Commonwealth of Massachusetts Department of Conservation and Recreation Request for Proposals for Mobile Food Concession Operation at the Cambridge Esplanade, Charles River Reservation, Cambridge MA For Annual Fourth of July Event RFP # DCR 2015 416
Table of Contents I. Introduction ...... 2 II. Proposal Process ...... 3 III. Description of the Premises and Applicable Information ...... 5 IV. 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 V. Evaluation Criteria and Rule for Award ...... 10 VI. Submission Checklist ...... 12 VII. Attachments...... 123 A. Premises Maps, Photos ...... 14 B. Certificate of Tax Compliance ...... 16 C. MASSACHUSETT FORM W-9 ...... 17 D. EFT Sign Up Form ...... 18 E. Proposal Submission Form ...... 19 F. DRAFT PERMIT AGREEMENT ...... 22
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I. Introduction
The Massachusetts Department of Conservation and Recreation (hereinafter “DCR”), in accordance with Mass. Gen. Laws c. 132A §7 and c. 92 §33 and 37; the rules and regulations promulgated thereunder, including those at Title 302 (302 CMR 12:00) and 350 (350 CMR 2.04) of the Code of Massachusetts Regulations, and all other enabling powers as applicable, is offering the opportunity to qualified individuals, corporations or business entities, whether for-profit or non-profit (hereinafter “Proposer” or “Permittee”) to operate a July 4th related mobile food concession operation within the Cambridge Esplanade and adjacent areas along Memorial Drive and Land Boulevard, in Cambridge MA, (the “Premises”) for up to five (5) consecutive years, providing food concessions to spectators at July 4th concert and fireworks celebrations (the “Event”) which is held at the Hatch Memorial Shell and the Esplanade on the Charles River Reservation in Boston, as set forth in this Request For Proposals (“RFP”). The term for the use authorized herein shall be for a period of one (1) up to five (5) consecutive seasons commencing in January 2016 and expiring in July 2020 unless earlier terminated under the terms and conditions herein.
Minimum annual compensation to DCR (excluding all proposer’s costs and expenses) for the Permit will be Ten Thousand Dollars ($10,000.00).
The successful Permittee shall, at a minimum, provide an organized, accountable, efficient, safe, clean and professionally-staffed and maintained mobile concession operation, consisting of mobile carts, temporary tents or kiosks, or the like and offering food and drink including healthy food and drink options to the general public, during the Event 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.). The number and placement of concession operations, menus and price lists, and operating hours shall be pre-approved by DCR staff in writing in advance of each season, and are at all times subject to change at the direction of DCR staff. Operating hours for the Premises during the Event should have a minimum schedule of 12:00 p.m. to 11:00 p.m. plus additional time for setup and breakdown as needed, as approved by DCR staff. DCR is committed to ensuring that healthy food and drink options are offered through its permitted concessions, to enhance the experience of park visitors and to promote healthy lifestyles. Responses to this aspect of this RFP should also reflect consideration and obligation to all types of park visitors that products sold under the awarded permits will be of good value and high quality (safe, attractive, and reflect a range of prices points) at all times. DCR will evaluate the number, percentage, and variety of healthy food and drink options in each proposal, and will consider a greater amount as advantageous to the Proposer as discussed in Section III C herein. Please note that alcohol service and general merchandise sales within the Premises will not be allowed, and other restrictions apply subject to the terms and conditions of this RFP and any future operating permit.
In accordance with public safety, DCR policy, or the best interests of the public or DCR, DCR reserves the right to modify and/or completely withdraw, at any time subsequent to this solicitation, any Premises location specified herein, including changing or eliminating facilities, programming, marketing opportunities, special events etc. allowed on the Premises. 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 Page 2 of 35
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. II. Proposal Process Proposer Qualifications and Mandated Items All proposers must meet the criteria set forth in Section III A below in order to submit a proposal for evaluation. The items and information required in Section III B must be presented to DCR along with each proposal. The Proposal Submission Form attached below as attachment E must also be submitted with each proposal for consideration. A proposal submitted without these items and information will not be considered, and will be automatically rejected. Site Visit on Premises A Site Visit prior to proposal submission is mandatory. An open group Site Visit will be held on FRIDAY, AUGUST 14, 2015 at 2:00 PM on the Cambridge Esplanade, near the corner of Ames Street and Memorial Drive in Cambridge, MA adjacent to the MIT Sailing Pavilion. If Proposers cannot attend at this time, Proposers should schedule individual site visits during the proposal period with the DCR staff listed below. All Proposers must obtain a DCR staff signature during their Premises Site Visit, on the Proposal Submission Form. All proposals shall be deemed to have been made with full knowledge and understanding of the existing Premises conditions.
Cambridge Esplanade – Charles River Reservation Site Supervisor: Angelo Tilas [email protected] The north bank of the Charles River, between 617-227-0627 or 617-828-1614 the Mass Ave Bridge and the Charles River OR Dam, along Memorial Drive and Land Stephen Cyr, Charles Area Manager Boulevard, Cambridge MA 617-727-1058 or 617-304-6164 [email protected]
Questions During the Proposal Period All Proposer questions must be submitted in writing. Written questions must be received by Friday August 14, 2015, by 5:00 p.m., and directed to: By E-mail: [email protected] or by Fax: 617-626-1351; or by U.S. Mail or hand delivery to: DCR Long Term Permits & Leases 251 Causeway Street, Suite 600, Boston, MA 02114-2119 ATTN: S. Milano – RFP 2015 416
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/). No answers to substantive questions will be provided in person or by telephone. Presentations and Interviews Page 3 of 35
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. Proposal and Evaluation of Proposals Proposals received will be evaluated by a panel of DCR staff. When the successful proposer has been chosen, a recommendation to the Commissioner of DCR will be made. Upon approval of the recommendation the apparent winning proposal/proposer will be notified. Any deposits, certificates of insurance, and letter of credit will be due to DCR within ten (10) business days after an announcement of the apparent winning proposal/proposer. A Notice of Award will be issued once all required documents and deposits are received. 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. Notice of the winning proposal will be posted on the CommBuys website. DCR reserves the right to accept or reject any or all proposals or any part or parts thereof; to waive any defects, informalities and minor irregularities, reject any and all proposals, and to award the contract in the best interests of DCR and the Commonwealth. 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. RFP Proposal Schedule – SUBJECT TO CHANGE
Proposers are encouraged to frequently check the CommBuys web page for this RFP to be aware of any amendments, any questions & answers, or any changes to the RFP documents or this schedule.
Pre-Proposal Site Visits must be completed A group site visit will be held on August 14, 2015 at 2:00 PM. Any other visits must be completed Before September 8, 2015
Written and e-mail questions must be received By 5pm Friday August 21, 2015 Answers to written questions will be posted By 5pm Friday August 28, 2015 Proposal packages due at DCR Office By 5pm Tuesday, September 8, 2015 Interviews, if any, will be held September 8-11, 2015 Proposal Evaluation Period ends and By September 18, 2015 Recommendation to Comm’r NOTE: Deposits and Insurance Certificates will By approximately September 30, 2015 be due within ten (10) business days after notice to apparent winning proposers 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.
Correcting, Modifying or Withdrawing Proposals
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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. III. Description of the Premises and Applicable Information DCR's Charles River Reservation is a linear park stretching from Boston Harbor up the river for 20 miles. The lower half of the reservation, from downtown Boston to the Watertown Dam, is the Charles River Basin, which includes the Esplanade on the Boston side. The basin abuts the campuses of MIT, Boston University and Harvard. The Upper Charles River section of the Reservation begins at Watertown Square and meanders to Riverdale Park in West Roxbury. The Reservation has many recreational opportunities for urban dwellers.
DCR's Hatch Memorial Shell is located on the Boston Esplanade, between the Mass. Ave. and Longfellow Bridges. Opposite the Hatch Shell, on the Cambridge side of the Charles River, is the Cambridge Esplanade. During the Event in past years, sound amplification has allowed visitors on the Cambridge Esplanade to listen to the Event, and view the fireworks display over the Charles River. In past years, spectators each year have attended the Event at the Cambridge Esplanade. Food concessions have been set up at various locations along Memorial Drive and Land Boulevard; FOR EXAMPLE a sample concession location configuration for food and beverage sales on the Premises follows (see also the sample map included below at Attachment A to this document):
1. Location A: grass median located in between Edwin H Land Boulevard and the Charles River
2. Location B: grass median located opposite MIT Sloan School of Management and in between Memorial Drive east and westbound
3. Location C: grass median located opposite 100 Memorial Drive building complex and in between Memorial Drive east and westbound
4. Location D: grass median located opposite MIT Hayden Library and in between Memorial Drive east and westbound
5. Location E: grass median located opposite Killian Court and in between Memorial Drive east and westbound
DCR may consider proposals for vending food and drink from food trucks, small carts, kiosks, tents and other small stands. Proposers will be required to assess their need for equipment as well as the proper storage and removal of such equipment considering other uses and users of the park. Storage must be kept to a minimum and used on a temporary basis. Proposers should consider the security of such equipment. DCR will not be responsible for damaged or stolen equipment.
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Proposals for mobile, cart or stand concessions should map out each location and show pictorially/graphically the concession operations so as to not impede the flow of traffic, increase trash, and serve customers efficiently. The Permittee shall comply with all reasonable requests of DCR staff concerning concession operations, including but not limited to access by delivery or other vehicles, onsite storage, trash receptacle placement, and site mitigation such as cleaning and grass reseeding or similar. All proposals shall be deemed to have been made with full knowledge and understanding of the existing Premises conditions. Locations for vending may be proposed to change dependent on weather, Event schedule, Event type or estimated attendance, marketing or sponsorship of Event, security or operational concerns, or other factors. Locations for vending shall be based on the size and needs of the Event. DCR reserves the right to withdraw, modify, approve, direct, limit or control the location, size, scope, type, or operation of any food concession, including any sub-licensed vendors, within the Premises at any time.
All concession operations, fixed and mobile, will be subject to applicable public safety security protocols and procedures. Enhanced security measures implemented for special events may result in reduced operating hours; restricted access to the venue and fixed and mobile concession locations; and/or enhanced screening of concession personnel and patrons, at the direction of DCR, Massachusetts State Police, or other local, state and federal agencies.
ALL PROPOSERS ARE HEREBY NOTIFIED THAT WEATHER MAY ADVERSELY AFFECT THE NUMBER OF VISITORS TO THE PREMISES. DCR-APPROVED EVENT SPONSORS MAY INCLUDE FOOD RELATED COMPANIES WHO MAY OFFER THEIR GUESTS AND INVITEES FOOD SAMPLES AT 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.
July 4th Event: Over the past three operating seasons, the size, scope, and security infrastructure of the longstanding July 4th Fireworks Spectacular event (“July 4th”) at the Premises has changed significantly from earlier years. Although DCR does not guarantee the continuation of July 4th events in future years, subject to the terms and conditions of this RFP and any future Permit, Bidders should take into consideration the following information on the July 4th event:
1. July 4th typically includes evening musical performances on both July 3 and July 4, with fireworks after the performance on July 4. Setting up the event takes many weeks before and after July 4th, which may impact the Premises in terms of other event scheduling, logistics, laydown, temporary equipment installation, vehicle and storage parking, etc.
2. Permittee may offer additional food vendors the opportunity to subcontract space within the Premises for July 4th, subject to the terms and conditions of the Permit as well as full oversight and approval, including appropriate security clearance and credentialing for all food concession staff during July 4th, by DCR, Massachusetts State Police (“MSP”), Boston or Cambridge Fire Dept., Boston or Cambridge Inspectional Services, and other local, state or federal agencies. Permittee retains full responsibility for meeting the terms and conditions of the Permit, for Permittee operations as well as for any such subcontracted vendors, including ensuring compliance with all applicable local, state, or federal licensing, safety, or credentialing requirements, as well as providing any required contact or other information on subcontractors in advance of July 4th as requested.
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3. Access to the Premises by food concession staff and suppliers, as well as by the public, before, during and after July 4th is subject to ongoing review, adjustment and approval by DCR, MSP, Boston or Cambridge police or fire departments, and other local, state, or federal agencies, which may impact Permittee and subcontracted vendors’ ability to access the site to deliver, load, store, refrigerate, merchandise, market, or vend food and drink on the Premises during July 4th. IV. Submission Requirements for Proposal All 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 Information E. Compensation to DCR.
A. Mandates Failure to submit the following mandated items will result in DCR’s immediate and automatic rejection of a proposal.
1. Tax/Service Related Documents: o Completed and signed Certificate of Compliance with State Tax Laws and with Unemployment Compensation Contribution Requirements (attached at the end of this document as 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 or Business Certificate from the City of Boston; and/or o for mobile proposers only a Hawker’s and Peddler’s License; o any food related permits, licenses and approvals such as Allergen Training, ServeSafe, etc. 2. Completed and signed Version 2009 Commonwealth W-9 Form (attached at the end of this document as Attachment C); and 3. 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; and 4. List of proposals, bids or contracts to provide the same or similar services to any municipality, state or other entity currently or within the past five (5) years; and 5. Proof and acknowledgement of a Site Visit and completion of the Proposal Submission Form attached to this document at Attachment E; and. 6. A written description of the services to be offered, including actual menus and price lists that reflect a substantial selection of healthy food and beverage choices; and 7. Planned hours of operation and/or staffing for the Event; and 8. Compensation to the Commonwealth as detailed in Section E below.
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In order to maximize points awarded (as described in the Rule for Award below) Proposers should provide information responsive to the sub-sections below. Proposers will be evaluated on the quality of the information provided.
B. Description of Entity and Related Experience 1. 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 property 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, 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.
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C. Description of Services to be Provided 1. A detailed written description of the services to be offered, including menus and price lists that reflect a substantial selection of healthy food and beverage choices, and a detailed description of the proposed facility use, including all service operations proposed or to be offered at the Premises, with detailed inventory and price information. 2. A written statement demonstrating the type and percentage of healthy food and beverage choices and a covenant that said items will be provided to the public throughout the entire term of the permit agreement. A higher percentage shall be deemed more advantageous by DCR. 3. A written description of the overall vision of the concession and how it will enhance the visitors’ experience (part 1); plans, descriptions or photographs of any and all concession services demonstrating appropriateness for the park environment (part 2); and plans for satisfactory sanitary conditions for the concession (part 3). 4. 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 of operation, proposed hours of operation; proposed use of Premises including sketches, diagrams or other graphic representation and photographs. b. Proposer’s planned marketing, outreach, discount programs, etc., 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 (food, beverage dispensers, refrigerators, etc.) to be operated on the Premises and any proposed operational system, 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, patrons and staff, other park visitors, and the general public, including vehicle inspection and maintenance, operator certification and training, emergency and daily operations protocols, etc. g. Any other aspects of Proposer’s services including but not limited to any customer service plan, emergency procedures, and policies and procedures. 5. An operating schedule, including the hours and day(s) of operation, satisfying at least the minimum operating schedule described herein. 6. A detailed, comprehensive and auditable cash management plan.
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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. Minimum annual compensation to DCR (excluding all proposer’s costs and expenses) for the Permit will be Ten Thousand Dollars ($10,000.00). 2. Proposals which do not meet any minimum compensation amount will automatically be disqualified and rejected. 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 One Thousand ($1,000.00) 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 “Esplanade Boston 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. V. Evaluation Criteria and Rule for Award DCR 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. Page 10 of 35
The minimum number of points which are acceptable out of the possible one hundred (100) points is fifty- five (55) points. The selected winning proposer must earn no less than fifty-five (55) points. Qualifications and point ranges are detailed below:
Mandates Per Section III A above NO POINTS; All Items must be Provided Other Criteria Range of Points Description of Entity Per Section III B above 0-25 and Experience Description of Per Section III C above 0-30 Services Health Food Option Percentage Financial, Rate and Per Section III D above 0-20 Budget Information Compensation Per Section III E above 0-25
Interviews Per Section I above NO POINTS
Total Possible Points 100
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VI. Submission Checklist
Proposals must be delivered to the following EXACT Mailing Address: Department of Conservation and Recreation Office of Long Term Leases and Permits 251 Causeway Street, Suite 600, Boston, Massachusetts 02114-2119 ATTN: RFP # DCR 2015 416
Proposals must be received at the above address no later than: 5:00 p.m. on Tuesday September 8, 2015 If delivering proposals in person, bring 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 416” 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 Comm-Buys site frequently prior to submitting proposals for DCR amendments, answers to questions, updates and any schedule changes.
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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 Attachment F – Site Visit Verification Attachment G – Draft Permit including Mandatory Terms and Conditions
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A. Premises Maps, Photos
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Sample Map of Possible Concession Location Configuration:
A
B
C
D
E
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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: ______
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C. MASSACHUSETT FORM W-9
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D. EFT Sign Up Form
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E. Proposal Submission Form COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION REQUEST FOR PROPOSALS FOR Mobile Food Concession Operation at the Cambridge Esplanade, Charles River Reservation, Cambridge MA For Annual Fourth of July Event
PROPOSAL SUBMISSION FORM TO: Department of Conservation and Recreation Office of Long Term Permits & Leases 251 Causeway St., Ste. 600, Boston, MA 02114-2119 ATTN: DCR RFP 2015 416
I, ______(Proposer) acknowledge receipt of the DCR’s Request for Proposals for Request for Proposals for operation of food concessions at the Charles Esplanade, Boston MA, and submit the following proposal in response thereto:
A. Proposal Format
Operating Year Minimum Additional proposal Projected Expenses, proposal/year amount if any costs, etc. July 2016 if renewed/ extended July 2017 if renewed/ extended July 2018 if renewed/ extended July 2019 if renewed/ extended July 2020 if renewed/ extended Totals
Any additional consideration, requirements, improvements during permitted term to be considered?
B. References
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Along with actual reference letters, please fill out the chart below, or attach a separate sheet.
Name/ Contact Contact Info Relationship/type of Years Estimated Company Person and (telephone, e- contract Contract Title mail) 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 Page 20 of 35
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:
F. Site Visit Verification A 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 ______, 2015.
DCR Staff: ______
Name Signature
Title: ______Time/Date : ______
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G. DRAFT PERMIT AGREEMENT
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NB: THIS DRAFT PERMIT CONTAINS THE BASIC a. The Term for the use authorized herein shall be for MANDATORY TERMS AND CONDITIONS a period of [___] consecutive [years], commencing REQUIRED BY DCR BUT MAY NOT CONTAIN ALL on [ ] and terminating on [ ] subject to review of OR THE EXACT THE TERMS OF THE ULTIMATE the Permittee’s performance and compliance with PERMIT AGREEMENT ISSUED TO THE WINNING all terms and conditions of this Permit Agreement. PROPOSER 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 SPECIAL USE PERMIT AGREEMENT Permit Agreement. See Section 24 below for ISSUED BY termination provisions. THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF CONSERVATION AND c. Permittee's use of the site is not exclusive unless RECREATION otherwise specifically provided for herein. Members TO of the general public may use the site subject to the rules and regulations of DCR. This Permit Agreement is hereby issued by the
Commonwealth of Massachusetts, acting by and through its 2. CONSIDERATION Department of Conservation and Recreation (hereinafter the a. In exchange for use of the Premises for its business, DCR), having a principal place of business at 251 Causeway the Permittee has proposed and shall be required to Street, Suite 600, Boston, Massachusetts, 02114, and pay to DCR the total consideration of [spell out total ______(hereinafter the Permittee), a (individual or amount in words for total term ($__.00) Dollars], as company) having a principal place of business located at set forth in the Permittee’s Proposal. ______. The DCR and the Permittee are each referred to as a Party to this Permit Agreement and are collectively b. Payment for the first year’s Term, in the amount of referred to as the Parties to this Permit Agreement. [spell out amount ($_,0.00) Dollars], is due in full upon issuance of an Award Notice or the start of WHEREAS, [location], is in the care custody and control of operations whichever occurs first. DCR; and c. Payment of the remainder of the total compensation as WHEREAS, the DCR publicly advertised a Request for proposed by the permittee shall be paid to the Proposals (hereinafter “RFP”) to operate, manage and Commonwealth via DCR, for each subsequent season maintain a [ ] at [ ] for a term of [ years/months], of the Term. Compensation for each subsequent from [ ] to [ ]; and season of the Term shall be paid in quarterly/semi- WHEREAS, the Permittee voluntarily responded to the RFP annual, or annual installments over the course of each with a proposal (hereinafter Permittee’s Proposal) and season as follows: seeking this business relationship; and Year Amount/When Due WHEREAS the Permittee’s response, after careful Monthly/ consideration, was determined to be the best value to the by June 30/ Commonwealth and DCR; and by Oct 31 each year WHEREAS, the DCR has the authority pursuant to Year 1: $ $ Paid upon Award Notice Massachusetts General Laws Chapter 7, and Chapter 132A, Year 2: $ $ [---][in quarterly, semi- §§ 2B and 2D, and the rules and regulations promulgated annual, annual; payments ] thereunder, (including Titles 304 and 350 of the Code of Year 3: $ Massachusetts Regulations, including but not limited to 304 Year 4: $ CMR 12.00), and all other powers enabling; and Year 5: $
NOW, THEREFORE, the DCR hereby grants to the d. DCR shall endeavor to bill Permittee by invoice for Permittee the exclusive right to operate, manage and each payment as detailed above. Each invoice shall maintain a fixed food concession; and/or maintain mobile be paid within thirty (30) days of the invoice date. food carts in an area as defined and designated by the DCR However, whether or not an invoice is issued, Park Supervisor or designated DCR managerial staff permittee is liable for the payments as set forth member, located at the [location], Boston, MA, (“hereinafter in their proposal and accepted by DCR. Any “Premises”), subject to the following terms and conditions: nonpayment shall be a material breach and cause for 1. PERMIT AGREEMENT TERM termination of this Permit Agreement, pursuit of Page 23 of 35
remedies by the Commonwealth and DCR to and contingent upon the approval of the consistent with the Termination provisions herein. DCR. d. The sale, distribution, advertisement or e. Any request to reduce the compensation amount display of cigarettes and other tobacco proposed is considered an abatement request. All related products or lottery games, tickets, abatement requests must be presented in writing or similar on the Premises is strictly with sufficient information and background for forbidden. approval by the Commissioner of DCR and e. The DCR may schedule special events on, ultimately the Office of the State Comptroller. or near the Premises during the operating Abatements will not be granted for weather, season of April through November. The competition, or other circumstances beyond the sponsors and/or special event personnel control of DCR. Permittees should consider the may be permitted to offer concessions or option of withdrawing from the Permit with notice samplings during such events. The to avoid the necessity of abatements. Permittee shall make every effort to accommodate sponsors of said special f. Payments may be made by using a money order, events. cashier’s check or certified bank check and shall be f. Permittee may not install any vending made payable exclusively to the “Commonwealth of machines, ATM kiosks, electronic Massachusetts.” If Permittee desires to make its equipment or signage, or similar fixtures at remaining payments by electronic fund transfers the Premises without the express prior (EFTs), EFT Sign up forms can be obtained at this written approval of DCR. link: g. No public address system, amplified sound https://massfinance.state.ma.us/VendorWeb/EFT_F or signs, or amusement, video, electronic ORM.pdf. Fill out the form and send it along with a or coin-operated games or machines shall W-9 Form to the DCR Finance Office. Payments be permitted on the Premises without the shall be sent directly to: prior approval of the DCR. Any music used within the Premises shall have final Department of Conservation and Recreation approval of the DCR. Vending machines 251 Causeway Street, Suite 600, Boston, MA shall not be permitted without the prior 02114-2119 non-electronic written approval of the Attn: Finance Office, Accounts Receivable or CFO DCR. h. The Permittee shall only use g. Payments shall include a notation specifying the environmentally compatible, biodegradable [park name, town, or site location identifier (Both serving products (including but not limited DCRs ID and Permittee’s ID if any)] as well as the to plates, cups, napkins and utensils). Permittee’s name. EFT Payments must include the i. The Permittee shall not serve, sell, or Permittee’s Vendor Code Number and Permittee distribute items that cause undue litter. should send an e-mail or fax confirmation to the j. Serving counters shall not be used for the DCR Finance Office. open display of food or other products 3. CONCESSIONS AND SERVICES (excluding items such as napkins, condiments, salt and pepper) and shall be a. The Permittee shall operate, manage and kept clear and clean. All condiments shall maintain a fixed food concession service be in sealed, sanitary containers on the Premises. appropriate for the park environment. All b. All such services, products and other goods condiments and paper products shall be for use or consumption shall be healthy, of designed and secured so as to reduce trash. high-quality and appropriate for sale and/or k. All on-site advertising, including use at the Premises, to the satisfaction of advertising directly related to the products the DCR. sold, shall be pre-approved by the DCR c. The Permittee shall recognize the interest Office of External Affairs. of the DCR in assuring that consistently l. The Permittee shall not sell or distribute high-quality services and merchandise are any product bearing the DCR name, logo, available to the public at reasonable prices. or any other DCR park name or logo, Pricing shall not exceed average prices for without prior approval from the DCR. like goods and services in the “local m. The DCR may require the Permittee to economy,” the area within a twenty (20) carry a particular product bearing the DCR mile radius of the Premises, and is subject name or logo, or any other DCR park name or logo. Page 24 of 35
n. The Permittee shall maintain the Premises, any newly leased equipment will be used in an appropriate clean condition on the Premises during the term of this conducive to operating the concession at Permit Agreement. all times, both interior and exterior, as x. The Permittee shall be responsible for any determined by DCR Staff. obligation under such equipment leases. o. The Permittee shall be responsible for Any equipment that is affixed in a frequently picking up and properly permanent manner, including but not disposing of all litter, debris or rubbish left limited to: plumbing fixtures, sinks, hard- on the entire Premises to an authorized wired appliances, built-in refrigeration disposal area, or as specified by DCR staff, equipment, or exhaust, fume and fire- at multiple times throughout the operating suppression systems affixed to a wall or day. ceiling of the Premises, shall become the p. All trash containers must be emptied property of the Commonwealth. frequently during the operating day, and at y. At the expiration or termination of this the close of each business day. Permit Agreement, the Permittee shall be q. The Permittee shall develop and maintain a solely responsible for fulfilling any recycling program ensuring that bottles, remaining obligations under lease cans, clean cardboard and paper are arrangements so that title to this equipment properly recycled. The Permittee shall passes immediately to the Commonwealth. recycle all cardboard and plastic materials z. The Permittee shall not store any items on used in the operation of the concession and adjacent DCR property outside the shall encourage its patrons to do the same. Premises. r. The Permittee shall not allow trash aa. All deliveries shall be made in such a receptacles on Premises to overflow. Any manner as to have the least negative impact dumpster or other large trash holding on the visiting public. container on the Premises designated by 4. OPERATING SCHEDULE; SERVICE PRICING DCR for Permittee use must be properly opened, closed, utilized and contained by a. The minimum operating schedule shall be: [ ]. Permittee. The hours will be: [from _ to _, daily, including s. The Permittee shall clear and wash all weekends and holidays]. Should the Permittee be countertops on the Premises at a minimum required or compelled to close it must give notice to of once before opening and once at closing the DCR Park Supervisor, the Office of Long Term each operating day, AND as needed Leases and Permits. Permittee’s decision to open or multiple times throughout the operating close will not constitute a reason for abatement of day. Permittee shall also maintain in good the proposed compensation amount without condition any employee restroom inside approval in writing from DCR’s office of Long the concession. Term Leases and Permits and Finance Departments. t. At the conclusion of the operating day, the Premises shall be left in a clean and orderly b. The Concession shall be prepared and opened by a condition, suitable for the surrounding date to be established by the DCR Park Staff environment, and the Premises shall be pursuant to the Award Notice. secured in a professional manner that is c. During periods of closure due to inclement weather acceptable to the DCR Park Supervisor or or any other cause not within the control of the designee. DCR, all other obligations of the Permittee shall not u. The DCR shall have the right to object to be waived. The DCR shall not be responsible for the character of service or particular scope any costs incurred or revenue lost due to closing or of deliverance. re-opening of facilities under the provisions of this v. If the Permittee wishes to provide any new paragraph. service and/or new particular scope of deliverance, it shall submit a non- d. The DCR may schedule special events at the Park. electronic written request for the DCR’s The sponsors and/or special event personnel may be prior approval. In approving or denying permitted to offer similar items as those offered by said request, the DCR shall take into Permittee. The Permittee shall make every effort to consideration the public’s best interest. accommodate such events. w. The Permittee shall identify all leased equipment to be used on the Premises prior e. Fees, rates, additional charges and discount details to the execution of the Permit Agreement must be made clear to patrons in all signage. Any or notify the DCR within thirty (30) days if discount rate and validation agreements with third Page 25 of 35
parties should be submitted to DCR for prior c. The location of the Premises shall be determined approval. Permittee shall post notice of any solely at the discretion of the appropriate Park changes to fees, rates, charges and discounts for Supervisor or designated DCR staff member. The patrons and provide DCR with such information aforementioned Park Supervisor or DCR staff prior to institution of new fees, rates, and charges. member may change the location of the Premises at any time during the Term of this Permit Agreement. f. All service rates shall be reasonably priced in The Permittee shall strictly comply with the accordance with those offered throughout instructions of DCR staff. ______/radius and/or the industry. Rate sheets and pricing changes should be furnished to DCR d. No public address system, amplified sound or signs, prior to the beginning of each fiscal year (July 1). or amusement, video, electronic or coin-operated games or machines shall be permitted on the 5. PERMITTEE’S EMPLOYEES AND STAFF (as Premises without the prior approval of the DCR. applicable) Any music used within the Premises shall have final a. The Permittee shall hire, and direct any contracted approval of the DCR. No automobile, truck, vendors to hire, qualified, competent employees, in generator or other equipment (‘equipment”) shall be sufficient numbers to provide an efficient service to allowed on the Premises or to remain if such the public. equipment emits excessive exhaust, noise, oil or other liquids, gases or smells. b. All concession employees shall wear identifiable uniforms or an article of clothing or carry approved e. The Permittee shall not store any items outside the company identification to exhibit to the Park Premises. Any and all related deliveries shall be Supervisor and members of the public. made in such a manner as to have the least negative impact on the visiting public. c. The Permittee shall deliver to the DCR Park Supervisor and Regional Manager an up-to-date list f. The Operator shall be responsible for the security of of all employees at the start of each operating its items and its use of the Premises. DCR makes season, the delivery schedules, and when changes to no representations as to the safety and security of the staff are made. the Premises or the Park. d. Permittee shall provide proof that it carries g. The Permittee shall be solely responsible Worker’s Compensation coverage. (financially and for labor costs) for any damage, destruction, vandalism or similar caused to the e. Permittee may be required to provide evidence of Premises by the Permittee, its members, guests, CORI/SORI background search results or clearance, business invitees, agents, employees or similar. other background or security check clearance, Any damage shall be immediately repaired to the and/or any applicable licensure, operational or satisfaction of the Park Supervisor and Regional inspectional requirements for employees, vendors, Manager. Said repairs shall be performed subcontracted vendors or the employees or vendors immediately. of any subcontractors, as requested by DCR, MSP or other local, state or federal agencies. 7. INSPECTIONS AND REPORTS 6. CONDITION OF PREMISES a. The Permittee shall arrange for inspections by local health officials, utilities engineers, building a. The Permittee acknowledges that it has made an inspectors and others as may be required. inspection of the Premises and that the Premises is in a satisfactory condition, suitable for the purposes b. After notification to DCR, the Permittee shall take of this Permit Agreement in its existing condition, prompt action to correct any condition that is found and that it has not relied upon representations or not to be in compliance with any federal, state or statements of the DCR, its officers, employees or local regulation, code or statute. agents with respect to these conditions. The c. The Permittee shall agree to obtain at its own expense Permittee expressly agrees that the DCR has no all permits and licenses necessary for the operation of obligation to make any alterations, repairs, the Premises. Failure to obtain any required licenses, additions, or improvements to the Premises. prior to operation of facilities for which permits are b. The risk of loss resulting from any natural weather required, or failure to maintain such licenses in full phenomena or occurrences remains with the effect throughout the term of this Permit shall be Permittee. Compensation due to the DCR shall not cause for termination of this Permit by the DCR. be reduced or abated in any manner due to said natural weather phenomena or occurrences. Page 26 of 35
8. CONSTRUCTION ON THE PREMISES federal and local agencies, including Mass. Gen. Laws requiring approval by the Massachusetts a. Any proposed improvements, modifications, or Historical Commission or any other applicable body build-out of the Premises shall be subject to written before any work which involves excavation or pre- approval by the DCR Commissioner after disturbance of any soils can commence. review and approval by the DCR Director of the Division of Planning and Resource Protection, 9. UTILITIES Engineering Department, the applicable Parks a. The Permittee shall be responsible for all costs Regional Director and District Manager, and the associated with installation, maintenance, repair and Office of Long Term Permits & Leases. All costs use of all utilities within and on the Premises, unless incurred under this section (including but not otherwise agreed to by the Parties. The Permittee limited to local, state and federal permit application shall be responsible for all costs of water, sewerage, fees, construction, labor, materials, professional electricity, fuel, oil, telephone, or any utility used landscaping, architectural fees, etc.) are the sole and consumed in connection with the operation of responsibility of the Permittee and require pre- the Premises, and in connection with all structures approval by authorized DCR Parks, Engineering, located thereon. Once invoices are received for the Planning, and Legal staff. Note prevailing wage consumption of utilities, the Permittee shall make and contractors insurance may be required prompt payment to the provider of said utilities. depending on the nature of the work. Ordinary and b. The Permittee acknowledges that in the event utility everyday maintenance, such as minor repairs to the service is discontinued by a utility service provider wiring, plumbing and structure, may be performed and said disconnection adversely affects the by the Permittee utilizing properly licensed and operations on the Premises, the DCR shall have the insured contractors, after notice to, and confirmation right to terminate this Permit Agreement forthwith in writing from, DCR Parks, Engineering, and Long and, to the extent such utility discontinuation was Term Leases and Permits departments. caused by Permittee and/or Permittee’s concession, b. Prior to the commencement of any work on the the DCR may seek remedies in accordance with the Premises, plans and specifications shall be Permit Agreement or as otherwise provided by law. submitted to the DCR for pre-approval. Plans and 10. EQUIPMENT MAINTENANCE AND REPAIR; specifications shall be submitted and approved by LEASED EQUIPMENT the DCR Director of the Division of Planning and Engineering, Engineering, the applicable Regional a. Any and all equipment and structures on the Director, District Manager and Office of Long Term Premises used by the Permittee to perform the Permits & Leases. activities authorized by this Permit Agreement shall be maintained in good operable condition by the c. All improvements to the Premises shall immediately Permittee. All such equipment shall be cleaned, become the property of the DCR with the exception tested and repaired by the Permittee, who shall bear of personal equipment of the Permittee which can all costs related to such repairs. be removed without damage to any structure on the Premises. Items installed into walls, attached to b. Any damage to any structure on the Premises or plumbing or heating systems, and the ground shall surrounding area caused by the installation or become fixtures unless the parties otherwise agree removal of equipment by the Permittee shall be in writing. repaired to a condition satisfactory to the DCR at the Permittee’s sole expense. d. Any damage to any structure on the Premises or surrounding area caused by the installation or c. The Permittee shall identify and notify DCR of any removal of an improvement by the Permittee shall leased equipment to be used on the Premises prior be repaired to a condition satisfactory to the DCR at to the execution of the permit or whenever acquired the Permittee’s sole expense. by Permittee. The Permittee shall be solely responsible for any obligations under any leases. e. The Permittee may commission an electric utility Vending machines, if any are approved, shall be company or internet provider, to provide service for operable whenever the Premises are available to the cash registers, refrigeration and other appliances, public. The Operator shall be solely responsible for subject to DCR pre-approval in writing of the the installation and maintenance (cleaning, filling, planned items, installation methods, and layout. All repairs, etc.) of the Machines. Advertising on costs are the sole responsibility of the Permittee. leased equipment shall be kept to a reasonable f. The Permittee shall conform to all rules and amount and pre-approved by DCR’s External regulations of the DCR and those of all other state, Affairs Department per Section 11 below. At the Page 27 of 35
termination of this agreement, it will be Permittee’s shall be permitted on the Premises. responsibility to fulfill any remaining obligations f. The Permittee shall withdraw any advertising or under the lease arrangement so that title to said desist from any promotional activity, upon request equipment can be passed directly to the from the DCR, should the DCR determine that such Commonwealth prior to Permittee vacating the advertising or promotional activity is inappropriate. Premises. Equipment shall be described in detail that includes brand name, type of equipment and g. The DCR retains the right to refer to the facilities on serial number, if applicable. the Premises in any advertising or promotional activity as its own. d. Any equipment that is affixed in a permanent manner including but not limited to: plumbing h. The graphics and verbiage on signage directing fixtures, sinks, hard-wired appliances, built-in members of the general public to the Premises shall refrigeration equipment, or exhaust, fume, and fire be developed by the Permittee at its sole expense, suppression systems, poles, awnings, fences, etc. with the input and pre-approval of the affixed to a wall, ceiling, or in or on the grounds of Commissioner of DCR, and shall be placed in the Premises shall become the property of the locations authorized by the Commissioner of DCR. Commonwealth unless otherwise agreed in writing 12. ACCOUNTING AND REPORTING by the parties. a. The Permittee shall deliver to the DCR, Attention: 11. ADVERTISING; MARKETING Office of Long-Term Leases and Permits, Attn: Sue a. The DCR shall pre-approve all on-site advertising, Milano by the end of each season (no later than including advertising directly related to the services October 1st of each year of the term of this authorized herein. Said advertisements, signs, Agreement) or prior to the start of each new season, circulars, brochures, letterheads and like materials a basic summary report, or a financial statement (or are subject to and conditional upon written pre- if available an audited financial statement by a approval of the Commissioner of DCR after review certified public accountant) showing the current or and approval by the Office of External Affairs, prior seasonal income, expenditures, and number of Legal and the Office of Long Term Leases and patrons on a consistent basis (i.e. daily, weekly, or Permits. monthly), the reports may consist of any of the following: a balance sheet, profit and loss, income b. The Permittee, in its advertisements, signs, statement, statement of cash flows for the prior circulars, brochures, letterheads and like materials, season, or a copy of any financial information as well as oral representations, shall not relating to the Premises as reported to the misrepresent in any respect the facilities provided or Massachusetts Department of Revenue, Attorney the status or condition of the Premises. The fact General’s Office, or the Internal Revenue Service. that the Premises constitutes Commonwealth parklands under the care and control of the DCR b. All sales of any nature on the Premises and related shall be made apparent in any brochures and to the business of the Permittee should be advertising regarding use and management of the immediately and properly recorded using an area and facilities. auditable sales system (paper or electronic) provided by the Permittee and satisfactory to the c. The DCR reserves the right to develop “marketing DCR Park Supervisor, Regional Manager, and partnership” agreements identifying specific brands as Office of Finance, Chief Financial Officer. If the “designated” sponsors of the DCR. The DCR may consecutive daily readings are possible, such shall require that the Permittee limit competing be taken from each machine or system showing all advertisement at the request of a sponsor for certain sales and tax categories, and posted to a daily sales events or certain periods of time. report. Permittee shall also maintain a journal or d. The DCR may require the Permittee to offer themed log which records the daily volume of patronage. products for sale that promote natural resources, Such reports shall be provided to DCR’s Office of including but not limited to natural resources pertinent Finance and Office of Long Term Permits and to the surrounding environment (e.g., books, “bug Leases on a monthly or seasonal basis and boxes” and animal print tracking guides). additionally upon request. If daily reporting is not possible such information shall be prepared at least e. The Permittee shall, at its sole expense and subject monthly. to the approval of the DCR, post the names and prices of products sold on the Premises on printed c. Permittee acknowledges that such information may signs or within the machines. No handwritten signs become a public record and subject to review by Page 28 of 35
DCR and Commonwealth agencies authorized to representatives, employees, permittees, licensees, review DCR activities. The Permittee shall make guests and invitees, as authorized under this Permit all of the accounting books and supporting records Agreement and claims arising from the Permittee’s of its business activities, relating to the failure to provide adequate security on the Premises. management, operation and maintenance of the d. The Permittee shall not make any claims against the Premises, available for analysis and duplication by Commonwealth or the DCR for any injury, loss, or representatives of the DCR, or Commonwealth damage to persons, including bodily injury or death, agencies authorized to review DCR activities upon or damage to property arising out of or in request by DCR’s CFO or Long Term Leases and connection with the actions or omissions of the Permits Manager. If DCR is able to do so Permittee, its contractors, agents, representatives, reasonable notice will be provided to Permittee. employees, permittees, licensees, guests and d. The Permittee shall pay all expenses incurred in invitees, as authorized by this Permit Agreement, providing the above described reports at its sole except for the gross negligence or gross misconduct cost. The Permittee acknowledges the importance of of the DCR, its contractors, agents, representatives, these reports and that the failure to provide these employees, permittees, licensees and invitees. reports is a material breach of its responsibilities e. The Permittee shall waive any and all claims for under this Permit Agreement. compensation for any and all loss or damage 13. TAXES sustained by reason of any interference by any public agency or official in the operation of this The Permittee shall be responsible for prompt payment Permit Agreement. of any and all applicable federal, state and local taxes, including but not limited to the Massachusetts state 15. INSURANCE meals tax, as levied on the operations conducted under a. The Permittee shall carry insurance at minimum in the exercise of this Permit Agreement. Failure to make the types and amounts as described in this section of timely payment of taxes for which Permittee is the Permit Agreement at its own expense: responsible shall be cause for termination of this Permit Agreement pursuant to the termination provisions in this i. General/Public/Products Liability Insurance. The Agreement. Permittee shall carry appropriate public liability insurance as to third persons and products liability 14. RISK OF OPERATION AND INDEMNIFICATION insurance against claims based upon the services a. The Permittee shall assume all risk in connection provided in the minimum amount of Two with any and all activities engaged on the Premises Hundred Fifty Thousand ($250,000.00) Dollars and shall be solely responsible and answerable in in the event of death or injury to one individual damages and any other remedies for all accidents or (per occurrence) and a minimum of Five Hundred injuries to all persons or property caused by the Thousand ($500,000.00) Dollars in the event of Permittee’s activities. death or injury to more than one individual (in the aggregate), or such higher amounts of liability b. The Permittee shall be responsible for the security insurance coverage the DCR shall reasonably of the Premises and the protection of the assets and require from time to time. property of the DCR. The Commonwealth shall not be responsible for property of the Permittee’s ii. Insurance for Commonwealth Property, if contractors, agents, representatives, employees, applicable. The Permittee shall furnish proof of permittees, licensees, guests and invitees. property damage insurance for Commonwealth and DCR equipment in the minimum amount of c. The Permittee shall agree to defend, hold harmless Two Hundred Fifty Thousand ($250,000.00) and indemnify the Commonwealth of Dollars or such higher amounts of liability Massachusetts, the DCR and its agents, officers and insurance coverage the DCR shall reasonably employees from any claims arising out of any require from time to time. violation of any law, ordinance or regulation affecting the activities authorized herein by this iii. Fire and Casualty Insurance. The Permittee shall Permit Agreement, from any claims for personal carry fire and casualty liability insurance in the injury or death or damage to personal property, of minimum amount of Five Hundred Thousand whatever kind or nature, arising from the ($500,000.00) Dollars or such higher amounts of Permittee’s activities on the Premises, including liability insurance coverage the DCR shall claims arising from the negligence or carelessness reasonably require from time to time. of the Permittee, its contractors, agents, iv. Additional insurance if required. Permittee Page 29 of 35
should consult with insurance and legal Permittee’s operations are in violation of an professionals to ensure they have any other applicable rule, regulation or statute, the Permittee insurance, additional endorsements, or gap shall take immediate action to cure said violations. coverages in place that would be prudent to carry If the Permittee fails to take prompt remedial for the type of insured, proposed use, and measures, the DCR may suspend or terminate the location, i.e. worker’s compensation, motor Permittee’s operations on all or any part of the vehicle, business risk/loss, officers and directors, Premises. vandalism, wind, flood, etc. 17. LICENSES AND PERMITS b. The Permittee shall furnish Certificates of Insurance a. The Permittee shall obtain, at its own expense, all issued by an insurer or insurers qualified to do permits, licenses, etc., required by the federal business in the Commonwealth to the following government, the Commonwealth, local DCR offices prior to execution of the Permit municipalities or similar for its operation and any Agreement and updates by April 1st of each construction on the Premises. subsequent year of the Permit Agreement Term: b. Failure to obtain any required permits, licenses, etc. Department of Conservation and Recreation prior to operation of facilities for which permits are Office of Long Term Leases and Permits, required, or failure to maintain such licenses in full Attention: Manager effect throughout the Term of this Permit 251 Causeway Street, Suite 600, Agreement shall be cause for termination of this Boston, MA 02114 Fax: 617-626-1351; Permit Agreement by the DCR. E-mail: [email protected] 18. HAZARDS AND REPORTING SYSTEM
Kristine Tolman a. The Permittee shall periodically inspect all areas Mass Parks Boston Region used by the public in and around the Premises for Attn: Business Manager the presence of unsafe or hazardous conditions 165 Day Boulevard, So. Boston, MA 02127 (including but not limited to dangerous trees and E-mail: [email protected] hanging limbs) and shall promptly remedy such conditions when found and shall promptly report the Failure to furnish or maintain said policies of conditions to the DCR. The Permittee shall develop insurance for the entire term shall be deemed a an accident reporting system and shall ensure that material breach of the Permittee’s duties under this all employees understand and comply with said Permit Agreement. system. The Permittee shall make and preserve records of all accidents, emergencies and c. The Department of Conservation and Recreation administration of medical aid on Premises. shall be explicitly named as an additional insured on all insurance policies. b. The Permittee shall immediately verbally notify DCR staff of any injuries, closures, property d. If the Permittee’s insurance provisions, terms, damage or related incidents that occur on the coverage, etc. are amended, changed, suspended, Premises and shall provide written notice to the expired or cancelled in any fashion, the Permittee DCR within five (5) calendar days of said incident. must either purchase a notice endorsement from its The written notice shall provide a detailed account insurer or notify the DCR verbally immediately and of the incident including but not limited to the shall notify the DCR in writing within thirty (30) nature of the incident, the names of any individuals business days. Non-renewal or replacement of involved and the names of any and all witnesses, all insurance shall be deemed a material breach of this phone numbers, addresses and contact information Agreement. of affected individuals and witnesses and the names 16. COMPLIANCE WITH LAWS of any agencies (federal, state, and/or local) that responded to the incident. a. The Permittee shall comply with all federal, state, local and other governmental statutes, regulations c. If the Permittee is notified by any regulatory agency and ordinances affecting the Premises and the having authority over the Premises that the Premises Permittee’s activities thereon and shall cause its operations are in violation of an applicable rule, employees, contractors and agents to do the same. regulation or statute, the Permittee shall take immediate action to cure said violation. If the b. If the Permittee is notified by any regulatory agency Permittee fails to take prompt remedial measures, having authority over the Premises that the the DCR may suspend the operations on any part or Page 30 of 35
all of the Premises. regulations, local bylaws and applicable environmental and administrative orders. The 19. HEALTH, ENVIRONMENTAL AND SANITARY burden of compliance and knowledge lies with the STANDARDS Permittee as an operator of a business requiring a. The Permittee shall be responsible for all cleaning, such compliance. housekeeping and sanitation, related to its use and f. As applicable for food trucks, mobile carts with shall maintain high standards of housekeeping and engines, etc. Permittee shall control and avoid sanitation at all times in all areas of the Premises, in unnecessary engine idling which can be a accordance with all applicable laws and regulations, significant source of air pollution, particularly for and to the satisfaction of the Park Supervisor. The people near the source. M.G.L Chapter 90, §16A, Permittee shall be responsible for all litter pickup, provides that: off site trash disposal, cleaning, housekeeping and sanitation within the Premises and within a No person shall cause, suffer, allow or reasonable radius of the Premises as designated by permit the unnecessary operation of the Park Staff. The DCR shall have the right to inspect engine of a motor vehicle while said the level, frequency and competency of vehicle is stopped for a foreseeable period housekeeping and sanitation being performed at any of time in excess of five minutes. time without prior notice. Electric sources for permittee power or mitigation b. Garbage and trash shall be disposed of by the of exhaust should be explored and used. DCR does Permittee at a minimum of once daily by removing it not guarantee secondary sources of power. The from the Premises to an authorized disposal area, burden of outfitting the vehicle and obtaining such other than a DCR receptacle. Said removal and power is on the Permittee. disposal shall be at the Permittee’s expense. At the 20. USE OF HAZARDOUS SUBSTANCES OR end of the operating day, the concession area shall be CHEMICALS left in a clean and orderly condition and secured in a professional manner that is acceptable to the DCR a. The Permittee shall not use, release, discharge or Park Staff. similar, hazardous substances or chemicals or materials that cause undue harm to persons or the c. The Permittee shall when possible recycle all environment, including but not limited to oil, cardboard and plastic materials used in the cleansers, pesticides, and contaminated food related operation of the concession and shall encourage its items. vendors and patrons to do the same. Other recycling (i.e. food waste or other items) may require b. Only those materials approved and registered by the additional licenses and permits from other entities U.S. Environmental Protection Agency for the (local ConComm, Mass. Department of specific purpose planned shall be considered for use Environmental Protection, etc.) or shall be properly on the Premises. Label instructions shall be strictly disposed according to local or state ordinance, followed in the preparation and application of bylaw, regulation or law. Any such permits shall be pesticides and other hazardous substances and obtained by the Permittee after notice and approval disposal of excess materials and containers. Any by DCR in writing. Knowledge of applicable laws and all applications shall be duly licensed by the is the burden of the Permittee. Commonwealth and EPA and any other applicable agency or entity. The burden of compliance and d. All cooking oils shall be deposited and disposed of knowledge lies with the Permittee as an operator of in accordance with strict health, environmental and a business requiring such compliance. sanitary standards. All cooking oils shall not be deposited or disposed of on the Premises or on any 21. ACCESS AND INSPECTION Commonwealth property. Associated drains and The Commonwealth, its agents, employees, permittees, exhaust, trap equipment shall be cleaned and licensees, guests and invitees shall be given full and maintained properly on a regular basis by the unrestricted access to and upon the Premises at all times Permittee. during the Term of this Permit Agreement to inspect the e. The Permittee shall strictly comply with all health, Premises and to inspect the operations and equipment of environmental and sanitary standards and conditions the Permittee. required by applicable local, state and federal, 22. LAND MARKERS AND MONUMENTS ordinances, by-laws, statutes and regulations including but not limited to state health related laws, a. The Permittee shall take reasonable precautions to state health department regulations, DCR protect all public land survey monuments, public Page 31 of 35
land boundary markers, and private property the parties prior to the termination date, or unless corners. terminated or suspended under the provisions of this Section. b. In the event that any such markers or monuments are disturbed or destroyed, the Permittee shall give b. The DCR may terminate the Permit Agreement notice to DCR immediately and take appropriate without penalty for or in the event of an elimination action to re-establish them in accordance with of an appropriation or availability of sufficient specifications of the town or county surveyor, or the funds for the purposes of this Agreement, or in the DCR, or any other authorized entity (i.e., event of an unforeseen public emergency mandating Massachusetts Historical Commission). immediate DCR immediate action. 23. NON-DISCRIMINATION c. DCR may terminate this Permit Agreement for any other reason given at law, including bankruptcy of a. The Permittee shall acknowledge that there shall be the Permittee, by giving written notice of no discrimination against any employee who is termination to the Permittee at least [thirty (30)] employed in the work covered by this Permit calendar days prior to the date of the proposed Agreement, or against any applicant for such termination. Permittee may be granted the right to employment, based on race, color, religion, sex, cure any such condition, by curing said condition sexual orientation, age, national origin, veterans’ within ten (10) business days of receipt of notice. If status, or physical or mental handicap. This the condition cannot be cured within ten (10) days, provision shall include, but is not limited to, the Permittee must give written notice with a thorough following: upgrading, demotion or transfer; explanation of why additional time is required. The recruitment or recruitment advertising; layoff or grant of additional time is within the sole discretion termination; rates of pay or other forms of of the Commissioner of DCR. compensation; and selection for training, including apprenticeship. d. Permittee expressly agrees that neglect or failure to perform any of its agreements or obligations under b. The Permittee acknowledges that there shall be no the Award Notice, the RFP or this Permit discrimination against any customer or potential Agreement shall be a material breach and cause for customer of the Permittee based on race, color, immediate termination in accordance with this religion, sex, sexual orientation, age, national Section and will surrender the Premises in a origin, veterans’ status, or physical or mental condition satisfactory to the DCR and without handicap. damage to the Premises. c. The Permittee shall comply with all applicable e. The Permittee may terminate this Agreement upon federal and state statutes and rules and regulations no less than sixty (60) calendar days written notice promulgated thereunder prohibiting discrimination to DCR. Any walk though, clean up, repairs and in employment. final payments shall be made during that period. d. In the event that a claim is filed against the f. Upon termination, permittee shall leave the Permittee with the Massachusetts Commission Premises in broom clean condition for fixed Against Discrimination (hereinafter the MCAD) or locations and in a natural condition for outdoor any court of the Commonwealth, the Permittee shall locations. Broom clean shall mean no debris, oil, cooperate fully with the MCAD or any court of the containers, items, left behind; and aside from Commonwealth in the investigation and disposition reasonable wear and tear, in a condition for use by of the claim. The Permittee shall assume all legal DCR or any other user. Excessive damage or repair fees and costs in connection with the defense of costs incurred by DCR may be charged to the such claim. permittee. Failure to leave the premises in a e. In the event of noncompliance with provisions of reasonably clean condition may constitute a this section, the DCR may impose such sanctions as detrimental point of record against the permittee on it deems appropriate, including but not limited to future opportunities, collection costs, etc. The immediate termination or suspension of this Permit condition and any mitigation or repairs may be Agreement. determined by the Park Supervisor with Permittee prior to the end of the Agreement. Any fixtures to 24. TERMINATION walls or the ground shall either remain as fixtures or a. This Agreement shall terminate on [ ] unless this upon agreement of the parties be removed promptly date is properly amended in accordance with all (no more than fourteen (14) calendar days after applicable laws and regulations or by agreement of termination of this Agreement unless otherwise Page 32 of 35
agreed between the parties). Agreement does not confer any rights in real property to the Permittee. g. Failure to vacate; holdover. e. As a licensee, the Permittee may enter and use the Should the Permittee remain on the Premises, Premises solely for those purposes and pursuant to continuing to operate past the agreed upon the provisions contained in this Permit Agreement. termination date without an extension or other express written permission of DCR, Permittee shall f. Any use of the Premises by the Permittee that is charged and shall pay 100% of the agreed upon inconsistent with the terms of this Permit consideration as provided in Paragraph 2 and Agreement shall be deemed a material breach of the continued insurance above until Permittee removes Permittee’s rights and obligations under this Permit itself and its personal property from the Premises Agreement and constitutes grounds for termination pursuant to this Paragraph and subsections. Such of this Permit Agreement. amount may be prorated on a daily, weekly or 26. ASSIGNMENT AND SUBLETTING monthly amount. Holdover may also be defined as the failure to remove large unwanted items, fixtures, a. The Permittee shall not assign, sublease, transfer or or equipment; any sub-user or other type of otherwise dispose of its management occupant from the Premises at the end of the term of responsibilities or of any right, interest or use of the this Permit Agreement also constitutes a holdover Premises covered by this Permit Agreement without by Permittee. Permittee is authorized to act on the prior non-electronic written consent of the DCR. behalf of DCR for the limited purpose of removal of b. Any such disposition without the written consent of any sub-user or occupant, even after termination of the DCR shall constitute a material breach of this the Permit Agreement. Permittee may be charged Permit Agreement which shall be cause for with any removal and restoration costs. Should immediate termination of the Permit Agreement by there be any authorized or unauthorized sub-user the DCR. (including spouse, partner, shareholder, employee, etc.) of the Premises, the Permittee shall be c. The DCR shall not be obligated to recognize any responsible at its sole cost and expense for right of any person or entity to any interest in this removing any person or entity authorized or Permit Agreement or to any rights, equipment, unauthorized by the Permittee from the Premises structures, or property of the Permittee at the who may have been on the Premises prior to the Premises. Any unapproved assignments of rights termination of this Permit Agreement and continues under this Permit Agreement are void. This Permit to occupy a portion of the Premises thereafter. Agreement is non-assignable because it is a personal services contract and an assignment will be 25. STATUS OF PERMIT AGREEMENT a material change to the DCR’s duty, risk and a. The relationship of the Permittee to the chance of receiving return performance (e.g. Commonwealth of Massachusetts and the DCR is compensation). that of a licensee to a licensor. d. The Permittee may not enter into any agreement b. The Permittee covenants that it will conduct itself with any entity or person except employees of the consistent with such status, that it will neither hold Permittee to exercise substantial management itself out nor claim to be an officer or employee of responsibilities for operation of the Premises the Commonwealth by reason hereof, and that it without the prior non-electronic written consent of will not, by reason hereof, make any claim, demand the DCR Commissioner or the Commissioner’s or application to or for any right or privilege designee. applicable to an officer or employee of the e. In the event of any unapproved or prohibited Commonwealth of Massachusetts including, but not transfer or encumbrance by the Permittee, or in the limited to, Workers’ Compensation Coverage, event of any default of its obligations to persons or unemployment insurance benefits, social security entities which are not a Party to the Permit coverage, retirement membership or credit. Agreement, such person or entity shall not be c. Nothing herein contained shall create or be deemed to have acquired operating rights, construed as creating a legal partnership between privileges, to operate at the Premises or to any real the DCR and the Permittee, or to constitute an property of the DCR. agency with the Permittee as an agent of the DCR or f. There are no third-party beneficiaries to this Permit the Commonwealth. Agreement. d. The Permittee acknowledges that this Permit 27. OWNERSHIP; CORPORATE STATUS Page 33 of 35
a. If the Permittee is or becomes a corporation, or contemporaneous oral or written statements that other entity (LLC, partnership, etc.) the Permittee alter, contradict, or are in addition to the terms of shall furnish DCR with notice prior to such change this Permit Agreement are inadmissible. an information concerning the entity (Articles of c. In the event of a conflict between any provision of Incorporation, By-Laws, List of major shareholders this Permit Agreement and any provision of the RFP if different than original permittee party, and Award Notice the provision of this Permit Management Agreement, Annual filings, Town Agreement shall govern. Business Certificate) and shall also furnish appropriate evidence of action by its Board of 31. FORUM Directors, shareholders, members or managers, or Any actions arising out of a Contract shall be governed partners ratifying the execution and delivery of this by the laws of Massachusetts Permit Agreement by the Permittee. 32. SEVERABILITY b. The Permittee shall furnish to the DCR a list of its directors, officers or managing members, partners If any provision of this Permit Agreement, or portion of and their contact information, and shall promptly such provision, is deemed invalid or unenforceable, the notify the DCR of any changes in ownership or remainder of this Permit Agreement shall continue in corporate status or any change in its Board of full effect. Directors, officers, managers or partners. 33. MODIFICATIONS OR AMENDMENTS c. The Permittee agrees that there shall not be any Modifications or amendments to this Permit Agreement change in its ownership or corporate status without shall be in non-electronic writing and duly executed by prior notification to the DCR. Permittee shall both Parties hereto to be effective. maintain its ownership or corporate status with all applicable state agencies (Massachusetts Secretary 34. NOTICE of State, MA Attorney General’s Charities Division, For purposes of this Permit Agreement, the Parties etc.). hereto shall be deemed duly notified of any information 28. WAIVER or issues arising from the operation under this Permit Agreement in accordance with the terms and provisions No waiver of any term, condition or covenant of this hereof only if written notices are provided by in hand, Permit Agreement, by either Party at any time, shall be overnight courier, or first class mail, with copies by fax deemed a waiver at any time thereafter of the same or e-mail, to the following persons at the indicated provision or of any other provision contained herein or addresses, subject to change upon notice in writing to of the strict and prompt performance thereof. that effect by either party: 29. FORCE MAJEURE DCR 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 PERMITTEE 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 Page 34 of 35
SIGNATORIES The Parties herein have read the above terms and conditions and hereby agree and approve same.
DEPARTMENT OF CONSERVATION AND PERMITTEE RECREATION
______Carol I. Sanchez, Commissioner Signature ______Printed name ______Title Date: ______Duly Authorized:
Date: ______
Please attach a corporate or LLC vote (as applicable)
EXHIBITS TO PERMIT
A. ANY SPECIALIZED CONCESSION SERVICES AND REQUIREMENTS If and as applicable, Permittee shall comply with the following requirements: B. AWARD NOTICE C. PROPOSAL (Excerpt only) D. RFP E. CONTACT SHEET (PERMITTEE DIRECT, DCR APPLICABLE STAFF, DISTRICT UP) F. MAP OR DRAWING DEPICTING PREMISES AS USED BY PERMITTEE, AND PARK MAP, ANY PHOTOS G. SUMMARY REPORT FORM and ANY OTHER DOCUMENTS –special conditions related to type of concession or permittee
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