit Agreement.

15. INSURANCE

a. The Permittee shall carry insurance at minimum in the types and amounts as described in this section of the Permit Agreement at its own expense:

i. General/Public/Products Liability Insurance . The Permittee shall carry appropriate public liability insurance as to third persons and products liability insurance against claims based upon the services provided in at least the minimum amount of one Million ($1,000,000.00) Dollars in the event of death or injury to one individual (per occurrence) and a minimum of Two Million ($2,000,000.00) Dollars in the event of death or injury to more than one individual (in the aggregate), or such higher amounts of liability insurance coverage the DCR shall reasonably require from time to time.

ii. Insurance for Commonwealth Property, if applicable. The Permittee shall furnish proof of property damage insurance for Commonwealth and DCR equipment in at least the minimum amount of One Million ($1,000,000.00) Dollars or such higher amounts of liability insurance coverage that would be prudent (i.e. to cover loss or damage of or to the pier elements) or that the DCR shall reasonably require from time to time. This insurance must be primary and non-contributory.

iii. Fire and Casualty Insurance . The Permittee shall carry fire and casualty liability insurance for its own property in at least the minimum amount of Five Hundred


Thousand ($500,000.00) Dollars or such higher amounts of liability insurance coverage the DCR shall reasonably require from time to time.

iv. Additional insurance if/as required for particular business type. Permittee should consult with insurance and legal professionals to ensure they have any other insurance, additional endorsements, or gap coverages in place that would be prudent to carry for the type of insured, proposed use, and location, i.e. inland marine, vessel related, worker’s/seaman’s compensation, motor vehicle, business risk/loss, officers and directors, vandalism, wind, flood, etc.

b. The Permittee shall furnish Certificates of Insurance issued by an insurer or insurers qualified to do business in the Commonwealth to the following DCR offices prior to execution of the Permit Agreement and updates by April 1st of each subsequent year of the Permit Agreement Term:

Department of Conservation and RecreationOffice of Long Term Leases and Permits, Attention: Manager251 Causeway Street, Suite 600, Boston, MA 02114Fax: 617-626-1351; E-mail: [email protected]

Failure to furnish or maintain said policies of insurance for the entire term shall be deemed a material breach of the Permittee’s duties under this Permit Agreement.

c. The Department of Conservation and Recreation shall be explicitly named as an additional insured on all insurance policies.

d. If the Permittee’s insurance provisions, terms, coverage, etc. are amended, changed, suspended, expired or cancelled in any fashion, the Permittee must either purchase a notice endorsement from its insurer or notify the DCR verbally immediately and shall notify the DCR in writing within thirty (30) business days. Non-renewal or replacement of insurance shall be deemed a material breach of this Agreement.

16. COMPLIANCE WITH LAWS

a. The Permittee shall comply with all federal, state, local and other governmental statutes,

regulations and ordinances affecting the Premises and the Permittee’s activities thereon and shall cause its employees, contractors and agents to do the same.

b. If the Permittee is notified by any regulatory agency having authority over the Premises that the Permittee’s operations are in violation of an applicable rule, regulation or statute, the Permittee shall take immediate action to cure said violations. If the Permittee fails to take prompt remedial measures, the DCR may suspend or terminate the Permittee’s operations on all or any part of the Premises.

17. LICENSES AND PERMITS

a. The Permittee shall obtain, at its own expense, all permits, licenses, etc., required by the federal government, the Commonwealth, local municipalities or similar for its operation and any construction on the Premises.

b. Failure to obtain any required permits, licenses, etc. prior to operation of facilities for which permits are required, or failure to maintain such licenses in full effect throughout the Term of this Permit Agreement shall be cause for termination of this Permit Agreement by the DCR.

18. HAZARDS AND REPORTING SYSTEM

a. The Permittee shall periodically inspect all areas used by the public in and around the Premises for the presence of unsafe or hazardous conditions (including but not limited to dangerous trees and hanging limbs) and shall promptly remedy such conditions when found and shall promptly report the conditions to the DCR. The Permittee shall develop an accident reporting system and shall ensure that all employees understand and comply with said system. The Permittee shall make and preserve records of all accidents, emergencies and administration of medical aid on Premises.

b. The Permittee shall immediately verbally notify DCR staff of any injuries, closures, property damage or related incidents that occur on the Premises and shall provide written notice to the DCR within five (5) calendar days of said incident. The written notice shall provide a detailed account of the incident including but not limited to the nature of the incident, the names of any individuals involved and the names of any and all witnesses, all



phone numbers, addresses and contact information of affected individuals and witnesses and the names of any agencies (federal, state, and/or local) that responded to the incident.

c. If the Permittee is notified by any regulatory agency having authority over the Premises that the Premises operations are in violation of an applicable rule, regulation or statute, the Permittee shall take immediate action to cure said violation. If the Permittee fails to take prompt remedial measures, the DCR may suspend the operations on any part or all of the Premises.

19. HEALTH, ENVIRONMENTAL AND SANITARY STANDARDS

a. The Permittee shall be responsible for all cleaning, housekeeping and sanitation, related to its use and shall maintain high standards of housekeeping and sanitation at all times in all areas of the Premises, in accordance with all applicable laws and regulations, and to the satisfaction of the Park Supervisor. The Permittee shall be responsible for all litter pickup, off site trash disposal, cleaning, housekeeping and sanitation within the Premises and within a reasonable radius of the Premises as designated by Park Staff. The DCR shall have the right to inspect the level, frequency and competency of housekeeping and sanitation being performed at any time without prior notice.

b. Garbage and trash shall be disposed of by the Permittee at a minimum of once daily by removing it from the Premises to an authorized disposal area, other than a DCR receptacle. Said removal and disposal shall be at the Permittee’s expense. At the end of the operating day, the concession area shall be left in a clean and orderly condition and secured in a professional manner that is acceptable to the DCR Park Staff.

c. The Permittee shall when possible recycle all cardboard and plastic materials used in the operation of the concession and shall encourage its vendors and patrons to do the same. Other recycling (i.e. food waste or other items) may require additional licenses and permits from other entities (local ConComm, Mass. Department of Environmental Protection, etc.) or shall be properly disposed

according to local or state ordinance, bylaw, regulation or law. Any such permits shall be obtained by the Permittee after notice and approval by DCR in writing. Knowledge of applicable laws is the burden of the Permittee.

d. All cooking oils shall be deposited and disposed of in accordance with strict health, environmental and sanitary standards. All cooking oils shall not be deposited or disposed of on the Premises or on any Commonwealth property. Associated drains and exhaust, trap equipment shall be cleaned and maintained properly on a regular basis by the Permittee.

e. The Permittee shall strictly comply with all health, environmental and sanitary standards and conditions required by applicable local, state and federal, ordinances, by-laws, statutes and regulations including but not limited to state health related laws, state health department regulations, DCR regulations, local bylaws and applicable environmental and administrative orders. The burden of compliance and knowledge lies with the Permittee as an operator of a business requiring such compliance.

f. As applicable for food trucks, mobile carts with engines, etc. Permittee shall control and avoid unnecessary engine idling which can be a significant source of air pollution, particularly for people near the source. M.G.L Chapter 90, §16A, provides that:

No person shall cause, suffer, allow or permit the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes.

Electric sources for permittee power or mitigation of exhaust should be explored and used. DCR does not guarantee secondary sources of power. The burden of outfitting the vehicle and obtaining such power is on the Permittee.

20. USE OF HAZARDOUS SUBSTANCES OR CHEMICALS

a. The Permittee shall not use, release, discharge or similar, hazardous substances or chemicals or materials that cause undue harm to persons or the environment, including but not limited to oil, cleansers, pesticides, and contaminated food related items.


b. Only those materials approved and registered by the U.S. Environmental Protection Agency for the specific purpose planned shall be considered for use on the Premises. Label instructions shall be strictly followed in the preparation and application of pesticides and other hazardous substances and disposal of excess materials and containers. Any and all applications shall be duly licensed by the Commonwealth and EPA and any other applicable agency or entity. The burden of compliance and knowledge lies with the Permittee as an operator of a business requiring such compliance.

21. ACCESS AND INSPECTION

The Commonwealth, its agents, employees, permittees, licensees, guests and invitees shall be given full and unrestricted access to and upon the Premises at all times during the Term of this Permit Agreement to inspect the Premises and to inspect the operations and equipment of the Permittee.

22. LAND MARKERS AND MONUMENTS

a. The Permittee shall take reasonable precautions to protect all public land survey monuments, public land boundary markers, and private property corners.

b. In the event that any such markers or monuments are disturbed or destroyed, the Permittee shall give notice to DCR immediately and take appropriate action to re-establish them in accordance with specifications of the town or county surveyor, or the DCR, or any other authorized entity (i.e., Massachusetts Historical Commission).

23. NON-DISCRIMINATION

a. The Permittee shall acknowledge that there shall be no discrimination against any employee who is employed in the work covered by this Permit Agreement, or against any applicant for such employment, based on race, color, religion, sex, sexual orientation, age, national origin, veterans’ status, or physical or mental handicap. This provision shall include, but is not limited to, the following: upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

b. The Permittee acknowledges that there shall be no discrimination against any customer or potential customer of the Permittee based on race, color, religion, sex, sexual orientation, age, national origin, veterans’ status, or physical or mental handicap.

c. The Permittee shall comply with all applicable federal and state statutes and rules and regulations promulgated thereunder prohibiting discrimination in employment.

d. In the event that a claim is filed against the Permittee with the Massachusetts Commission Against Discrimination (hereinafter the MCAD) or any court of the Commonwealth, the Permittee shall cooperate fully with the MCAD or any court of the Commonwealth in the investigation and disposition of the claim. The Permittee shall assume all legal fees and costs in connection with the defense of such claim.

e. In the event of noncompliance with provisions of this section, the DCR may impose such sanctions as it deems appropriate, including but not limited to immediate termination or suspension of this Permit Agreement.

24. TERMINATION

a. This Agreement shall terminate on [ ] unless this date is properly amended in accordance with all applicable laws and regulations or by agreement of the parties prior to the termination date, or unless terminated or suspended under the provisions of this Section.

b. The DCR may terminate the Permit Agreement without penalty for or in the event of an elimination of an appropriation or availability of sufficient funds for the purposes of this Agreement, or in the event of an unforeseen public emergency mandating immediate DCR immediate action.

c. DCR may terminate this Permit Agreement for any other reason given at law, including bankruptcy of the Permittee, by giving written notice of termination to the Permittee at least [thirty (30)] calendar days prior to the date of the proposed termination. Permittee may be granted the right to cure any such condition, by curing said condition within ten (10) business days of receipt of notice. If the condition cannot be cured within ten (10) days, Permittee must give written notice with a thorough


explanation of why additional time is required. The grant of additional time is within the sole discretion of the Commissioner of DCR.

d. Permittee expressly agrees that neglect or failure to perform any of its agreements or obligations under the Award Notice, the RFP or this Permit Agreement shall be a material breach and cause for immediate termination in accordance with this Section and will surrender the Premises in a condition satisfactory to the DCR and without damage to the Premises.

e. The Permittee may terminate this Agreement upon no less than sixty (60) calendar days written notice to DCR. Any walk though, clean up, repairs and final payments shall be made during that period.

f. Upon termination, permittee shall leave the Premises in broom clean condition for fixed locations and in a natural condition for outdoor locations. Broom clean shall mean no debris, oil, containers, items, left behind; and aside from reasonable wear and tear, in a condition for use by DCR or any other user. Excessive damage or repair costs incurred by DCR may be charged to the permittee. Failure to leave the premises in a reasonably clean condition may constitute a detrimental point of record against the permittee on future opportunities, collection costs, etc. The condition and any mitigation or repairs may be determined by the Park Supervisor with Permittee prior to the end of the Agreement. Any fixtures to walls or the ground shall either remain as fixtures or upon agreement of the parties be removed promptly (no more than fourteen (14) calendar days after termination of this Agreement unless otherwise agreed between the parties).

g. Failure to vacate; holdover.

Should the Permittee remain on the Premises, continuing to operate past the agreed upon termination date without an extension or other express written permission of DCR, Permittee shall charged and shall pay 100% of the agreed upon consideration as provided in Paragraph 2 and continued insurance above until Permittee removes itself and its personal property from the Premises pursuant to this Paragraph and subsections. Such amount may be prorated on a daily, weekly or monthly amount. Holdover may also be defined as the failure to remove

large unwanted items, fixtures, or equipment; any sub-user or other type of occupant from the Premises at the end of the term of this Permit Agreement also constitutes a holdover by Permittee. Permittee is authorized to act on behalf of DCR for the limited purpose of removal of any sub-user or occupant, even after termination of the Permit Agreement. Permittee may be charged with any removal and restoration costs. Should there be any authorized or unauthorized sub-user (including spouse, partner, shareholder, employee, etc.) of the Premises, the Permittee shall be responsible at its sole cost and expense for removing any person or entity authorized or unauthorized by the Permittee from the Premises who may have been on the Premises prior to the termination of this Permit Agreement and continues to occupy a portion of the Premises thereafter.

25. STATUS OF PERMIT AGREEMENT

a. The relationship of the Permittee to the Commonwealth of Massachusetts and the DCR is that of a licensee to a licensor.

b. The Permittee covenants that it will conduct itself consistent with such status, that it will neither hold itself out nor claim to be an officer or employee of the Commonwealth by reason hereof, and that it will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the Commonwealth of Massachusetts including, but not limited to, Workers’ Compensation Coverage, unemployment insurance benefits, social security coverage, retirement membership or credit.

c. Nothing herein contained shall create or be construed as creating a legal partnership between the DCR and the Permittee, or to constitute an agency with the Permittee as an agent of the DCR or the Commonwealth.

d. The Permittee acknowledges that this Permit Agreement does not confer any rights in real property to the Permittee.

e. As a licensee, the Permittee may enter and use the Premises solely for those purposes and pursuant to the provisions contained in this Permit Agreement.

f. Any use of the Premises by the Permittee that is inconsistent with the terms of this Permit


Agreement shall be deemed a material breach of the Permittee’s rights and obligations under this Permit Agreement and constitutes grounds for termination of this Permit Agreement.

26. ASSIGNMENT AND SUBLETTING

a. The Permittee shall not assign, sublease, transfer or otherwise dispose of its management responsibilities or of any right, interest or use of the Premises covered by this Permit Agreement without the prior non-electronic written consent of the DCR.

b. Any such disposition without the written consent of the DCR shall constitute a material breach of this Permit Agreement which shall be cause for immediate termination of the Permit Agreement by the DCR.

c. The DCR shall not be obligated to recognize any right of any person or entity to any interest in this Permit Agreement or to any rights, equipment, structures, or property of the Permittee at the Premises. Any unapproved assignments of rights under this Permit Agreement are void. This Permit Agreement is non-assignable because it is a personal services contract and an assignment will be a material change to the DCR’s duty, risk and chance of receiving return performance (e.g. compensation).

d. The Permittee may not enter into any agreement with any entity or person except employees of the Permittee to exercise substantial management responsibilities for operation of the Premises without the prior non-electronic written consent of the DCR Commissioner or the Commissioner’s designee.

e. In the event of any unapproved or prohibited transfer or encumbrance by the Permittee, or in the event of any default of its obligations to persons or entities which are not a Party to the Permit Agreement, such person or entity shall not be deemed to have acquired operating rights, privileges, to operate at the Premises or to any real property of the DCR.

f. There are no third-party beneficiaries to this Permit Agreement.

27. OWNERSHIP; CORPORATE STATUS

a. If the Permittee is or becomes a corporation, or other entity (LLC, partnership, etc.) the

Permittee shall furnish DCR with notice prior to such change an information concerning the entity (Articles of Incorporation, By-Laws, List of major shareholders if different than original permittee party, Management Agreement, Annual filings, Town Business Certificate) and shall also furnish appropriate evidence of action by its Board of Directors, shareholders, members or managers, or partners ratifying the execution and delivery of this Permit Agreement by the Permittee.

b. The Permittee shall furnish to the DCR a list of its directors, officers or managing members, partners and their contact information, and shall promptly notify the DCR of any changes in ownership or corporate status or any change in its Board of Directors, officers, managers or partners.

c. The Permittee agrees that there shall not be any change in its ownership or corporate status without prior notification to the DCR. Permittee shall maintain its ownership or corporate status with all applicable state agencies (Massachusetts Secretary of State, MA Attorney General’s Charities Division, etc.).

28. WAIVER

No waiver of any term, condition or covenant of this Permit Agreement, by either Party at any time, shall be deemed a waiver at any time thereafter of the same provision or of any other provision contained herein or of the strict and prompt performance thereof.

29. FORCE MAJEURE

Neither Party shall be liable to perform its part of this Permit Agreement when such failure is due to fire, war, riot, insurrection and/or other catastrophe beyond the control of the Parties.

30. MERGER CLAUSE, ATTACHMENTS

a. Attachments to this Permit Agreement are hereby incorporated by reference and become part of this Permit Agreement. Any failure to comply with the terms and conditions contained in any Attachment by either Party constitutes a breach of this Permit Agreement. The Attachments are intended to be used to clarify the terms of this Permit Agreement. In the event there is an irreconcilable conflict between the terms of this Permit Agreement


and those contained in any Attachment(s), the terms contained in this Permit Agreement shall supersede.

b. The provisions of this Permit Agreement shall collectively constitute the agreement between the parties for the use of the Premises. Any prior or contemporaneous oral or written statements that alter, contradict, or are in addition to the terms of this Permit Agreement are inadmissible.

c. In the event of a conflict between any provision of this Permit Agreement and any provision of the RFP and Award Notice the provision of this Permit Agreement shall govern.

31. FORUM

Any actions arising out of a Contract shall be governed by the laws of Massachusetts

32. SEVERABILITY

If any provision of this Permit Agreement, or portion of such provision, is deemed invalid or unenforceable, the remainder of this Permit Agreement shall continue in full effect.

33. MODIFICATIONS OR AMENDMENTS

Modifications or amendments to this Permit Agreement shall be in non-electronic writing and duly executed by both Parties hereto to be effective.

34. NOTICE

For purposes of this Permit Agreement, the Parties hereto shall be deemed duly notified of any information or issues arising from the operation under this Permit Agreement in accordance with the terms and provisions hereof only if written notices are provided by in hand, overnight courier, or first class mail, with copies by fax or e-mail, to the following persons at the indicated addresses, subject to change upon notice in writing to that effect by either party:

DCR

PERMITTEE


SIGNATORIES

The Parties herein have read the above terms and conditions and hereby agree and approve same.

DEPARTMENT OF CONSERVATION AND RECREATION

___________________________________

Commissioner

Date: ____________________________

PERMITTEE

___________________________________Signature___________________________________Printed name___________________________________Title

Duly Authorized:

Date: ______________________________

Please attach a corporate or LLC vote (as applicable)

EXHIBITS TO PERMIT

A. CONCESSION SERVICES AND REQUIREMENTS B. AWARD NOTICEC. PROPOSAL (Excerpt only)D. RFPE. CONTACT SHEET F. MAP OR DRAWING DEPICTING PREMISES AS USED BY PERMITTEE, AND

PARK MAP, ANY PHOTOSG. SUMMARY REPORT FORM and/or ANY OTHER DOCUMENTS

2

PERMIT EXHIBIT A - ANY SITE/CONCESSION SPECIFIC SERVICES REQUIREMENTS

a. DCR Park Regulations

b. For delivery of required tickets to school groups, contact DCR’s bureau of Education, Interpretation and Visitor Services and the Partnerships program staff:

Bureau of Education, Interpretation and Visitor Services

Kristin Karl-Carnahan, Massachusetts PLT Coordinator,E-mail: [email protected] Phone: 617-626-1463

Tim Rayworth, Northeast Region Environmental Education Coordinator,E-mail: [email protected] Phone: 978-369-7834

Gini Traub, Central West Region Environmental Education Coordinator,E-mail: [email protected]: 413-584-6788

Tom Reece, Director of PartnershipsDepartment of Conservation and RecreationOffice of External Affairs and Partnerships251 Causeway Street, Suite 600Boston, MA 02114Fax: Tom Reece at 617-626-1351E-mail: [email protected]

c. The Permittee shall operate, manage and maintain a __________concession service on the Premises. If food is served in conjunction with this concession all such services, products and other goods for use or consumption shall be healthy, of high-quality and appropriate for sale and/or use at the Premises, to the satisfaction of the DCR. All food related permits shall be visible and updated frequently.

d. The Permittee shall recognize the interest of the DCR in assuring that consistently high-quality services, food, and merchandise are available to the public at reasonable prices. Pricing shall not exceed average prices for like goods and services in the “local economy,” the area within a twenty (20) mile radius of the Premises, and is subject to and contingent upon the approval of the DCR. The Permittee shall only use environmentally compatible, biodegradable serving products (including but not limited to plates, cups, napkins and utensils). The Permittee shall not serve, sell, or distribute items that cause undue litter. Serving counters shall not be used for the open display of food or other products (excluding items such as napkins, condiments, salt and pepper) and shall be kept clear and clean. All condiments shall be in sealed, sanitary containers appropriate for the park environment. All condiments and paper products shall be designed and secured so as to reduce trash.

3

mailto:%[email protected]




http://www.mass.gov/eea/agencies/dcr/massparks/programs-and-events/education-interpretation-and-visitor-services.html

e. The sale, distribution, advertisement or display of cigarettes and other tobacco related products or lottery games, tickets, or similar on the Premises is strictly forbidden. Alcohol shall not be served on DCR property without a written waiver obtained in advance from the Commissioner of DCR.

f. The DCR may schedule special events on, or near the Premises during the operating season of April through November. The sponsors and/or special event personnel may be permitted to offer concessions or samplings during such events. The Permittee shall make every effort to accommodate sponsors of said special events.

g. Permittee may not install any vending machines, ATM kiosks, electronic equipment or signage, or similar fixtures at the Premises without the express prior written approval of DCR.

h. No public address system, amplified sound or signs, or amusement, video, electronic or coin-operated games or machines shall be permitted on the Premises without the prior approval of the DCR. Any music used within the Premises shall have final approval of the DCR. Vending machines shall not be permitted without the prior non-electronic written approval of the DCR.

i. All on-site advertising, including advertising directly related to the products sold, shall be pre-approved by the DCR Office of External Affairs.

j. The Permittee shall not sell or distribute any product bearing the DCR name, logo, or any other DCR park name or logo, without prior approval from the DCR. The DCR may require the Permittee to carry a particular product provided by DCR bearing the DCR name or logo, or any other DCR park name or logo.

k. The Permittee shall maintain the Premises, in an appropriate clean condition conducive to operating the concession at all times, both interior and exterior, as determined by DCR Staff.

l. The Permittee shall be responsible for frequently picking up and properly disposing of all litter, debris or rubbish left on the entire Premises to an authorized disposal area, or as specified by DCR staff, at multiple times throughout the operating day. All trash containers must be emptied frequently during the operating day, and at the close of each business day. The Permittee shall develop and maintain a recycling program ensuring that bottles, cans, clean cardboard and paper are properly recycled. The Permittee shall recycle all cardboard and plastic materials used in the operation of the concession and shall encourage its patrons to do the same. The Permittee shall not allow trash receptacles on Premises to overflow. Any dumpster or other large trash holding container on the Premises designated by DCR for Permittee use must be properly opened, closed, utilized and contained by Permittee.

m. The Permittee shall clear and wash all countertops on the Premises at a minimum of once before opening and once at closing each operating day, AND as needed multiple times throughout the operating day. Permittee shall also maintain in good condition any employee restroom inside the concession.

n. At the conclusion of the operating day, the Premises shall be left in a clean and orderly condition, suitable for the surrounding environment and the Premises shall be secured in a professional manner that is acceptable to the DCR Park Supervisor or designee.

4

o. The DCR shall have the right to object to the character of service or particular scope of deliverance.

p. If the Permittee wishes to provide any new service and/or new particular scope of deliverance, it shall submit a non-electronic written request for the DCR’s prior approval. In approving or denying said request, the DCR shall take into consideration the public’s best interest.

q. The Permittee shall identify all leased equipment to be used on the Premises prior to the execution of the Permit Agreement or notify the DCR within thirty (30) days if any newly leased equipment will be used on the Premises during the term of this Permit Agreement. The Permittee shall be responsible for any obligation under such equipment leases. At the expiration or termination of this Permit Agreement, the Permittee shall be solely responsible for fulfilling any remaining obligations under lease arrangements so that title to this equipment passes immediately to the Commonwealth.

r. Any equipment that is affixed in a permanent manner, including but not limited to: plumbing fixtures, sinks, hard-wired appliances, built-in refrigeration equipment, or exhaust, fume and fire-suppression systems affixed to a wall or ceiling of the Premises, buildings, sheds, etc., unless otherwise agreed upon by the parties in advance, shall become the property of the Commonwealth.

s. The Permittee shall not store any items on adjacent DCR property outside the Premises. Storage needs shall be discussed and pre-approved by DCR the region Manger and District Manager, agreement in writing is encouraged.

t. All deliveries shall be made in such a manner as to have the least negative impact on the visiting public.

5

B. AWARD NOTICEC. PROPOSAL (Excerpt only)D. RFP

6

E. CONTACT SHEET

MassParks StaffSouth Region

State Park RangersExternal AffairsSpecial EventsLong Term Permits and LeasesEngineering/Construction AccessFinance/RevenueOffice of Long Term Permits/Legal

7

F. MAP OR DRAWING DEPICTING PREMISES AS USED BY PERMITTEE, AND PARK MAP, ANY PHOTOS

8

EXHIBIT G: SUMMARY REPORT FORM

Please fax to: 617-626-1351 ATTN Long Term Leases and Permits or e-mail to: [email protected]

Thank you this helps with questions and reports for other uses (beaches commission, friends groups, legislators, etc.)

Permittee Location:

Days of Operation:

Months of Operation and Year

Customer/Patron count (can average):

Daily Weekly Monthly Season/Total

Summary Sales Information:

Income Gross

Expenses

Donations

Site Improvements – if pre- approved in writing

Description Actual payments Cost of Materials Cost of Labor Copy of receipt

Jan Feb Mar AprMay Jun July AugSep Oct Nov Dec

9
