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REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer...

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Page 1 of 12 REQUEST FOR PROPOSALS Operation of Mobile Food and Beverage Concessions RFP # PARKS021909MC Table of Contents 1. Project Summary .....................................................................................................................................1 2. Outline of Work .......................................................................................................................................1 3. Contract Term ..........................................................................................................................................2 4. Preferred Qualifications ...........................................................................................................................2 5. Submission Deadline ...............................................................................................................................2 6. Review Criteria ........................................................................................................................................2 7. Instructions for Proposers ........................................................................................................................2 A. DEP’s Official Agency Contact.......................................................................................................2 B. Proposer’s Representatives ..............................................................................................................2 C. Communications Notice ..................................................................................................................3 D. RFP Timeline ...................................................................................................................................3 E. Letter of Intent .................................................................................................................................3 F. Proposers' Conferences ....................................................................................................................3 G. Inquiry Procedures ...........................................................................................................................3 H. Confidential Information .................................................................................................................6 I. Affidavit Concerning Gifts and Campaign Contributions (NOTE: Only required for proposals with a total value of $50,000 or greater.) ........................................................................................6 J. Campaign Contribution Ban ............................................................................................................6 K. Minimum Submission Requirements ..............................................................................................6 L. Multiple Submissions ......................................................................................................................6 M. Contract Compliance Requirements (required for any application exceeding $3,000.00) ..............6 N. Style Requirements ..........................................................................................................................7 O. Packaging and Labeling Requirements ...........................................................................................7 P. Meetings with Proposers..................................................................................................................7 8. Required Format for Proposals ................................................................................................................7 9. RFP Conditions........................................................................................................................................9 10. Agency’s Standard Contract and Conditions and State’s Contract Compliance Requirements ..........11 11. Park Descriptions .................................................................................................................................11 1. Project Summary Provide mobile food and beverage concessionaire service to the general public at one, some, or all of the following state parks: Mashamoquet Brook, Silver Sands, Sleeping Giant, Squantz Pond, and Wharton Brook. Park descriptions are found in Section 11 on page 9. (NOTE: If bidding on more than one location, proposers are advised to submit a separate proposal for each location . Combination proposals will only be considered after the Selection Committee determines that individual proposals do not fully satisfy the selection criteria.) 2. Outline of Work The Concessionaire will be responsible for all aspects of the mobile food service operation, including equipment and supply requisition, preparation and service of foods and beverages, clean up and trash disposal, and compliance with any state or municipally mandated recycling plan for designated recyclables generated by the operation. Concessionaire responsibilities also include but are not limited to: insurance, maintenance of the area surrounding the mobile concession and any
Transcript
Page 1: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 1 of 12

REQUEST FOR PROPOSALS

Operation of Mobile Food and Beverage Concessions

RFP PARKS021909MC

Table of Contents

1 Project Summary 1 2 Outline of Work 1 3 Contract Term 2

4 Preferred Qualifications 2 5 Submission Deadline 2 6 Review Criteria 2 7 Instructions for Proposers 2

A DEPrsquos Official Agency Contact 2

B Proposerrsquos Representatives 2 C Communications Notice 3

D RFP Timeline 3 E Letter of Intent 3 F Proposers Conferences 3 G Inquiry Procedures 3

H Confidential Information 6 I Affidavit Concerning Gifts and Campaign Contributions (NOTE Only required for proposals

with a total value of $50000 or greater) 6 J Campaign Contribution Ban 6 K Minimum Submission Requirements 6

L Multiple Submissions 6 M Contract Compliance Requirements (required for any application exceeding $300000) 6

N Style Requirements 7

O Packaging and Labeling Requirements 7

P Meetings with Proposers 7 8 Required Format for Proposals 7

9 RFP Conditions 9 10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements 11 11 Park Descriptions 11

1 Project Summary

Provide mobile food and beverage concessionaire service to the general public at one some or all

of the following state parks Mashamoquet Brook Silver Sands Sleeping Giant Squantz Pond and

Wharton Brook Park descriptions are found in Section 11 on page 9 (NOTE If bidding on more

than one location proposers are advised to submit a separate proposal for each location

Combination proposals will only be considered after the Selection Committee determines that

individual proposals do not fully satisfy the selection criteria)

2 Outline of Work

The Concessionaire will be responsible for all aspects of the mobile food service operation

including equipment and supply requisition preparation and service of foods and beverages clean

up and trash disposal and compliance with any state or municipally mandated recycling plan for

designated recyclables generated by the operation Concessionaire responsibilities also include but

are not limited to insurance maintenance of the area surrounding the mobile concession and any

Page 2 of 12

other necessary expenses that may arise during the operation of the concession The proposed

concessionaire will be responsible for compliance with all applicable federal state and municipal

laws and regulations for a mobile food service operation

3 Contract Term

The contract term shall be from the execution date of the Contract through September 30 2011

The contract may be extended for an additional two year period at the discretion of the DEP and

with the consent of the concessionaire (NOTE Due to construction planned at Mashamoquet

Brook State Park which is scheduled to begin as early as September 8 2009 mobile concession

operations for the 2009 season must cease there following Labor Day Weekend Concession

operations may resume a normal schedule beginning in the spring of 2010)

4 Preferred Qualifications

Proposer should possess or have ready access to all supplies and equipment necessary for

a mobile food service operation

Proposer should have at least five years of experience in mobile food service operations

5 Submission Deadlines

Letter of Intent to Apply must be received by 400 pm on March 6 2009

Proposals for a Food Service Concession must be received by 400 pm on March 24 2009

6 Review Criteria

Ability to meet the terms described in Attachment A of the Sample Contract (enclosed)

Variety of foods and beverages offered

Competitiveness of pricing relative to local standards

Demonstrated experience in mobile food service operations

Evidence of a well maintained mobile food service vehicle (ie recent photographs)

Amount of proposed rent to be paid to the DEP

7 Instructions for Proposers

A DEPrsquos Official Agency Contact

All proposals and written questions must be submitted to and communications shall be with

Ms Patricia Downes

DEP ndash Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

Phone (860) 424-3504

Fax (860) 424-4070

e-mail patriciadownesctgov

B Proposerrsquos Representatives

Provide the ldquolegalrdquo name title (if applicable) address telephone and FAX numbers e-mail

address(s) and normal hours when you can be reached Social Security or FEIN will be

required when the contract is drafted Note that if Proposer is a Connecticut firm name must be

exactly as registered with the Secretary of State as listed on Concord located at

httpwwwconcord-sotsctgovCONCORDonlineeid=99ampsn=InquiryServlet

Page 3 of 12

C Communications Notice

All communications with the agency or any person representing this agency concerning this

RFP are strictly prohibited except as permitted by Section 7 Subsection A of this RFP Any

violation of this prohibition by Proposers or their representatives may result in disqualification

or other sanctions or both

D RFP Timeline

The following timeline up to and including the deadline for submitting proposals shall be

changed only by an amendment to this RFP Dates after the deadline are target dates only

February 19 2009 RFP Released

March 6 2009 Deadline for Letter of Intent

March 6 2009 Deadline for Written Questions

March 14 2009 Proposersrsquo Conferences

March 17 2009 Official Answers Released

March 24 2009 by 400 pm Deadline for Submitting Proposals

April 1 2009 Contractor Selection

April 2 2009 Start of Contract Negotiations

April 13 2009 Contracts prepared for signature

E Letter of Intent

Any Proposer intending to respond to this RFP must complete and submit a Letter of Intent

(form attached) to the Official Agency Contact by US mail or facsimile not later than 400 pm

on March 6 2009 As an original signature is required a letter of intent sent by e-mail is

unacceptable The letter of intent is non-binding in that the Proposer is not required to submit

an application Include a written statement that the Proposer has read and accepts the RFPrsquos

conditions (Section 9) the agencyrsquos standard contract and conditions (sample contract

enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 7

Subsection M and Sample Contract Section 4) in their entirety and without amendment The

statement must be signed by the Proposer Proposers may not attend the Proposers

Conference unless they have submitted a letter of intent

F Proposers Conferences

Proposersrsquo conferences will be held at the times and locations listed below Attendance is

mandatory The Proposer or the proposers designated Representative (as defined in Section 8

Subsection C) must attend the conference Sign-in begins at the times listed below Proposals

will not be accepted unless the Proposer or the Proposers Representative signs the

conference attendance log with 15 minutes of the conference start times listed below

Silver Sands Milford March 14 2009 at 900 am

Sleeping Giant Hamden March 14 2009 at 100 pm

Wharton Brook North Haven March 14 2009 at 400 pm

Squantz Pond New Fairfield March 15 2009 at 900 am

Mashamoquet Brook Pomfret Center March 15 2009 at 130 pm

G Inquiry Procedures

Proposers may submit questions about the RFP to the Official Agency Contact on or before

March 6 2009 All questions must be in writing and submitted by US mail facsimile or e-

mail Questions will not be accepted over the telephone Anonymous questions will not be

answered The agency reserves the right to provide a combined answer to similar questions

Page 4 of 12

Questions received by March 6 2009 will be answered at the Proposers Conference Questions

arising at the Proposers Conference will be answered at the conference The agency will

distribute official answers to any and all questions in the form of a written amendment not

later than March 17 2009 to all Proposers who attended the Proposers Conference Any

Proposer who has not received the amendment within two business days following the

distribution date may contact the Official Agency Contact by telephone to request a copy Any

amendments to this RFP will also be posted by March 17 2009 on the Department of

Administrative Services Contracting Portal

THE FOLLOWING SEVEN QUESTIONS REFER TO SQUANTZ POND STATE

PARK BUT ANSWERS ARE VALID IN ALL LOCATIONS WHERE APPLICABLE

Question 1 ldquoWould the State consider using the concession already on site for this

contract The building is fully equipped for food service In 1998 a propane line was

installed for gas The building also has the right size and build for a full service food and

supply concession I understand the building was converted but after viewing it myself

last year I still think this building would be better utilized as a concession The concession

does not need the entire building so the back can still be used by the State Is there any

chance this would be considered it makes the location more viable for a food operation

and offers better service for the publicrdquo

Answer 1 The former park concession building was totally renovated in the spring of 2008

Interior additions include the construction of a ranger station first aid room handicapped

restroom and law enforcement office Remaining space is utilized for storage of lifeguard

equipment including small boats All commercial grade systems including water ventilation

and fire suppression were removed The structure is not suitable nor to code for a food

concession

Question 2 Is the park contract required to sell food and ice cream I have an ice cream

truck Do I have to sell food

Answer 2 No you design the menu and it is then discussed and approved with the DEP when

the contract is awarded

Question 3 If you have a permit with the town for town sponsored events in the park

(movie Night) is that permit still valid

Answer 3 No If the DEP has an exclusive contract with a food vendor the Town of New

Fairfield or any other licensee may not enter in to an agreement with another vendor to sell

food in the park except where that vendor would be offering selections that the contracted

vendor declines to offer For example an ice cream vendor might decline to offer hot dogs in

which case a licensee is permitted to enter in to an agreement with a hot dog vendor provided

the hot dog vendor does not offer ice cream as well In all cases the contracted vendor has the

right of first refusal However a licensee may give away food of any kind without consulting

with the contracted vendor

Question 4 Can a mobile unit (if a trailer) be allowed to park over night on site

Answer 4 No

Page 5 of 12

Question 5 Can the mobile unit have access to power

Answer 5 No

Question 6 Any available room for storage

Answer 6 No

Question 7 Is there any Spanish speaking staff

Answer 7 Yes a full time interpreter has been hired this is her second summer at Squantz

THE FOLLOWING TEN QUESTIONS REFER TO SILVER SANDS STATE PARK BUT

ANSWERS ARE VALID IN ALL LOCATIONS WHERE APPLICABLE

1 Where can I set up my stand park my truck

Answer Adjacent the portable toilets Not on the beach

2 Can I play my Ice cream Melody

Answer When you are officially open for the day once and then once an hour

3 Do other vendors pass through the park If so what is done to control this

Answer On occasion an ice cream vendor will pass through when this happens DEP staff

turns them away However there is an ice cream vendor that visits the residence

on East Broadway

4 How will visitors find my concession stand

Answer Once a vendor is on site the Park staff can post a sign directing visitors to the

Concession Stand This would be a standard DEP sign in the standard grey

and white

5 Should I sell water

Answer Yes

6 Should I sell buckets lotion toys

Answer Yes

7 Who can I use as a reference and what is the purpose

Answer The packet you have states ldquo a clientrdquo The purpose of the reference is to

assist DEP in confirming you can provide this service

8 Can I use a Park Supervisor of a park I recently worked at as a reference

Answer Yes

9 What kind of vendor is the park looking for

Answer Food and drink vendor

10 How busy is the park

Answer On weekends if weather is good 200 ndash 600 cars are parked On weekdays while

we frequently park over 200 I would estimate that 100 to 200 cars are parked

per day DEP estimates 4 people per car

Page 6 of 12

H Confidential Information

Proposers are advised not to include in their proposals any proprietary information The

Connecticut Freedom of Information Act generally requires the disclosure of documents in the

possession of the State upon request of any citizen unless the content of the document falls

within certain categories of exemption An example of an exemption is a ldquotrade secretrdquo as

defined by statute (CGS sect 1-19(b)(5)) If the information is not readily available to the public

from other sources and the Proposer submitting the information requests confidentiality then

the information generally is considered to be ldquogiven in confidencerdquo Confidential information

must be isolated from other material in the proposal and labeled CONFIDENTIAL

I Affidavit Concerning Gifts and Campaign Contributions (NOTE Only required for

proposals with a total value of $50000 or greater)

Pursuant to Public Act 04-245 all Proposers must provide a signed affidavit attesting to

whether or not gifts were provided to certain public officials or State employees during the

two-year period preceding the submission of a proposal In addition pursuant to paragraph 8

of Governor M Jodi Rellrsquos Executive Order No 1 anyone who files an affidavit pursuant to

Public Act 04-245 shall disclose in those affidavits all contributions made to campaigns of

candidates for state-wide public office or the General Assembly Further any Contractor who

is awarded a large State contract shall update the affidavit on an annual basis

J Campaign Contribution Ban

With regard to a State contract as defined in PA 07-1 having a value in a calendar year of

$50000 or more or a combination or series of such agreements or contracts having a value of

$100000 or more the authorized signatory to this submission in response to the States

solicitation expressly acknowledges receipt of the State Elections Enforcement Commissions

notice advising prospective state contractors of state campaign contribution and solicitation

prohibitions and will inform its principals of the contents of the notice See SEEC Form 11

K Minimum Submission Requirements

At a minimum proposals must (1) be submitted before the deadline (2) follow the preferred

format (3) satisfy the packaging and labeling requirements (4) be complete and (5) include

the required affidavits concerning gifts and campaign contributions (if applicable) Proposals

that fail to meet these minimum submission requirements may be disqualified

L Multiple Submissions

Multiple proposals by the same Proposer will be considered Proposals may be for a single

location or for a combination of the locations If bidding on more than one location proposers

are advised to submit a separate proposal for each location Proposals for a combination of

locations will only be considered after the Selection Committee determines that individual

proposals do not fully satisfy the selection criteria

M Contract Compliance Requirements (required for any application exceeding $300000)

See CHRO website for specific forms The following table will assist in determining which

forms are required

Page 7 of 12

Contract Amount Bidder Contract Compliance

Monitoring Report Required and

Affidavit for Certification of

Subcontractors as Minority Business

Enterprises

Affirmative

Action Plan

$0 - $4000 No No

$400001 - $999900 Yes No

$10000 - $250000 Yes No

$250000 or more Yes Yes

The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does

not discriminate in its hiring employment or business practices The State is committed to

complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate

on the basis of disability in admission to access to or operation of its programs services or

activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet

the contract compliance requirements for one or more of the following factors (1) success in

implementing an affirmative action plan (2) success in developing an apprenticeship program

complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State

Agencies (3) promise to develop and implement a successful affirmative action plan (4)

submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or

near parity in the relevant labor market area or (5) promise to set aside a portion of the contract

for legitimate minority business enterprises

N Style Requirements

To the extent possible proposals should conform to the following specifications (1) be word

processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)

have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than

10 pages in length including any attachments (5) display the Proposerrsquos name on the header of

each page and (6) display page numbers at the bottom of each page

O Packaging and Labeling Requirements

The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals

must be submitted in sealed envelopes or packages and be addressed to the Official Agency

Contact The name and address of the Proposer must appear in the upper left corner of the

envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24

2009 A signed original (clearly identified as such) and four exact copies of the proposal must

be submitted An electronic document format may be substituted for the four exact copies

Proposals transmitted by facsimile or email will not be accepted or reviewed

P Meetings with Proposers

At its discretion the Agency may convene meetings with Proposers in order to gain a fuller

understanding of the proposals The meetings may involve demonstrations interviews

presentations or site visits If the agency decides meetings are warranted the Official Agency

Contact will telephone Proposers to make an appointment Any such meetings are tentatively

scheduled to take place March 25 - 31 2009

8 Required Format for Proposals

All proposals must follow the required format below and address all requirements listed in the

prescribed order using the prescribed numbering system Failure to follow the required format

may result in the disqualification of a proposal

Page 8 of 12

A Name of the Contract for which the proposal is being submitted (ie which park or parks)

B Proposers Information

Provide the information requested below

1 Name of Proposer

2 Business Address

3 Telephone Number

4 E-mail Address (If Available)

5 Federal Employer ID Number Social Security Number

C Proposerrsquos Representatives

The Proposer may designate an authorized representative and one alternate who may speak and

act on behalf of the Proposer in all dealings with the agency if necessary Provide the

following information for each individual

1 Names

2 Telephone Numbers 3 Normal Hours of Work

D Individual or Organizational Profile

1 Qualifications

Proposers must be at least 18 years of age and must be able to legally work in the

United States of America for the entire term of the contract

Provide a statement of your organizations qualifications and food service

experience Where applicable the statement should include a history of annual gross

receipts for the Proposers three most recent years of operating a food and beverage

concessions

2 Key Personnel and Staffing

Identify the key supervisory and management personnel that will be assigned to this project

Attach resumes reflecting their qualifications including related work experience The

Department must be given advanced notice in writing of the departure of any key personnel

from the project Identify the personnel resources that will be assigned to meet the work

schedule outlined below in Section E Subsection 4

3 Legal Status

If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole

proprietorship partnership limited partnership corporation subchapter S corporation)

Report the states in which the organization is registered to do business

4 References

Include three letters of reference from recent clients Provide the following information for

each reference name title company address and phone number

Page 9 of 12

5 Conflict of Interest

Include a disclosure statement concerning any current business relationships (within the last

3 years) that may pose a conflict of interest as defined by CGS sect 1-85

E Outline of Work

1 Personnel

Describe who will be working at the concession What is their level of experience in food

service operation and describe the level of supervision will they receive Describe the dress

code and personal hygiene standards

2 Menu

Provide a sample menu with a price list Describe any non-consumable items you would

have for sale (ie sun tan lotion flip-flops etc)

3 Equipment

Provide photographs of the self-contained vehicle or cart from which the concession will be

operating sufficient to represent all views visible to the public Describe any support

services provided by the park that will be necessary to operate the mobile food and

beverage concession

4 Schedule

Include a proposed work schedule that includes the following periods April 15 through the

Friday before Memorial Day the Saturday of Memorial Day Weekend through Labor Day

and the Tuesday after Labor Day to September 30 Schedule should include hours of

operation and levels of staffing during various periods such as weekendsholidays

weekdays earlylate season and peak season

9 RFP Conditions

A All proposals in response to this RFP are to be the sole property of DEP Proposers are

encouraged not to include in their proposals any information that is proprietary All materials

associated with this procurement process are subject to the terms of State laws defining

freedom of information and privacy and all rules regulations and interpretations resulting from

those laws

B Any product whether acceptable or unacceptable developed under a contract awarded as a

result of the RFP is to be the sole property of DEP

C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP

D The Proposer agrees that the proposal will remain valid for a period of 90 days after the

deadline for submission and may be extended beyond that time by mutual agreement

E DEP may amend or cancel this RFP prior to the due date and time if DEP deems it to be

necessary appropriate or otherwise in the best interests of DEP Failure to acknowledge

Page 10 of 12

receipt of amendments in accordance with the instructions contained in the amendments may

result in a proposal not being considered

F The Proposer must certify that the personnel identified in its response to this RFP will be the

persons actually assigned to the project Any additions deletions or changes in personnel

assigned to the project must be approved by DEP or its designee with the exception of

personnel who have terminated employment Replacements for personnel who have terminated

employment are subject to approval by DEP or its designee At its discretion DEP may require

the removal and replacement of any of the Proposers personnel who do not perform adequately

on the project regardless of whether they were previously approved by DEP

G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole

responsibility of the Proposer

H A Proposer must be prepared to present evidence of experience ability service facilities and

financial condition necessary to satisfactorily meet the requirements set forth or implied in the

proposal

I No additions or changes to the original proposal will be allowed after submission While

changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos

sole cost and expense

J In some cases Proposers may be asked to give demonstrations interviews presentations or

further explanation to the RFPrsquos Screening Committee

K The Proposer represents and warrants that the proposal is not made in connection with any

other Proposer and is in all respects fair and without collusion or fraud The Proposer further

represents and warrants that the Proposer did not participate in any part of the RFP

development process had no knowledge of the specific contents of the RFP prior to its

issuance and that no agent representative or employee of DEP participated directly in the

Proposerrsquos proposal preparation

L All responses to the RFP must conform to instruction Failure to include required signatures

provide the required number of copies meet deadlines answer all questions follow the

required format or failure to comply with any other requirements of this RFP may be

considered appropriate cause for rejection of the response

M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of

standard contract and conditions attached)

N The contract will represent the entire agreement between the Proposer and DEP and will

supersede all prior negotiations representations or agreements alleged or made between the

parties DEP or the State shall assume no liability for payment of services under the terms of

the contract until the successful Proposer is notified that the contract has been accepted and

approved by DEP and by the AGrsquos Office The contract may be amended only by means of a

written instrument signed by DEP the Proposer and the AGrsquos Office

O Rights Reserved to DEP

The DEP reserves the right to award in part to reject any and all proposals in whole or in part

for misrepresentation or if the Proposer is in default of any prior State contract or if the

Page 11 of 12

proposal limits or modifies any of the terms and conditions andor specifications of the RFP

The DEP also reserves the right to waive technical defect irregularities and omissions if in its

judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate

awards resulting from its clerical errors This may include in extreme circumstances revoking

the awarding of a contract already made to a Proposer and subsequently awarding the contract

to another Proposer Such action on the part of DEP shall not constitute a breach of contract on

the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of

no effect as if no contract ever existed between DEP and the Proposer

10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements

See the attached Sample Concession Contract for standard contract conditions

11 Park Descriptions

A Silver Sands State Park Milford

1 Activities

Saltwater Swimming

Saltwater Fishing

Boardwalk

Picnicking

2 Attendance in 2008 was 208000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

B Sleeping Giant State Park Hamden

1 Activities

River Fishing

Picnicking

Hiking

Scenic Vista

Youth Group Camping

2 Attendance in 2008 was 163000 day use visitors

+

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

C Wharton Brook State Park North Haven

1 Activities

Swimming

Freshwater Fishing

Picnicking

2 Attendance in 2008 was 56000 day use visitors

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 2: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 2 of 12

other necessary expenses that may arise during the operation of the concession The proposed

concessionaire will be responsible for compliance with all applicable federal state and municipal

laws and regulations for a mobile food service operation

3 Contract Term

The contract term shall be from the execution date of the Contract through September 30 2011

The contract may be extended for an additional two year period at the discretion of the DEP and

with the consent of the concessionaire (NOTE Due to construction planned at Mashamoquet

Brook State Park which is scheduled to begin as early as September 8 2009 mobile concession

operations for the 2009 season must cease there following Labor Day Weekend Concession

operations may resume a normal schedule beginning in the spring of 2010)

4 Preferred Qualifications

Proposer should possess or have ready access to all supplies and equipment necessary for

a mobile food service operation

Proposer should have at least five years of experience in mobile food service operations

5 Submission Deadlines

Letter of Intent to Apply must be received by 400 pm on March 6 2009

Proposals for a Food Service Concession must be received by 400 pm on March 24 2009

6 Review Criteria

Ability to meet the terms described in Attachment A of the Sample Contract (enclosed)

Variety of foods and beverages offered

Competitiveness of pricing relative to local standards

Demonstrated experience in mobile food service operations

Evidence of a well maintained mobile food service vehicle (ie recent photographs)

Amount of proposed rent to be paid to the DEP

7 Instructions for Proposers

A DEPrsquos Official Agency Contact

All proposals and written questions must be submitted to and communications shall be with

Ms Patricia Downes

DEP ndash Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

Phone (860) 424-3504

Fax (860) 424-4070

e-mail patriciadownesctgov

B Proposerrsquos Representatives

Provide the ldquolegalrdquo name title (if applicable) address telephone and FAX numbers e-mail

address(s) and normal hours when you can be reached Social Security or FEIN will be

required when the contract is drafted Note that if Proposer is a Connecticut firm name must be

exactly as registered with the Secretary of State as listed on Concord located at

httpwwwconcord-sotsctgovCONCORDonlineeid=99ampsn=InquiryServlet

Page 3 of 12

C Communications Notice

All communications with the agency or any person representing this agency concerning this

RFP are strictly prohibited except as permitted by Section 7 Subsection A of this RFP Any

violation of this prohibition by Proposers or their representatives may result in disqualification

or other sanctions or both

D RFP Timeline

The following timeline up to and including the deadline for submitting proposals shall be

changed only by an amendment to this RFP Dates after the deadline are target dates only

February 19 2009 RFP Released

March 6 2009 Deadline for Letter of Intent

March 6 2009 Deadline for Written Questions

March 14 2009 Proposersrsquo Conferences

March 17 2009 Official Answers Released

March 24 2009 by 400 pm Deadline for Submitting Proposals

April 1 2009 Contractor Selection

April 2 2009 Start of Contract Negotiations

April 13 2009 Contracts prepared for signature

E Letter of Intent

Any Proposer intending to respond to this RFP must complete and submit a Letter of Intent

(form attached) to the Official Agency Contact by US mail or facsimile not later than 400 pm

on March 6 2009 As an original signature is required a letter of intent sent by e-mail is

unacceptable The letter of intent is non-binding in that the Proposer is not required to submit

an application Include a written statement that the Proposer has read and accepts the RFPrsquos

conditions (Section 9) the agencyrsquos standard contract and conditions (sample contract

enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 7

Subsection M and Sample Contract Section 4) in their entirety and without amendment The

statement must be signed by the Proposer Proposers may not attend the Proposers

Conference unless they have submitted a letter of intent

F Proposers Conferences

Proposersrsquo conferences will be held at the times and locations listed below Attendance is

mandatory The Proposer or the proposers designated Representative (as defined in Section 8

Subsection C) must attend the conference Sign-in begins at the times listed below Proposals

will not be accepted unless the Proposer or the Proposers Representative signs the

conference attendance log with 15 minutes of the conference start times listed below

Silver Sands Milford March 14 2009 at 900 am

Sleeping Giant Hamden March 14 2009 at 100 pm

Wharton Brook North Haven March 14 2009 at 400 pm

Squantz Pond New Fairfield March 15 2009 at 900 am

Mashamoquet Brook Pomfret Center March 15 2009 at 130 pm

G Inquiry Procedures

Proposers may submit questions about the RFP to the Official Agency Contact on or before

March 6 2009 All questions must be in writing and submitted by US mail facsimile or e-

mail Questions will not be accepted over the telephone Anonymous questions will not be

answered The agency reserves the right to provide a combined answer to similar questions

Page 4 of 12

Questions received by March 6 2009 will be answered at the Proposers Conference Questions

arising at the Proposers Conference will be answered at the conference The agency will

distribute official answers to any and all questions in the form of a written amendment not

later than March 17 2009 to all Proposers who attended the Proposers Conference Any

Proposer who has not received the amendment within two business days following the

distribution date may contact the Official Agency Contact by telephone to request a copy Any

amendments to this RFP will also be posted by March 17 2009 on the Department of

Administrative Services Contracting Portal

THE FOLLOWING SEVEN QUESTIONS REFER TO SQUANTZ POND STATE

PARK BUT ANSWERS ARE VALID IN ALL LOCATIONS WHERE APPLICABLE

Question 1 ldquoWould the State consider using the concession already on site for this

contract The building is fully equipped for food service In 1998 a propane line was

installed for gas The building also has the right size and build for a full service food and

supply concession I understand the building was converted but after viewing it myself

last year I still think this building would be better utilized as a concession The concession

does not need the entire building so the back can still be used by the State Is there any

chance this would be considered it makes the location more viable for a food operation

and offers better service for the publicrdquo

Answer 1 The former park concession building was totally renovated in the spring of 2008

Interior additions include the construction of a ranger station first aid room handicapped

restroom and law enforcement office Remaining space is utilized for storage of lifeguard

equipment including small boats All commercial grade systems including water ventilation

and fire suppression were removed The structure is not suitable nor to code for a food

concession

Question 2 Is the park contract required to sell food and ice cream I have an ice cream

truck Do I have to sell food

Answer 2 No you design the menu and it is then discussed and approved with the DEP when

the contract is awarded

Question 3 If you have a permit with the town for town sponsored events in the park

(movie Night) is that permit still valid

Answer 3 No If the DEP has an exclusive contract with a food vendor the Town of New

Fairfield or any other licensee may not enter in to an agreement with another vendor to sell

food in the park except where that vendor would be offering selections that the contracted

vendor declines to offer For example an ice cream vendor might decline to offer hot dogs in

which case a licensee is permitted to enter in to an agreement with a hot dog vendor provided

the hot dog vendor does not offer ice cream as well In all cases the contracted vendor has the

right of first refusal However a licensee may give away food of any kind without consulting

with the contracted vendor

Question 4 Can a mobile unit (if a trailer) be allowed to park over night on site

Answer 4 No

Page 5 of 12

Question 5 Can the mobile unit have access to power

Answer 5 No

Question 6 Any available room for storage

Answer 6 No

Question 7 Is there any Spanish speaking staff

Answer 7 Yes a full time interpreter has been hired this is her second summer at Squantz

THE FOLLOWING TEN QUESTIONS REFER TO SILVER SANDS STATE PARK BUT

ANSWERS ARE VALID IN ALL LOCATIONS WHERE APPLICABLE

1 Where can I set up my stand park my truck

Answer Adjacent the portable toilets Not on the beach

2 Can I play my Ice cream Melody

Answer When you are officially open for the day once and then once an hour

3 Do other vendors pass through the park If so what is done to control this

Answer On occasion an ice cream vendor will pass through when this happens DEP staff

turns them away However there is an ice cream vendor that visits the residence

on East Broadway

4 How will visitors find my concession stand

Answer Once a vendor is on site the Park staff can post a sign directing visitors to the

Concession Stand This would be a standard DEP sign in the standard grey

and white

5 Should I sell water

Answer Yes

6 Should I sell buckets lotion toys

Answer Yes

7 Who can I use as a reference and what is the purpose

Answer The packet you have states ldquo a clientrdquo The purpose of the reference is to

assist DEP in confirming you can provide this service

8 Can I use a Park Supervisor of a park I recently worked at as a reference

Answer Yes

9 What kind of vendor is the park looking for

Answer Food and drink vendor

10 How busy is the park

Answer On weekends if weather is good 200 ndash 600 cars are parked On weekdays while

we frequently park over 200 I would estimate that 100 to 200 cars are parked

per day DEP estimates 4 people per car

Page 6 of 12

H Confidential Information

Proposers are advised not to include in their proposals any proprietary information The

Connecticut Freedom of Information Act generally requires the disclosure of documents in the

possession of the State upon request of any citizen unless the content of the document falls

within certain categories of exemption An example of an exemption is a ldquotrade secretrdquo as

defined by statute (CGS sect 1-19(b)(5)) If the information is not readily available to the public

from other sources and the Proposer submitting the information requests confidentiality then

the information generally is considered to be ldquogiven in confidencerdquo Confidential information

must be isolated from other material in the proposal and labeled CONFIDENTIAL

I Affidavit Concerning Gifts and Campaign Contributions (NOTE Only required for

proposals with a total value of $50000 or greater)

Pursuant to Public Act 04-245 all Proposers must provide a signed affidavit attesting to

whether or not gifts were provided to certain public officials or State employees during the

two-year period preceding the submission of a proposal In addition pursuant to paragraph 8

of Governor M Jodi Rellrsquos Executive Order No 1 anyone who files an affidavit pursuant to

Public Act 04-245 shall disclose in those affidavits all contributions made to campaigns of

candidates for state-wide public office or the General Assembly Further any Contractor who

is awarded a large State contract shall update the affidavit on an annual basis

J Campaign Contribution Ban

With regard to a State contract as defined in PA 07-1 having a value in a calendar year of

$50000 or more or a combination or series of such agreements or contracts having a value of

$100000 or more the authorized signatory to this submission in response to the States

solicitation expressly acknowledges receipt of the State Elections Enforcement Commissions

notice advising prospective state contractors of state campaign contribution and solicitation

prohibitions and will inform its principals of the contents of the notice See SEEC Form 11

K Minimum Submission Requirements

At a minimum proposals must (1) be submitted before the deadline (2) follow the preferred

format (3) satisfy the packaging and labeling requirements (4) be complete and (5) include

the required affidavits concerning gifts and campaign contributions (if applicable) Proposals

that fail to meet these minimum submission requirements may be disqualified

L Multiple Submissions

Multiple proposals by the same Proposer will be considered Proposals may be for a single

location or for a combination of the locations If bidding on more than one location proposers

are advised to submit a separate proposal for each location Proposals for a combination of

locations will only be considered after the Selection Committee determines that individual

proposals do not fully satisfy the selection criteria

M Contract Compliance Requirements (required for any application exceeding $300000)

See CHRO website for specific forms The following table will assist in determining which

forms are required

Page 7 of 12

Contract Amount Bidder Contract Compliance

Monitoring Report Required and

Affidavit for Certification of

Subcontractors as Minority Business

Enterprises

Affirmative

Action Plan

$0 - $4000 No No

$400001 - $999900 Yes No

$10000 - $250000 Yes No

$250000 or more Yes Yes

The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does

not discriminate in its hiring employment or business practices The State is committed to

complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate

on the basis of disability in admission to access to or operation of its programs services or

activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet

the contract compliance requirements for one or more of the following factors (1) success in

implementing an affirmative action plan (2) success in developing an apprenticeship program

complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State

Agencies (3) promise to develop and implement a successful affirmative action plan (4)

submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or

near parity in the relevant labor market area or (5) promise to set aside a portion of the contract

for legitimate minority business enterprises

N Style Requirements

To the extent possible proposals should conform to the following specifications (1) be word

processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)

have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than

10 pages in length including any attachments (5) display the Proposerrsquos name on the header of

each page and (6) display page numbers at the bottom of each page

O Packaging and Labeling Requirements

The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals

must be submitted in sealed envelopes or packages and be addressed to the Official Agency

Contact The name and address of the Proposer must appear in the upper left corner of the

envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24

2009 A signed original (clearly identified as such) and four exact copies of the proposal must

be submitted An electronic document format may be substituted for the four exact copies

Proposals transmitted by facsimile or email will not be accepted or reviewed

P Meetings with Proposers

At its discretion the Agency may convene meetings with Proposers in order to gain a fuller

understanding of the proposals The meetings may involve demonstrations interviews

presentations or site visits If the agency decides meetings are warranted the Official Agency

Contact will telephone Proposers to make an appointment Any such meetings are tentatively

scheduled to take place March 25 - 31 2009

8 Required Format for Proposals

All proposals must follow the required format below and address all requirements listed in the

prescribed order using the prescribed numbering system Failure to follow the required format

may result in the disqualification of a proposal

Page 8 of 12

A Name of the Contract for which the proposal is being submitted (ie which park or parks)

B Proposers Information

Provide the information requested below

1 Name of Proposer

2 Business Address

3 Telephone Number

4 E-mail Address (If Available)

5 Federal Employer ID Number Social Security Number

C Proposerrsquos Representatives

The Proposer may designate an authorized representative and one alternate who may speak and

act on behalf of the Proposer in all dealings with the agency if necessary Provide the

following information for each individual

1 Names

2 Telephone Numbers 3 Normal Hours of Work

D Individual or Organizational Profile

1 Qualifications

Proposers must be at least 18 years of age and must be able to legally work in the

United States of America for the entire term of the contract

Provide a statement of your organizations qualifications and food service

experience Where applicable the statement should include a history of annual gross

receipts for the Proposers three most recent years of operating a food and beverage

concessions

2 Key Personnel and Staffing

Identify the key supervisory and management personnel that will be assigned to this project

Attach resumes reflecting their qualifications including related work experience The

Department must be given advanced notice in writing of the departure of any key personnel

from the project Identify the personnel resources that will be assigned to meet the work

schedule outlined below in Section E Subsection 4

3 Legal Status

If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole

proprietorship partnership limited partnership corporation subchapter S corporation)

Report the states in which the organization is registered to do business

4 References

Include three letters of reference from recent clients Provide the following information for

each reference name title company address and phone number

Page 9 of 12

5 Conflict of Interest

Include a disclosure statement concerning any current business relationships (within the last

3 years) that may pose a conflict of interest as defined by CGS sect 1-85

E Outline of Work

1 Personnel

Describe who will be working at the concession What is their level of experience in food

service operation and describe the level of supervision will they receive Describe the dress

code and personal hygiene standards

2 Menu

Provide a sample menu with a price list Describe any non-consumable items you would

have for sale (ie sun tan lotion flip-flops etc)

3 Equipment

Provide photographs of the self-contained vehicle or cart from which the concession will be

operating sufficient to represent all views visible to the public Describe any support

services provided by the park that will be necessary to operate the mobile food and

beverage concession

4 Schedule

Include a proposed work schedule that includes the following periods April 15 through the

Friday before Memorial Day the Saturday of Memorial Day Weekend through Labor Day

and the Tuesday after Labor Day to September 30 Schedule should include hours of

operation and levels of staffing during various periods such as weekendsholidays

weekdays earlylate season and peak season

9 RFP Conditions

A All proposals in response to this RFP are to be the sole property of DEP Proposers are

encouraged not to include in their proposals any information that is proprietary All materials

associated with this procurement process are subject to the terms of State laws defining

freedom of information and privacy and all rules regulations and interpretations resulting from

those laws

B Any product whether acceptable or unacceptable developed under a contract awarded as a

result of the RFP is to be the sole property of DEP

C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP

D The Proposer agrees that the proposal will remain valid for a period of 90 days after the

deadline for submission and may be extended beyond that time by mutual agreement

E DEP may amend or cancel this RFP prior to the due date and time if DEP deems it to be

necessary appropriate or otherwise in the best interests of DEP Failure to acknowledge

Page 10 of 12

receipt of amendments in accordance with the instructions contained in the amendments may

result in a proposal not being considered

F The Proposer must certify that the personnel identified in its response to this RFP will be the

persons actually assigned to the project Any additions deletions or changes in personnel

assigned to the project must be approved by DEP or its designee with the exception of

personnel who have terminated employment Replacements for personnel who have terminated

employment are subject to approval by DEP or its designee At its discretion DEP may require

the removal and replacement of any of the Proposers personnel who do not perform adequately

on the project regardless of whether they were previously approved by DEP

G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole

responsibility of the Proposer

H A Proposer must be prepared to present evidence of experience ability service facilities and

financial condition necessary to satisfactorily meet the requirements set forth or implied in the

proposal

I No additions or changes to the original proposal will be allowed after submission While

changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos

sole cost and expense

J In some cases Proposers may be asked to give demonstrations interviews presentations or

further explanation to the RFPrsquos Screening Committee

K The Proposer represents and warrants that the proposal is not made in connection with any

other Proposer and is in all respects fair and without collusion or fraud The Proposer further

represents and warrants that the Proposer did not participate in any part of the RFP

development process had no knowledge of the specific contents of the RFP prior to its

issuance and that no agent representative or employee of DEP participated directly in the

Proposerrsquos proposal preparation

L All responses to the RFP must conform to instruction Failure to include required signatures

provide the required number of copies meet deadlines answer all questions follow the

required format or failure to comply with any other requirements of this RFP may be

considered appropriate cause for rejection of the response

M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of

standard contract and conditions attached)

N The contract will represent the entire agreement between the Proposer and DEP and will

supersede all prior negotiations representations or agreements alleged or made between the

parties DEP or the State shall assume no liability for payment of services under the terms of

the contract until the successful Proposer is notified that the contract has been accepted and

approved by DEP and by the AGrsquos Office The contract may be amended only by means of a

written instrument signed by DEP the Proposer and the AGrsquos Office

O Rights Reserved to DEP

The DEP reserves the right to award in part to reject any and all proposals in whole or in part

for misrepresentation or if the Proposer is in default of any prior State contract or if the

Page 11 of 12

proposal limits or modifies any of the terms and conditions andor specifications of the RFP

The DEP also reserves the right to waive technical defect irregularities and omissions if in its

judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate

awards resulting from its clerical errors This may include in extreme circumstances revoking

the awarding of a contract already made to a Proposer and subsequently awarding the contract

to another Proposer Such action on the part of DEP shall not constitute a breach of contract on

the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of

no effect as if no contract ever existed between DEP and the Proposer

10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements

See the attached Sample Concession Contract for standard contract conditions

11 Park Descriptions

A Silver Sands State Park Milford

1 Activities

Saltwater Swimming

Saltwater Fishing

Boardwalk

Picnicking

2 Attendance in 2008 was 208000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

B Sleeping Giant State Park Hamden

1 Activities

River Fishing

Picnicking

Hiking

Scenic Vista

Youth Group Camping

2 Attendance in 2008 was 163000 day use visitors

+

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

C Wharton Brook State Park North Haven

1 Activities

Swimming

Freshwater Fishing

Picnicking

2 Attendance in 2008 was 56000 day use visitors

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 3: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 3 of 12

C Communications Notice

All communications with the agency or any person representing this agency concerning this

RFP are strictly prohibited except as permitted by Section 7 Subsection A of this RFP Any

violation of this prohibition by Proposers or their representatives may result in disqualification

or other sanctions or both

D RFP Timeline

The following timeline up to and including the deadline for submitting proposals shall be

changed only by an amendment to this RFP Dates after the deadline are target dates only

February 19 2009 RFP Released

March 6 2009 Deadline for Letter of Intent

March 6 2009 Deadline for Written Questions

March 14 2009 Proposersrsquo Conferences

March 17 2009 Official Answers Released

March 24 2009 by 400 pm Deadline for Submitting Proposals

April 1 2009 Contractor Selection

April 2 2009 Start of Contract Negotiations

April 13 2009 Contracts prepared for signature

E Letter of Intent

Any Proposer intending to respond to this RFP must complete and submit a Letter of Intent

(form attached) to the Official Agency Contact by US mail or facsimile not later than 400 pm

on March 6 2009 As an original signature is required a letter of intent sent by e-mail is

unacceptable The letter of intent is non-binding in that the Proposer is not required to submit

an application Include a written statement that the Proposer has read and accepts the RFPrsquos

conditions (Section 9) the agencyrsquos standard contract and conditions (sample contract

enclosed) and the Statersquos contract compliance requirements (Request for Proposals Section 7

Subsection M and Sample Contract Section 4) in their entirety and without amendment The

statement must be signed by the Proposer Proposers may not attend the Proposers

Conference unless they have submitted a letter of intent

F Proposers Conferences

Proposersrsquo conferences will be held at the times and locations listed below Attendance is

mandatory The Proposer or the proposers designated Representative (as defined in Section 8

Subsection C) must attend the conference Sign-in begins at the times listed below Proposals

will not be accepted unless the Proposer or the Proposers Representative signs the

conference attendance log with 15 minutes of the conference start times listed below

Silver Sands Milford March 14 2009 at 900 am

Sleeping Giant Hamden March 14 2009 at 100 pm

Wharton Brook North Haven March 14 2009 at 400 pm

Squantz Pond New Fairfield March 15 2009 at 900 am

Mashamoquet Brook Pomfret Center March 15 2009 at 130 pm

G Inquiry Procedures

Proposers may submit questions about the RFP to the Official Agency Contact on or before

March 6 2009 All questions must be in writing and submitted by US mail facsimile or e-

mail Questions will not be accepted over the telephone Anonymous questions will not be

answered The agency reserves the right to provide a combined answer to similar questions

Page 4 of 12

Questions received by March 6 2009 will be answered at the Proposers Conference Questions

arising at the Proposers Conference will be answered at the conference The agency will

distribute official answers to any and all questions in the form of a written amendment not

later than March 17 2009 to all Proposers who attended the Proposers Conference Any

Proposer who has not received the amendment within two business days following the

distribution date may contact the Official Agency Contact by telephone to request a copy Any

amendments to this RFP will also be posted by March 17 2009 on the Department of

Administrative Services Contracting Portal

THE FOLLOWING SEVEN QUESTIONS REFER TO SQUANTZ POND STATE

PARK BUT ANSWERS ARE VALID IN ALL LOCATIONS WHERE APPLICABLE

Question 1 ldquoWould the State consider using the concession already on site for this

contract The building is fully equipped for food service In 1998 a propane line was

installed for gas The building also has the right size and build for a full service food and

supply concession I understand the building was converted but after viewing it myself

last year I still think this building would be better utilized as a concession The concession

does not need the entire building so the back can still be used by the State Is there any

chance this would be considered it makes the location more viable for a food operation

and offers better service for the publicrdquo

Answer 1 The former park concession building was totally renovated in the spring of 2008

Interior additions include the construction of a ranger station first aid room handicapped

restroom and law enforcement office Remaining space is utilized for storage of lifeguard

equipment including small boats All commercial grade systems including water ventilation

and fire suppression were removed The structure is not suitable nor to code for a food

concession

Question 2 Is the park contract required to sell food and ice cream I have an ice cream

truck Do I have to sell food

Answer 2 No you design the menu and it is then discussed and approved with the DEP when

the contract is awarded

Question 3 If you have a permit with the town for town sponsored events in the park

(movie Night) is that permit still valid

Answer 3 No If the DEP has an exclusive contract with a food vendor the Town of New

Fairfield or any other licensee may not enter in to an agreement with another vendor to sell

food in the park except where that vendor would be offering selections that the contracted

vendor declines to offer For example an ice cream vendor might decline to offer hot dogs in

which case a licensee is permitted to enter in to an agreement with a hot dog vendor provided

the hot dog vendor does not offer ice cream as well In all cases the contracted vendor has the

right of first refusal However a licensee may give away food of any kind without consulting

with the contracted vendor

Question 4 Can a mobile unit (if a trailer) be allowed to park over night on site

Answer 4 No

Page 5 of 12

Question 5 Can the mobile unit have access to power

Answer 5 No

Question 6 Any available room for storage

Answer 6 No

Question 7 Is there any Spanish speaking staff

Answer 7 Yes a full time interpreter has been hired this is her second summer at Squantz

THE FOLLOWING TEN QUESTIONS REFER TO SILVER SANDS STATE PARK BUT

ANSWERS ARE VALID IN ALL LOCATIONS WHERE APPLICABLE

1 Where can I set up my stand park my truck

Answer Adjacent the portable toilets Not on the beach

2 Can I play my Ice cream Melody

Answer When you are officially open for the day once and then once an hour

3 Do other vendors pass through the park If so what is done to control this

Answer On occasion an ice cream vendor will pass through when this happens DEP staff

turns them away However there is an ice cream vendor that visits the residence

on East Broadway

4 How will visitors find my concession stand

Answer Once a vendor is on site the Park staff can post a sign directing visitors to the

Concession Stand This would be a standard DEP sign in the standard grey

and white

5 Should I sell water

Answer Yes

6 Should I sell buckets lotion toys

Answer Yes

7 Who can I use as a reference and what is the purpose

Answer The packet you have states ldquo a clientrdquo The purpose of the reference is to

assist DEP in confirming you can provide this service

8 Can I use a Park Supervisor of a park I recently worked at as a reference

Answer Yes

9 What kind of vendor is the park looking for

Answer Food and drink vendor

10 How busy is the park

Answer On weekends if weather is good 200 ndash 600 cars are parked On weekdays while

we frequently park over 200 I would estimate that 100 to 200 cars are parked

per day DEP estimates 4 people per car

Page 6 of 12

H Confidential Information

Proposers are advised not to include in their proposals any proprietary information The

Connecticut Freedom of Information Act generally requires the disclosure of documents in the

possession of the State upon request of any citizen unless the content of the document falls

within certain categories of exemption An example of an exemption is a ldquotrade secretrdquo as

defined by statute (CGS sect 1-19(b)(5)) If the information is not readily available to the public

from other sources and the Proposer submitting the information requests confidentiality then

the information generally is considered to be ldquogiven in confidencerdquo Confidential information

must be isolated from other material in the proposal and labeled CONFIDENTIAL

I Affidavit Concerning Gifts and Campaign Contributions (NOTE Only required for

proposals with a total value of $50000 or greater)

Pursuant to Public Act 04-245 all Proposers must provide a signed affidavit attesting to

whether or not gifts were provided to certain public officials or State employees during the

two-year period preceding the submission of a proposal In addition pursuant to paragraph 8

of Governor M Jodi Rellrsquos Executive Order No 1 anyone who files an affidavit pursuant to

Public Act 04-245 shall disclose in those affidavits all contributions made to campaigns of

candidates for state-wide public office or the General Assembly Further any Contractor who

is awarded a large State contract shall update the affidavit on an annual basis

J Campaign Contribution Ban

With regard to a State contract as defined in PA 07-1 having a value in a calendar year of

$50000 or more or a combination or series of such agreements or contracts having a value of

$100000 or more the authorized signatory to this submission in response to the States

solicitation expressly acknowledges receipt of the State Elections Enforcement Commissions

notice advising prospective state contractors of state campaign contribution and solicitation

prohibitions and will inform its principals of the contents of the notice See SEEC Form 11

K Minimum Submission Requirements

At a minimum proposals must (1) be submitted before the deadline (2) follow the preferred

format (3) satisfy the packaging and labeling requirements (4) be complete and (5) include

the required affidavits concerning gifts and campaign contributions (if applicable) Proposals

that fail to meet these minimum submission requirements may be disqualified

L Multiple Submissions

Multiple proposals by the same Proposer will be considered Proposals may be for a single

location or for a combination of the locations If bidding on more than one location proposers

are advised to submit a separate proposal for each location Proposals for a combination of

locations will only be considered after the Selection Committee determines that individual

proposals do not fully satisfy the selection criteria

M Contract Compliance Requirements (required for any application exceeding $300000)

See CHRO website for specific forms The following table will assist in determining which

forms are required

Page 7 of 12

Contract Amount Bidder Contract Compliance

Monitoring Report Required and

Affidavit for Certification of

Subcontractors as Minority Business

Enterprises

Affirmative

Action Plan

$0 - $4000 No No

$400001 - $999900 Yes No

$10000 - $250000 Yes No

$250000 or more Yes Yes

The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does

not discriminate in its hiring employment or business practices The State is committed to

complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate

on the basis of disability in admission to access to or operation of its programs services or

activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet

the contract compliance requirements for one or more of the following factors (1) success in

implementing an affirmative action plan (2) success in developing an apprenticeship program

complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State

Agencies (3) promise to develop and implement a successful affirmative action plan (4)

submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or

near parity in the relevant labor market area or (5) promise to set aside a portion of the contract

for legitimate minority business enterprises

N Style Requirements

To the extent possible proposals should conform to the following specifications (1) be word

processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)

have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than

10 pages in length including any attachments (5) display the Proposerrsquos name on the header of

each page and (6) display page numbers at the bottom of each page

O Packaging and Labeling Requirements

The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals

must be submitted in sealed envelopes or packages and be addressed to the Official Agency

Contact The name and address of the Proposer must appear in the upper left corner of the

envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24

2009 A signed original (clearly identified as such) and four exact copies of the proposal must

be submitted An electronic document format may be substituted for the four exact copies

Proposals transmitted by facsimile or email will not be accepted or reviewed

P Meetings with Proposers

At its discretion the Agency may convene meetings with Proposers in order to gain a fuller

understanding of the proposals The meetings may involve demonstrations interviews

presentations or site visits If the agency decides meetings are warranted the Official Agency

Contact will telephone Proposers to make an appointment Any such meetings are tentatively

scheduled to take place March 25 - 31 2009

8 Required Format for Proposals

All proposals must follow the required format below and address all requirements listed in the

prescribed order using the prescribed numbering system Failure to follow the required format

may result in the disqualification of a proposal

Page 8 of 12

A Name of the Contract for which the proposal is being submitted (ie which park or parks)

B Proposers Information

Provide the information requested below

1 Name of Proposer

2 Business Address

3 Telephone Number

4 E-mail Address (If Available)

5 Federal Employer ID Number Social Security Number

C Proposerrsquos Representatives

The Proposer may designate an authorized representative and one alternate who may speak and

act on behalf of the Proposer in all dealings with the agency if necessary Provide the

following information for each individual

1 Names

2 Telephone Numbers 3 Normal Hours of Work

D Individual or Organizational Profile

1 Qualifications

Proposers must be at least 18 years of age and must be able to legally work in the

United States of America for the entire term of the contract

Provide a statement of your organizations qualifications and food service

experience Where applicable the statement should include a history of annual gross

receipts for the Proposers three most recent years of operating a food and beverage

concessions

2 Key Personnel and Staffing

Identify the key supervisory and management personnel that will be assigned to this project

Attach resumes reflecting their qualifications including related work experience The

Department must be given advanced notice in writing of the departure of any key personnel

from the project Identify the personnel resources that will be assigned to meet the work

schedule outlined below in Section E Subsection 4

3 Legal Status

If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole

proprietorship partnership limited partnership corporation subchapter S corporation)

Report the states in which the organization is registered to do business

4 References

Include three letters of reference from recent clients Provide the following information for

each reference name title company address and phone number

Page 9 of 12

5 Conflict of Interest

Include a disclosure statement concerning any current business relationships (within the last

3 years) that may pose a conflict of interest as defined by CGS sect 1-85

E Outline of Work

1 Personnel

Describe who will be working at the concession What is their level of experience in food

service operation and describe the level of supervision will they receive Describe the dress

code and personal hygiene standards

2 Menu

Provide a sample menu with a price list Describe any non-consumable items you would

have for sale (ie sun tan lotion flip-flops etc)

3 Equipment

Provide photographs of the self-contained vehicle or cart from which the concession will be

operating sufficient to represent all views visible to the public Describe any support

services provided by the park that will be necessary to operate the mobile food and

beverage concession

4 Schedule

Include a proposed work schedule that includes the following periods April 15 through the

Friday before Memorial Day the Saturday of Memorial Day Weekend through Labor Day

and the Tuesday after Labor Day to September 30 Schedule should include hours of

operation and levels of staffing during various periods such as weekendsholidays

weekdays earlylate season and peak season

9 RFP Conditions

A All proposals in response to this RFP are to be the sole property of DEP Proposers are

encouraged not to include in their proposals any information that is proprietary All materials

associated with this procurement process are subject to the terms of State laws defining

freedom of information and privacy and all rules regulations and interpretations resulting from

those laws

B Any product whether acceptable or unacceptable developed under a contract awarded as a

result of the RFP is to be the sole property of DEP

C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP

D The Proposer agrees that the proposal will remain valid for a period of 90 days after the

deadline for submission and may be extended beyond that time by mutual agreement

E DEP may amend or cancel this RFP prior to the due date and time if DEP deems it to be

necessary appropriate or otherwise in the best interests of DEP Failure to acknowledge

Page 10 of 12

receipt of amendments in accordance with the instructions contained in the amendments may

result in a proposal not being considered

F The Proposer must certify that the personnel identified in its response to this RFP will be the

persons actually assigned to the project Any additions deletions or changes in personnel

assigned to the project must be approved by DEP or its designee with the exception of

personnel who have terminated employment Replacements for personnel who have terminated

employment are subject to approval by DEP or its designee At its discretion DEP may require

the removal and replacement of any of the Proposers personnel who do not perform adequately

on the project regardless of whether they were previously approved by DEP

G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole

responsibility of the Proposer

H A Proposer must be prepared to present evidence of experience ability service facilities and

financial condition necessary to satisfactorily meet the requirements set forth or implied in the

proposal

I No additions or changes to the original proposal will be allowed after submission While

changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos

sole cost and expense

J In some cases Proposers may be asked to give demonstrations interviews presentations or

further explanation to the RFPrsquos Screening Committee

K The Proposer represents and warrants that the proposal is not made in connection with any

other Proposer and is in all respects fair and without collusion or fraud The Proposer further

represents and warrants that the Proposer did not participate in any part of the RFP

development process had no knowledge of the specific contents of the RFP prior to its

issuance and that no agent representative or employee of DEP participated directly in the

Proposerrsquos proposal preparation

L All responses to the RFP must conform to instruction Failure to include required signatures

provide the required number of copies meet deadlines answer all questions follow the

required format or failure to comply with any other requirements of this RFP may be

considered appropriate cause for rejection of the response

M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of

standard contract and conditions attached)

N The contract will represent the entire agreement between the Proposer and DEP and will

supersede all prior negotiations representations or agreements alleged or made between the

parties DEP or the State shall assume no liability for payment of services under the terms of

the contract until the successful Proposer is notified that the contract has been accepted and

approved by DEP and by the AGrsquos Office The contract may be amended only by means of a

written instrument signed by DEP the Proposer and the AGrsquos Office

O Rights Reserved to DEP

The DEP reserves the right to award in part to reject any and all proposals in whole or in part

for misrepresentation or if the Proposer is in default of any prior State contract or if the

Page 11 of 12

proposal limits or modifies any of the terms and conditions andor specifications of the RFP

The DEP also reserves the right to waive technical defect irregularities and omissions if in its

judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate

awards resulting from its clerical errors This may include in extreme circumstances revoking

the awarding of a contract already made to a Proposer and subsequently awarding the contract

to another Proposer Such action on the part of DEP shall not constitute a breach of contract on

the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of

no effect as if no contract ever existed between DEP and the Proposer

10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements

See the attached Sample Concession Contract for standard contract conditions

11 Park Descriptions

A Silver Sands State Park Milford

1 Activities

Saltwater Swimming

Saltwater Fishing

Boardwalk

Picnicking

2 Attendance in 2008 was 208000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

B Sleeping Giant State Park Hamden

1 Activities

River Fishing

Picnicking

Hiking

Scenic Vista

Youth Group Camping

2 Attendance in 2008 was 163000 day use visitors

+

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

C Wharton Brook State Park North Haven

1 Activities

Swimming

Freshwater Fishing

Picnicking

2 Attendance in 2008 was 56000 day use visitors

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 4: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 4 of 12

Questions received by March 6 2009 will be answered at the Proposers Conference Questions

arising at the Proposers Conference will be answered at the conference The agency will

distribute official answers to any and all questions in the form of a written amendment not

later than March 17 2009 to all Proposers who attended the Proposers Conference Any

Proposer who has not received the amendment within two business days following the

distribution date may contact the Official Agency Contact by telephone to request a copy Any

amendments to this RFP will also be posted by March 17 2009 on the Department of

Administrative Services Contracting Portal

THE FOLLOWING SEVEN QUESTIONS REFER TO SQUANTZ POND STATE

PARK BUT ANSWERS ARE VALID IN ALL LOCATIONS WHERE APPLICABLE

Question 1 ldquoWould the State consider using the concession already on site for this

contract The building is fully equipped for food service In 1998 a propane line was

installed for gas The building also has the right size and build for a full service food and

supply concession I understand the building was converted but after viewing it myself

last year I still think this building would be better utilized as a concession The concession

does not need the entire building so the back can still be used by the State Is there any

chance this would be considered it makes the location more viable for a food operation

and offers better service for the publicrdquo

Answer 1 The former park concession building was totally renovated in the spring of 2008

Interior additions include the construction of a ranger station first aid room handicapped

restroom and law enforcement office Remaining space is utilized for storage of lifeguard

equipment including small boats All commercial grade systems including water ventilation

and fire suppression were removed The structure is not suitable nor to code for a food

concession

Question 2 Is the park contract required to sell food and ice cream I have an ice cream

truck Do I have to sell food

Answer 2 No you design the menu and it is then discussed and approved with the DEP when

the contract is awarded

Question 3 If you have a permit with the town for town sponsored events in the park

(movie Night) is that permit still valid

Answer 3 No If the DEP has an exclusive contract with a food vendor the Town of New

Fairfield or any other licensee may not enter in to an agreement with another vendor to sell

food in the park except where that vendor would be offering selections that the contracted

vendor declines to offer For example an ice cream vendor might decline to offer hot dogs in

which case a licensee is permitted to enter in to an agreement with a hot dog vendor provided

the hot dog vendor does not offer ice cream as well In all cases the contracted vendor has the

right of first refusal However a licensee may give away food of any kind without consulting

with the contracted vendor

Question 4 Can a mobile unit (if a trailer) be allowed to park over night on site

Answer 4 No

Page 5 of 12

Question 5 Can the mobile unit have access to power

Answer 5 No

Question 6 Any available room for storage

Answer 6 No

Question 7 Is there any Spanish speaking staff

Answer 7 Yes a full time interpreter has been hired this is her second summer at Squantz

THE FOLLOWING TEN QUESTIONS REFER TO SILVER SANDS STATE PARK BUT

ANSWERS ARE VALID IN ALL LOCATIONS WHERE APPLICABLE

1 Where can I set up my stand park my truck

Answer Adjacent the portable toilets Not on the beach

2 Can I play my Ice cream Melody

Answer When you are officially open for the day once and then once an hour

3 Do other vendors pass through the park If so what is done to control this

Answer On occasion an ice cream vendor will pass through when this happens DEP staff

turns them away However there is an ice cream vendor that visits the residence

on East Broadway

4 How will visitors find my concession stand

Answer Once a vendor is on site the Park staff can post a sign directing visitors to the

Concession Stand This would be a standard DEP sign in the standard grey

and white

5 Should I sell water

Answer Yes

6 Should I sell buckets lotion toys

Answer Yes

7 Who can I use as a reference and what is the purpose

Answer The packet you have states ldquo a clientrdquo The purpose of the reference is to

assist DEP in confirming you can provide this service

8 Can I use a Park Supervisor of a park I recently worked at as a reference

Answer Yes

9 What kind of vendor is the park looking for

Answer Food and drink vendor

10 How busy is the park

Answer On weekends if weather is good 200 ndash 600 cars are parked On weekdays while

we frequently park over 200 I would estimate that 100 to 200 cars are parked

per day DEP estimates 4 people per car

Page 6 of 12

H Confidential Information

Proposers are advised not to include in their proposals any proprietary information The

Connecticut Freedom of Information Act generally requires the disclosure of documents in the

possession of the State upon request of any citizen unless the content of the document falls

within certain categories of exemption An example of an exemption is a ldquotrade secretrdquo as

defined by statute (CGS sect 1-19(b)(5)) If the information is not readily available to the public

from other sources and the Proposer submitting the information requests confidentiality then

the information generally is considered to be ldquogiven in confidencerdquo Confidential information

must be isolated from other material in the proposal and labeled CONFIDENTIAL

I Affidavit Concerning Gifts and Campaign Contributions (NOTE Only required for

proposals with a total value of $50000 or greater)

Pursuant to Public Act 04-245 all Proposers must provide a signed affidavit attesting to

whether or not gifts were provided to certain public officials or State employees during the

two-year period preceding the submission of a proposal In addition pursuant to paragraph 8

of Governor M Jodi Rellrsquos Executive Order No 1 anyone who files an affidavit pursuant to

Public Act 04-245 shall disclose in those affidavits all contributions made to campaigns of

candidates for state-wide public office or the General Assembly Further any Contractor who

is awarded a large State contract shall update the affidavit on an annual basis

J Campaign Contribution Ban

With regard to a State contract as defined in PA 07-1 having a value in a calendar year of

$50000 or more or a combination or series of such agreements or contracts having a value of

$100000 or more the authorized signatory to this submission in response to the States

solicitation expressly acknowledges receipt of the State Elections Enforcement Commissions

notice advising prospective state contractors of state campaign contribution and solicitation

prohibitions and will inform its principals of the contents of the notice See SEEC Form 11

K Minimum Submission Requirements

At a minimum proposals must (1) be submitted before the deadline (2) follow the preferred

format (3) satisfy the packaging and labeling requirements (4) be complete and (5) include

the required affidavits concerning gifts and campaign contributions (if applicable) Proposals

that fail to meet these minimum submission requirements may be disqualified

L Multiple Submissions

Multiple proposals by the same Proposer will be considered Proposals may be for a single

location or for a combination of the locations If bidding on more than one location proposers

are advised to submit a separate proposal for each location Proposals for a combination of

locations will only be considered after the Selection Committee determines that individual

proposals do not fully satisfy the selection criteria

M Contract Compliance Requirements (required for any application exceeding $300000)

See CHRO website for specific forms The following table will assist in determining which

forms are required

Page 7 of 12

Contract Amount Bidder Contract Compliance

Monitoring Report Required and

Affidavit for Certification of

Subcontractors as Minority Business

Enterprises

Affirmative

Action Plan

$0 - $4000 No No

$400001 - $999900 Yes No

$10000 - $250000 Yes No

$250000 or more Yes Yes

The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does

not discriminate in its hiring employment or business practices The State is committed to

complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate

on the basis of disability in admission to access to or operation of its programs services or

activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet

the contract compliance requirements for one or more of the following factors (1) success in

implementing an affirmative action plan (2) success in developing an apprenticeship program

complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State

Agencies (3) promise to develop and implement a successful affirmative action plan (4)

submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or

near parity in the relevant labor market area or (5) promise to set aside a portion of the contract

for legitimate minority business enterprises

N Style Requirements

To the extent possible proposals should conform to the following specifications (1) be word

processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)

have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than

10 pages in length including any attachments (5) display the Proposerrsquos name on the header of

each page and (6) display page numbers at the bottom of each page

O Packaging and Labeling Requirements

The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals

must be submitted in sealed envelopes or packages and be addressed to the Official Agency

Contact The name and address of the Proposer must appear in the upper left corner of the

envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24

2009 A signed original (clearly identified as such) and four exact copies of the proposal must

be submitted An electronic document format may be substituted for the four exact copies

Proposals transmitted by facsimile or email will not be accepted or reviewed

P Meetings with Proposers

At its discretion the Agency may convene meetings with Proposers in order to gain a fuller

understanding of the proposals The meetings may involve demonstrations interviews

presentations or site visits If the agency decides meetings are warranted the Official Agency

Contact will telephone Proposers to make an appointment Any such meetings are tentatively

scheduled to take place March 25 - 31 2009

8 Required Format for Proposals

All proposals must follow the required format below and address all requirements listed in the

prescribed order using the prescribed numbering system Failure to follow the required format

may result in the disqualification of a proposal

Page 8 of 12

A Name of the Contract for which the proposal is being submitted (ie which park or parks)

B Proposers Information

Provide the information requested below

1 Name of Proposer

2 Business Address

3 Telephone Number

4 E-mail Address (If Available)

5 Federal Employer ID Number Social Security Number

C Proposerrsquos Representatives

The Proposer may designate an authorized representative and one alternate who may speak and

act on behalf of the Proposer in all dealings with the agency if necessary Provide the

following information for each individual

1 Names

2 Telephone Numbers 3 Normal Hours of Work

D Individual or Organizational Profile

1 Qualifications

Proposers must be at least 18 years of age and must be able to legally work in the

United States of America for the entire term of the contract

Provide a statement of your organizations qualifications and food service

experience Where applicable the statement should include a history of annual gross

receipts for the Proposers three most recent years of operating a food and beverage

concessions

2 Key Personnel and Staffing

Identify the key supervisory and management personnel that will be assigned to this project

Attach resumes reflecting their qualifications including related work experience The

Department must be given advanced notice in writing of the departure of any key personnel

from the project Identify the personnel resources that will be assigned to meet the work

schedule outlined below in Section E Subsection 4

3 Legal Status

If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole

proprietorship partnership limited partnership corporation subchapter S corporation)

Report the states in which the organization is registered to do business

4 References

Include three letters of reference from recent clients Provide the following information for

each reference name title company address and phone number

Page 9 of 12

5 Conflict of Interest

Include a disclosure statement concerning any current business relationships (within the last

3 years) that may pose a conflict of interest as defined by CGS sect 1-85

E Outline of Work

1 Personnel

Describe who will be working at the concession What is their level of experience in food

service operation and describe the level of supervision will they receive Describe the dress

code and personal hygiene standards

2 Menu

Provide a sample menu with a price list Describe any non-consumable items you would

have for sale (ie sun tan lotion flip-flops etc)

3 Equipment

Provide photographs of the self-contained vehicle or cart from which the concession will be

operating sufficient to represent all views visible to the public Describe any support

services provided by the park that will be necessary to operate the mobile food and

beverage concession

4 Schedule

Include a proposed work schedule that includes the following periods April 15 through the

Friday before Memorial Day the Saturday of Memorial Day Weekend through Labor Day

and the Tuesday after Labor Day to September 30 Schedule should include hours of

operation and levels of staffing during various periods such as weekendsholidays

weekdays earlylate season and peak season

9 RFP Conditions

A All proposals in response to this RFP are to be the sole property of DEP Proposers are

encouraged not to include in their proposals any information that is proprietary All materials

associated with this procurement process are subject to the terms of State laws defining

freedom of information and privacy and all rules regulations and interpretations resulting from

those laws

B Any product whether acceptable or unacceptable developed under a contract awarded as a

result of the RFP is to be the sole property of DEP

C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP

D The Proposer agrees that the proposal will remain valid for a period of 90 days after the

deadline for submission and may be extended beyond that time by mutual agreement

E DEP may amend or cancel this RFP prior to the due date and time if DEP deems it to be

necessary appropriate or otherwise in the best interests of DEP Failure to acknowledge

Page 10 of 12

receipt of amendments in accordance with the instructions contained in the amendments may

result in a proposal not being considered

F The Proposer must certify that the personnel identified in its response to this RFP will be the

persons actually assigned to the project Any additions deletions or changes in personnel

assigned to the project must be approved by DEP or its designee with the exception of

personnel who have terminated employment Replacements for personnel who have terminated

employment are subject to approval by DEP or its designee At its discretion DEP may require

the removal and replacement of any of the Proposers personnel who do not perform adequately

on the project regardless of whether they were previously approved by DEP

G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole

responsibility of the Proposer

H A Proposer must be prepared to present evidence of experience ability service facilities and

financial condition necessary to satisfactorily meet the requirements set forth or implied in the

proposal

I No additions or changes to the original proposal will be allowed after submission While

changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos

sole cost and expense

J In some cases Proposers may be asked to give demonstrations interviews presentations or

further explanation to the RFPrsquos Screening Committee

K The Proposer represents and warrants that the proposal is not made in connection with any

other Proposer and is in all respects fair and without collusion or fraud The Proposer further

represents and warrants that the Proposer did not participate in any part of the RFP

development process had no knowledge of the specific contents of the RFP prior to its

issuance and that no agent representative or employee of DEP participated directly in the

Proposerrsquos proposal preparation

L All responses to the RFP must conform to instruction Failure to include required signatures

provide the required number of copies meet deadlines answer all questions follow the

required format or failure to comply with any other requirements of this RFP may be

considered appropriate cause for rejection of the response

M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of

standard contract and conditions attached)

N The contract will represent the entire agreement between the Proposer and DEP and will

supersede all prior negotiations representations or agreements alleged or made between the

parties DEP or the State shall assume no liability for payment of services under the terms of

the contract until the successful Proposer is notified that the contract has been accepted and

approved by DEP and by the AGrsquos Office The contract may be amended only by means of a

written instrument signed by DEP the Proposer and the AGrsquos Office

O Rights Reserved to DEP

The DEP reserves the right to award in part to reject any and all proposals in whole or in part

for misrepresentation or if the Proposer is in default of any prior State contract or if the

Page 11 of 12

proposal limits or modifies any of the terms and conditions andor specifications of the RFP

The DEP also reserves the right to waive technical defect irregularities and omissions if in its

judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate

awards resulting from its clerical errors This may include in extreme circumstances revoking

the awarding of a contract already made to a Proposer and subsequently awarding the contract

to another Proposer Such action on the part of DEP shall not constitute a breach of contract on

the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of

no effect as if no contract ever existed between DEP and the Proposer

10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements

See the attached Sample Concession Contract for standard contract conditions

11 Park Descriptions

A Silver Sands State Park Milford

1 Activities

Saltwater Swimming

Saltwater Fishing

Boardwalk

Picnicking

2 Attendance in 2008 was 208000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

B Sleeping Giant State Park Hamden

1 Activities

River Fishing

Picnicking

Hiking

Scenic Vista

Youth Group Camping

2 Attendance in 2008 was 163000 day use visitors

+

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

C Wharton Brook State Park North Haven

1 Activities

Swimming

Freshwater Fishing

Picnicking

2 Attendance in 2008 was 56000 day use visitors

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 5: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 5 of 12

Question 5 Can the mobile unit have access to power

Answer 5 No

Question 6 Any available room for storage

Answer 6 No

Question 7 Is there any Spanish speaking staff

Answer 7 Yes a full time interpreter has been hired this is her second summer at Squantz

THE FOLLOWING TEN QUESTIONS REFER TO SILVER SANDS STATE PARK BUT

ANSWERS ARE VALID IN ALL LOCATIONS WHERE APPLICABLE

1 Where can I set up my stand park my truck

Answer Adjacent the portable toilets Not on the beach

2 Can I play my Ice cream Melody

Answer When you are officially open for the day once and then once an hour

3 Do other vendors pass through the park If so what is done to control this

Answer On occasion an ice cream vendor will pass through when this happens DEP staff

turns them away However there is an ice cream vendor that visits the residence

on East Broadway

4 How will visitors find my concession stand

Answer Once a vendor is on site the Park staff can post a sign directing visitors to the

Concession Stand This would be a standard DEP sign in the standard grey

and white

5 Should I sell water

Answer Yes

6 Should I sell buckets lotion toys

Answer Yes

7 Who can I use as a reference and what is the purpose

Answer The packet you have states ldquo a clientrdquo The purpose of the reference is to

assist DEP in confirming you can provide this service

8 Can I use a Park Supervisor of a park I recently worked at as a reference

Answer Yes

9 What kind of vendor is the park looking for

Answer Food and drink vendor

10 How busy is the park

Answer On weekends if weather is good 200 ndash 600 cars are parked On weekdays while

we frequently park over 200 I would estimate that 100 to 200 cars are parked

per day DEP estimates 4 people per car

Page 6 of 12

H Confidential Information

Proposers are advised not to include in their proposals any proprietary information The

Connecticut Freedom of Information Act generally requires the disclosure of documents in the

possession of the State upon request of any citizen unless the content of the document falls

within certain categories of exemption An example of an exemption is a ldquotrade secretrdquo as

defined by statute (CGS sect 1-19(b)(5)) If the information is not readily available to the public

from other sources and the Proposer submitting the information requests confidentiality then

the information generally is considered to be ldquogiven in confidencerdquo Confidential information

must be isolated from other material in the proposal and labeled CONFIDENTIAL

I Affidavit Concerning Gifts and Campaign Contributions (NOTE Only required for

proposals with a total value of $50000 or greater)

Pursuant to Public Act 04-245 all Proposers must provide a signed affidavit attesting to

whether or not gifts were provided to certain public officials or State employees during the

two-year period preceding the submission of a proposal In addition pursuant to paragraph 8

of Governor M Jodi Rellrsquos Executive Order No 1 anyone who files an affidavit pursuant to

Public Act 04-245 shall disclose in those affidavits all contributions made to campaigns of

candidates for state-wide public office or the General Assembly Further any Contractor who

is awarded a large State contract shall update the affidavit on an annual basis

J Campaign Contribution Ban

With regard to a State contract as defined in PA 07-1 having a value in a calendar year of

$50000 or more or a combination or series of such agreements or contracts having a value of

$100000 or more the authorized signatory to this submission in response to the States

solicitation expressly acknowledges receipt of the State Elections Enforcement Commissions

notice advising prospective state contractors of state campaign contribution and solicitation

prohibitions and will inform its principals of the contents of the notice See SEEC Form 11

K Minimum Submission Requirements

At a minimum proposals must (1) be submitted before the deadline (2) follow the preferred

format (3) satisfy the packaging and labeling requirements (4) be complete and (5) include

the required affidavits concerning gifts and campaign contributions (if applicable) Proposals

that fail to meet these minimum submission requirements may be disqualified

L Multiple Submissions

Multiple proposals by the same Proposer will be considered Proposals may be for a single

location or for a combination of the locations If bidding on more than one location proposers

are advised to submit a separate proposal for each location Proposals for a combination of

locations will only be considered after the Selection Committee determines that individual

proposals do not fully satisfy the selection criteria

M Contract Compliance Requirements (required for any application exceeding $300000)

See CHRO website for specific forms The following table will assist in determining which

forms are required

Page 7 of 12

Contract Amount Bidder Contract Compliance

Monitoring Report Required and

Affidavit for Certification of

Subcontractors as Minority Business

Enterprises

Affirmative

Action Plan

$0 - $4000 No No

$400001 - $999900 Yes No

$10000 - $250000 Yes No

$250000 or more Yes Yes

The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does

not discriminate in its hiring employment or business practices The State is committed to

complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate

on the basis of disability in admission to access to or operation of its programs services or

activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet

the contract compliance requirements for one or more of the following factors (1) success in

implementing an affirmative action plan (2) success in developing an apprenticeship program

complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State

Agencies (3) promise to develop and implement a successful affirmative action plan (4)

submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or

near parity in the relevant labor market area or (5) promise to set aside a portion of the contract

for legitimate minority business enterprises

N Style Requirements

To the extent possible proposals should conform to the following specifications (1) be word

processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)

have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than

10 pages in length including any attachments (5) display the Proposerrsquos name on the header of

each page and (6) display page numbers at the bottom of each page

O Packaging and Labeling Requirements

The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals

must be submitted in sealed envelopes or packages and be addressed to the Official Agency

Contact The name and address of the Proposer must appear in the upper left corner of the

envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24

2009 A signed original (clearly identified as such) and four exact copies of the proposal must

be submitted An electronic document format may be substituted for the four exact copies

Proposals transmitted by facsimile or email will not be accepted or reviewed

P Meetings with Proposers

At its discretion the Agency may convene meetings with Proposers in order to gain a fuller

understanding of the proposals The meetings may involve demonstrations interviews

presentations or site visits If the agency decides meetings are warranted the Official Agency

Contact will telephone Proposers to make an appointment Any such meetings are tentatively

scheduled to take place March 25 - 31 2009

8 Required Format for Proposals

All proposals must follow the required format below and address all requirements listed in the

prescribed order using the prescribed numbering system Failure to follow the required format

may result in the disqualification of a proposal

Page 8 of 12

A Name of the Contract for which the proposal is being submitted (ie which park or parks)

B Proposers Information

Provide the information requested below

1 Name of Proposer

2 Business Address

3 Telephone Number

4 E-mail Address (If Available)

5 Federal Employer ID Number Social Security Number

C Proposerrsquos Representatives

The Proposer may designate an authorized representative and one alternate who may speak and

act on behalf of the Proposer in all dealings with the agency if necessary Provide the

following information for each individual

1 Names

2 Telephone Numbers 3 Normal Hours of Work

D Individual or Organizational Profile

1 Qualifications

Proposers must be at least 18 years of age and must be able to legally work in the

United States of America for the entire term of the contract

Provide a statement of your organizations qualifications and food service

experience Where applicable the statement should include a history of annual gross

receipts for the Proposers three most recent years of operating a food and beverage

concessions

2 Key Personnel and Staffing

Identify the key supervisory and management personnel that will be assigned to this project

Attach resumes reflecting their qualifications including related work experience The

Department must be given advanced notice in writing of the departure of any key personnel

from the project Identify the personnel resources that will be assigned to meet the work

schedule outlined below in Section E Subsection 4

3 Legal Status

If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole

proprietorship partnership limited partnership corporation subchapter S corporation)

Report the states in which the organization is registered to do business

4 References

Include three letters of reference from recent clients Provide the following information for

each reference name title company address and phone number

Page 9 of 12

5 Conflict of Interest

Include a disclosure statement concerning any current business relationships (within the last

3 years) that may pose a conflict of interest as defined by CGS sect 1-85

E Outline of Work

1 Personnel

Describe who will be working at the concession What is their level of experience in food

service operation and describe the level of supervision will they receive Describe the dress

code and personal hygiene standards

2 Menu

Provide a sample menu with a price list Describe any non-consumable items you would

have for sale (ie sun tan lotion flip-flops etc)

3 Equipment

Provide photographs of the self-contained vehicle or cart from which the concession will be

operating sufficient to represent all views visible to the public Describe any support

services provided by the park that will be necessary to operate the mobile food and

beverage concession

4 Schedule

Include a proposed work schedule that includes the following periods April 15 through the

Friday before Memorial Day the Saturday of Memorial Day Weekend through Labor Day

and the Tuesday after Labor Day to September 30 Schedule should include hours of

operation and levels of staffing during various periods such as weekendsholidays

weekdays earlylate season and peak season

9 RFP Conditions

A All proposals in response to this RFP are to be the sole property of DEP Proposers are

encouraged not to include in their proposals any information that is proprietary All materials

associated with this procurement process are subject to the terms of State laws defining

freedom of information and privacy and all rules regulations and interpretations resulting from

those laws

B Any product whether acceptable or unacceptable developed under a contract awarded as a

result of the RFP is to be the sole property of DEP

C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP

D The Proposer agrees that the proposal will remain valid for a period of 90 days after the

deadline for submission and may be extended beyond that time by mutual agreement

E DEP may amend or cancel this RFP prior to the due date and time if DEP deems it to be

necessary appropriate or otherwise in the best interests of DEP Failure to acknowledge

Page 10 of 12

receipt of amendments in accordance with the instructions contained in the amendments may

result in a proposal not being considered

F The Proposer must certify that the personnel identified in its response to this RFP will be the

persons actually assigned to the project Any additions deletions or changes in personnel

assigned to the project must be approved by DEP or its designee with the exception of

personnel who have terminated employment Replacements for personnel who have terminated

employment are subject to approval by DEP or its designee At its discretion DEP may require

the removal and replacement of any of the Proposers personnel who do not perform adequately

on the project regardless of whether they were previously approved by DEP

G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole

responsibility of the Proposer

H A Proposer must be prepared to present evidence of experience ability service facilities and

financial condition necessary to satisfactorily meet the requirements set forth or implied in the

proposal

I No additions or changes to the original proposal will be allowed after submission While

changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos

sole cost and expense

J In some cases Proposers may be asked to give demonstrations interviews presentations or

further explanation to the RFPrsquos Screening Committee

K The Proposer represents and warrants that the proposal is not made in connection with any

other Proposer and is in all respects fair and without collusion or fraud The Proposer further

represents and warrants that the Proposer did not participate in any part of the RFP

development process had no knowledge of the specific contents of the RFP prior to its

issuance and that no agent representative or employee of DEP participated directly in the

Proposerrsquos proposal preparation

L All responses to the RFP must conform to instruction Failure to include required signatures

provide the required number of copies meet deadlines answer all questions follow the

required format or failure to comply with any other requirements of this RFP may be

considered appropriate cause for rejection of the response

M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of

standard contract and conditions attached)

N The contract will represent the entire agreement between the Proposer and DEP and will

supersede all prior negotiations representations or agreements alleged or made between the

parties DEP or the State shall assume no liability for payment of services under the terms of

the contract until the successful Proposer is notified that the contract has been accepted and

approved by DEP and by the AGrsquos Office The contract may be amended only by means of a

written instrument signed by DEP the Proposer and the AGrsquos Office

O Rights Reserved to DEP

The DEP reserves the right to award in part to reject any and all proposals in whole or in part

for misrepresentation or if the Proposer is in default of any prior State contract or if the

Page 11 of 12

proposal limits or modifies any of the terms and conditions andor specifications of the RFP

The DEP also reserves the right to waive technical defect irregularities and omissions if in its

judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate

awards resulting from its clerical errors This may include in extreme circumstances revoking

the awarding of a contract already made to a Proposer and subsequently awarding the contract

to another Proposer Such action on the part of DEP shall not constitute a breach of contract on

the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of

no effect as if no contract ever existed between DEP and the Proposer

10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements

See the attached Sample Concession Contract for standard contract conditions

11 Park Descriptions

A Silver Sands State Park Milford

1 Activities

Saltwater Swimming

Saltwater Fishing

Boardwalk

Picnicking

2 Attendance in 2008 was 208000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

B Sleeping Giant State Park Hamden

1 Activities

River Fishing

Picnicking

Hiking

Scenic Vista

Youth Group Camping

2 Attendance in 2008 was 163000 day use visitors

+

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

C Wharton Brook State Park North Haven

1 Activities

Swimming

Freshwater Fishing

Picnicking

2 Attendance in 2008 was 56000 day use visitors

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 6: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 6 of 12

H Confidential Information

Proposers are advised not to include in their proposals any proprietary information The

Connecticut Freedom of Information Act generally requires the disclosure of documents in the

possession of the State upon request of any citizen unless the content of the document falls

within certain categories of exemption An example of an exemption is a ldquotrade secretrdquo as

defined by statute (CGS sect 1-19(b)(5)) If the information is not readily available to the public

from other sources and the Proposer submitting the information requests confidentiality then

the information generally is considered to be ldquogiven in confidencerdquo Confidential information

must be isolated from other material in the proposal and labeled CONFIDENTIAL

I Affidavit Concerning Gifts and Campaign Contributions (NOTE Only required for

proposals with a total value of $50000 or greater)

Pursuant to Public Act 04-245 all Proposers must provide a signed affidavit attesting to

whether or not gifts were provided to certain public officials or State employees during the

two-year period preceding the submission of a proposal In addition pursuant to paragraph 8

of Governor M Jodi Rellrsquos Executive Order No 1 anyone who files an affidavit pursuant to

Public Act 04-245 shall disclose in those affidavits all contributions made to campaigns of

candidates for state-wide public office or the General Assembly Further any Contractor who

is awarded a large State contract shall update the affidavit on an annual basis

J Campaign Contribution Ban

With regard to a State contract as defined in PA 07-1 having a value in a calendar year of

$50000 or more or a combination or series of such agreements or contracts having a value of

$100000 or more the authorized signatory to this submission in response to the States

solicitation expressly acknowledges receipt of the State Elections Enforcement Commissions

notice advising prospective state contractors of state campaign contribution and solicitation

prohibitions and will inform its principals of the contents of the notice See SEEC Form 11

K Minimum Submission Requirements

At a minimum proposals must (1) be submitted before the deadline (2) follow the preferred

format (3) satisfy the packaging and labeling requirements (4) be complete and (5) include

the required affidavits concerning gifts and campaign contributions (if applicable) Proposals

that fail to meet these minimum submission requirements may be disqualified

L Multiple Submissions

Multiple proposals by the same Proposer will be considered Proposals may be for a single

location or for a combination of the locations If bidding on more than one location proposers

are advised to submit a separate proposal for each location Proposals for a combination of

locations will only be considered after the Selection Committee determines that individual

proposals do not fully satisfy the selection criteria

M Contract Compliance Requirements (required for any application exceeding $300000)

See CHRO website for specific forms The following table will assist in determining which

forms are required

Page 7 of 12

Contract Amount Bidder Contract Compliance

Monitoring Report Required and

Affidavit for Certification of

Subcontractors as Minority Business

Enterprises

Affirmative

Action Plan

$0 - $4000 No No

$400001 - $999900 Yes No

$10000 - $250000 Yes No

$250000 or more Yes Yes

The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does

not discriminate in its hiring employment or business practices The State is committed to

complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate

on the basis of disability in admission to access to or operation of its programs services or

activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet

the contract compliance requirements for one or more of the following factors (1) success in

implementing an affirmative action plan (2) success in developing an apprenticeship program

complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State

Agencies (3) promise to develop and implement a successful affirmative action plan (4)

submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or

near parity in the relevant labor market area or (5) promise to set aside a portion of the contract

for legitimate minority business enterprises

N Style Requirements

To the extent possible proposals should conform to the following specifications (1) be word

processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)

have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than

10 pages in length including any attachments (5) display the Proposerrsquos name on the header of

each page and (6) display page numbers at the bottom of each page

O Packaging and Labeling Requirements

The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals

must be submitted in sealed envelopes or packages and be addressed to the Official Agency

Contact The name and address of the Proposer must appear in the upper left corner of the

envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24

2009 A signed original (clearly identified as such) and four exact copies of the proposal must

be submitted An electronic document format may be substituted for the four exact copies

Proposals transmitted by facsimile or email will not be accepted or reviewed

P Meetings with Proposers

At its discretion the Agency may convene meetings with Proposers in order to gain a fuller

understanding of the proposals The meetings may involve demonstrations interviews

presentations or site visits If the agency decides meetings are warranted the Official Agency

Contact will telephone Proposers to make an appointment Any such meetings are tentatively

scheduled to take place March 25 - 31 2009

8 Required Format for Proposals

All proposals must follow the required format below and address all requirements listed in the

prescribed order using the prescribed numbering system Failure to follow the required format

may result in the disqualification of a proposal

Page 8 of 12

A Name of the Contract for which the proposal is being submitted (ie which park or parks)

B Proposers Information

Provide the information requested below

1 Name of Proposer

2 Business Address

3 Telephone Number

4 E-mail Address (If Available)

5 Federal Employer ID Number Social Security Number

C Proposerrsquos Representatives

The Proposer may designate an authorized representative and one alternate who may speak and

act on behalf of the Proposer in all dealings with the agency if necessary Provide the

following information for each individual

1 Names

2 Telephone Numbers 3 Normal Hours of Work

D Individual or Organizational Profile

1 Qualifications

Proposers must be at least 18 years of age and must be able to legally work in the

United States of America for the entire term of the contract

Provide a statement of your organizations qualifications and food service

experience Where applicable the statement should include a history of annual gross

receipts for the Proposers three most recent years of operating a food and beverage

concessions

2 Key Personnel and Staffing

Identify the key supervisory and management personnel that will be assigned to this project

Attach resumes reflecting their qualifications including related work experience The

Department must be given advanced notice in writing of the departure of any key personnel

from the project Identify the personnel resources that will be assigned to meet the work

schedule outlined below in Section E Subsection 4

3 Legal Status

If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole

proprietorship partnership limited partnership corporation subchapter S corporation)

Report the states in which the organization is registered to do business

4 References

Include three letters of reference from recent clients Provide the following information for

each reference name title company address and phone number

Page 9 of 12

5 Conflict of Interest

Include a disclosure statement concerning any current business relationships (within the last

3 years) that may pose a conflict of interest as defined by CGS sect 1-85

E Outline of Work

1 Personnel

Describe who will be working at the concession What is their level of experience in food

service operation and describe the level of supervision will they receive Describe the dress

code and personal hygiene standards

2 Menu

Provide a sample menu with a price list Describe any non-consumable items you would

have for sale (ie sun tan lotion flip-flops etc)

3 Equipment

Provide photographs of the self-contained vehicle or cart from which the concession will be

operating sufficient to represent all views visible to the public Describe any support

services provided by the park that will be necessary to operate the mobile food and

beverage concession

4 Schedule

Include a proposed work schedule that includes the following periods April 15 through the

Friday before Memorial Day the Saturday of Memorial Day Weekend through Labor Day

and the Tuesday after Labor Day to September 30 Schedule should include hours of

operation and levels of staffing during various periods such as weekendsholidays

weekdays earlylate season and peak season

9 RFP Conditions

A All proposals in response to this RFP are to be the sole property of DEP Proposers are

encouraged not to include in their proposals any information that is proprietary All materials

associated with this procurement process are subject to the terms of State laws defining

freedom of information and privacy and all rules regulations and interpretations resulting from

those laws

B Any product whether acceptable or unacceptable developed under a contract awarded as a

result of the RFP is to be the sole property of DEP

C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP

D The Proposer agrees that the proposal will remain valid for a period of 90 days after the

deadline for submission and may be extended beyond that time by mutual agreement

E DEP may amend or cancel this RFP prior to the due date and time if DEP deems it to be

necessary appropriate or otherwise in the best interests of DEP Failure to acknowledge

Page 10 of 12

receipt of amendments in accordance with the instructions contained in the amendments may

result in a proposal not being considered

F The Proposer must certify that the personnel identified in its response to this RFP will be the

persons actually assigned to the project Any additions deletions or changes in personnel

assigned to the project must be approved by DEP or its designee with the exception of

personnel who have terminated employment Replacements for personnel who have terminated

employment are subject to approval by DEP or its designee At its discretion DEP may require

the removal and replacement of any of the Proposers personnel who do not perform adequately

on the project regardless of whether they were previously approved by DEP

G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole

responsibility of the Proposer

H A Proposer must be prepared to present evidence of experience ability service facilities and

financial condition necessary to satisfactorily meet the requirements set forth or implied in the

proposal

I No additions or changes to the original proposal will be allowed after submission While

changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos

sole cost and expense

J In some cases Proposers may be asked to give demonstrations interviews presentations or

further explanation to the RFPrsquos Screening Committee

K The Proposer represents and warrants that the proposal is not made in connection with any

other Proposer and is in all respects fair and without collusion or fraud The Proposer further

represents and warrants that the Proposer did not participate in any part of the RFP

development process had no knowledge of the specific contents of the RFP prior to its

issuance and that no agent representative or employee of DEP participated directly in the

Proposerrsquos proposal preparation

L All responses to the RFP must conform to instruction Failure to include required signatures

provide the required number of copies meet deadlines answer all questions follow the

required format or failure to comply with any other requirements of this RFP may be

considered appropriate cause for rejection of the response

M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of

standard contract and conditions attached)

N The contract will represent the entire agreement between the Proposer and DEP and will

supersede all prior negotiations representations or agreements alleged or made between the

parties DEP or the State shall assume no liability for payment of services under the terms of

the contract until the successful Proposer is notified that the contract has been accepted and

approved by DEP and by the AGrsquos Office The contract may be amended only by means of a

written instrument signed by DEP the Proposer and the AGrsquos Office

O Rights Reserved to DEP

The DEP reserves the right to award in part to reject any and all proposals in whole or in part

for misrepresentation or if the Proposer is in default of any prior State contract or if the

Page 11 of 12

proposal limits or modifies any of the terms and conditions andor specifications of the RFP

The DEP also reserves the right to waive technical defect irregularities and omissions if in its

judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate

awards resulting from its clerical errors This may include in extreme circumstances revoking

the awarding of a contract already made to a Proposer and subsequently awarding the contract

to another Proposer Such action on the part of DEP shall not constitute a breach of contract on

the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of

no effect as if no contract ever existed between DEP and the Proposer

10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements

See the attached Sample Concession Contract for standard contract conditions

11 Park Descriptions

A Silver Sands State Park Milford

1 Activities

Saltwater Swimming

Saltwater Fishing

Boardwalk

Picnicking

2 Attendance in 2008 was 208000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

B Sleeping Giant State Park Hamden

1 Activities

River Fishing

Picnicking

Hiking

Scenic Vista

Youth Group Camping

2 Attendance in 2008 was 163000 day use visitors

+

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

C Wharton Brook State Park North Haven

1 Activities

Swimming

Freshwater Fishing

Picnicking

2 Attendance in 2008 was 56000 day use visitors

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 7: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 7 of 12

Contract Amount Bidder Contract Compliance

Monitoring Report Required and

Affidavit for Certification of

Subcontractors as Minority Business

Enterprises

Affirmative

Action Plan

$0 - $4000 No No

$400001 - $999900 Yes No

$10000 - $250000 Yes No

$250000 or more Yes Yes

The State of Connecticut is an Equal Opportunity and Affirmative Action employer and does

not discriminate in its hiring employment or business practices The State is committed to

complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate

on the basis of disability in admission to access to or operation of its programs services or

activities For contracts of $250000 or more provide evidence of the Proposerrsquos ability to meet

the contract compliance requirements for one or more of the following factors (1) success in

implementing an affirmative action plan (2) success in developing an apprenticeship program

complying with sectsect 46a-68-1 to 46a-68-17 inclusive of the Regulations of Connecticut State

Agencies (3) promise to develop and implement a successful affirmative action plan (4)

submission of EEO-1 data indicating that the composition of the Proposerrsquos workforce is at or

near parity in the relevant labor market area or (5) promise to set aside a portion of the contract

for legitimate minority business enterprises

N Style Requirements

To the extent possible proposals should conform to the following specifications (1) be word

processed or typewritten (2) use font size of not less than 10 and not more than 12 points (3)

have margins of not less than 1rdquo on the top bottom and sides of all pages (4) be not more than

10 pages in length including any attachments (5) display the Proposerrsquos name on the header of

each page and (6) display page numbers at the bottom of each page

O Packaging and Labeling Requirements

The proposal must be signed by the Proposer Unsigned proposals will be rejected Proposals

must be submitted in sealed envelopes or packages and be addressed to the Official Agency

Contact The name and address of the Proposer must appear in the upper left corner of the

envelope or package The lower left corner must be labeled Sealed Bid Deadline March 24

2009 A signed original (clearly identified as such) and four exact copies of the proposal must

be submitted An electronic document format may be substituted for the four exact copies

Proposals transmitted by facsimile or email will not be accepted or reviewed

P Meetings with Proposers

At its discretion the Agency may convene meetings with Proposers in order to gain a fuller

understanding of the proposals The meetings may involve demonstrations interviews

presentations or site visits If the agency decides meetings are warranted the Official Agency

Contact will telephone Proposers to make an appointment Any such meetings are tentatively

scheduled to take place March 25 - 31 2009

8 Required Format for Proposals

All proposals must follow the required format below and address all requirements listed in the

prescribed order using the prescribed numbering system Failure to follow the required format

may result in the disqualification of a proposal

Page 8 of 12

A Name of the Contract for which the proposal is being submitted (ie which park or parks)

B Proposers Information

Provide the information requested below

1 Name of Proposer

2 Business Address

3 Telephone Number

4 E-mail Address (If Available)

5 Federal Employer ID Number Social Security Number

C Proposerrsquos Representatives

The Proposer may designate an authorized representative and one alternate who may speak and

act on behalf of the Proposer in all dealings with the agency if necessary Provide the

following information for each individual

1 Names

2 Telephone Numbers 3 Normal Hours of Work

D Individual or Organizational Profile

1 Qualifications

Proposers must be at least 18 years of age and must be able to legally work in the

United States of America for the entire term of the contract

Provide a statement of your organizations qualifications and food service

experience Where applicable the statement should include a history of annual gross

receipts for the Proposers three most recent years of operating a food and beverage

concessions

2 Key Personnel and Staffing

Identify the key supervisory and management personnel that will be assigned to this project

Attach resumes reflecting their qualifications including related work experience The

Department must be given advanced notice in writing of the departure of any key personnel

from the project Identify the personnel resources that will be assigned to meet the work

schedule outlined below in Section E Subsection 4

3 Legal Status

If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole

proprietorship partnership limited partnership corporation subchapter S corporation)

Report the states in which the organization is registered to do business

4 References

Include three letters of reference from recent clients Provide the following information for

each reference name title company address and phone number

Page 9 of 12

5 Conflict of Interest

Include a disclosure statement concerning any current business relationships (within the last

3 years) that may pose a conflict of interest as defined by CGS sect 1-85

E Outline of Work

1 Personnel

Describe who will be working at the concession What is their level of experience in food

service operation and describe the level of supervision will they receive Describe the dress

code and personal hygiene standards

2 Menu

Provide a sample menu with a price list Describe any non-consumable items you would

have for sale (ie sun tan lotion flip-flops etc)

3 Equipment

Provide photographs of the self-contained vehicle or cart from which the concession will be

operating sufficient to represent all views visible to the public Describe any support

services provided by the park that will be necessary to operate the mobile food and

beverage concession

4 Schedule

Include a proposed work schedule that includes the following periods April 15 through the

Friday before Memorial Day the Saturday of Memorial Day Weekend through Labor Day

and the Tuesday after Labor Day to September 30 Schedule should include hours of

operation and levels of staffing during various periods such as weekendsholidays

weekdays earlylate season and peak season

9 RFP Conditions

A All proposals in response to this RFP are to be the sole property of DEP Proposers are

encouraged not to include in their proposals any information that is proprietary All materials

associated with this procurement process are subject to the terms of State laws defining

freedom of information and privacy and all rules regulations and interpretations resulting from

those laws

B Any product whether acceptable or unacceptable developed under a contract awarded as a

result of the RFP is to be the sole property of DEP

C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP

D The Proposer agrees that the proposal will remain valid for a period of 90 days after the

deadline for submission and may be extended beyond that time by mutual agreement

E DEP may amend or cancel this RFP prior to the due date and time if DEP deems it to be

necessary appropriate or otherwise in the best interests of DEP Failure to acknowledge

Page 10 of 12

receipt of amendments in accordance with the instructions contained in the amendments may

result in a proposal not being considered

F The Proposer must certify that the personnel identified in its response to this RFP will be the

persons actually assigned to the project Any additions deletions or changes in personnel

assigned to the project must be approved by DEP or its designee with the exception of

personnel who have terminated employment Replacements for personnel who have terminated

employment are subject to approval by DEP or its designee At its discretion DEP may require

the removal and replacement of any of the Proposers personnel who do not perform adequately

on the project regardless of whether they were previously approved by DEP

G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole

responsibility of the Proposer

H A Proposer must be prepared to present evidence of experience ability service facilities and

financial condition necessary to satisfactorily meet the requirements set forth or implied in the

proposal

I No additions or changes to the original proposal will be allowed after submission While

changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos

sole cost and expense

J In some cases Proposers may be asked to give demonstrations interviews presentations or

further explanation to the RFPrsquos Screening Committee

K The Proposer represents and warrants that the proposal is not made in connection with any

other Proposer and is in all respects fair and without collusion or fraud The Proposer further

represents and warrants that the Proposer did not participate in any part of the RFP

development process had no knowledge of the specific contents of the RFP prior to its

issuance and that no agent representative or employee of DEP participated directly in the

Proposerrsquos proposal preparation

L All responses to the RFP must conform to instruction Failure to include required signatures

provide the required number of copies meet deadlines answer all questions follow the

required format or failure to comply with any other requirements of this RFP may be

considered appropriate cause for rejection of the response

M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of

standard contract and conditions attached)

N The contract will represent the entire agreement between the Proposer and DEP and will

supersede all prior negotiations representations or agreements alleged or made between the

parties DEP or the State shall assume no liability for payment of services under the terms of

the contract until the successful Proposer is notified that the contract has been accepted and

approved by DEP and by the AGrsquos Office The contract may be amended only by means of a

written instrument signed by DEP the Proposer and the AGrsquos Office

O Rights Reserved to DEP

The DEP reserves the right to award in part to reject any and all proposals in whole or in part

for misrepresentation or if the Proposer is in default of any prior State contract or if the

Page 11 of 12

proposal limits or modifies any of the terms and conditions andor specifications of the RFP

The DEP also reserves the right to waive technical defect irregularities and omissions if in its

judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate

awards resulting from its clerical errors This may include in extreme circumstances revoking

the awarding of a contract already made to a Proposer and subsequently awarding the contract

to another Proposer Such action on the part of DEP shall not constitute a breach of contract on

the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of

no effect as if no contract ever existed between DEP and the Proposer

10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements

See the attached Sample Concession Contract for standard contract conditions

11 Park Descriptions

A Silver Sands State Park Milford

1 Activities

Saltwater Swimming

Saltwater Fishing

Boardwalk

Picnicking

2 Attendance in 2008 was 208000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

B Sleeping Giant State Park Hamden

1 Activities

River Fishing

Picnicking

Hiking

Scenic Vista

Youth Group Camping

2 Attendance in 2008 was 163000 day use visitors

+

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

C Wharton Brook State Park North Haven

1 Activities

Swimming

Freshwater Fishing

Picnicking

2 Attendance in 2008 was 56000 day use visitors

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 8: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 8 of 12

A Name of the Contract for which the proposal is being submitted (ie which park or parks)

B Proposers Information

Provide the information requested below

1 Name of Proposer

2 Business Address

3 Telephone Number

4 E-mail Address (If Available)

5 Federal Employer ID Number Social Security Number

C Proposerrsquos Representatives

The Proposer may designate an authorized representative and one alternate who may speak and

act on behalf of the Proposer in all dealings with the agency if necessary Provide the

following information for each individual

1 Names

2 Telephone Numbers 3 Normal Hours of Work

D Individual or Organizational Profile

1 Qualifications

Proposers must be at least 18 years of age and must be able to legally work in the

United States of America for the entire term of the contract

Provide a statement of your organizations qualifications and food service

experience Where applicable the statement should include a history of annual gross

receipts for the Proposers three most recent years of operating a food and beverage

concessions

2 Key Personnel and Staffing

Identify the key supervisory and management personnel that will be assigned to this project

Attach resumes reflecting their qualifications including related work experience The

Department must be given advanced notice in writing of the departure of any key personnel

from the project Identify the personnel resources that will be assigned to meet the work

schedule outlined below in Section E Subsection 4

3 Legal Status

If the Proposer is a firm or corporation describe the organizationrsquos legal status (eg sole

proprietorship partnership limited partnership corporation subchapter S corporation)

Report the states in which the organization is registered to do business

4 References

Include three letters of reference from recent clients Provide the following information for

each reference name title company address and phone number

Page 9 of 12

5 Conflict of Interest

Include a disclosure statement concerning any current business relationships (within the last

3 years) that may pose a conflict of interest as defined by CGS sect 1-85

E Outline of Work

1 Personnel

Describe who will be working at the concession What is their level of experience in food

service operation and describe the level of supervision will they receive Describe the dress

code and personal hygiene standards

2 Menu

Provide a sample menu with a price list Describe any non-consumable items you would

have for sale (ie sun tan lotion flip-flops etc)

3 Equipment

Provide photographs of the self-contained vehicle or cart from which the concession will be

operating sufficient to represent all views visible to the public Describe any support

services provided by the park that will be necessary to operate the mobile food and

beverage concession

4 Schedule

Include a proposed work schedule that includes the following periods April 15 through the

Friday before Memorial Day the Saturday of Memorial Day Weekend through Labor Day

and the Tuesday after Labor Day to September 30 Schedule should include hours of

operation and levels of staffing during various periods such as weekendsholidays

weekdays earlylate season and peak season

9 RFP Conditions

A All proposals in response to this RFP are to be the sole property of DEP Proposers are

encouraged not to include in their proposals any information that is proprietary All materials

associated with this procurement process are subject to the terms of State laws defining

freedom of information and privacy and all rules regulations and interpretations resulting from

those laws

B Any product whether acceptable or unacceptable developed under a contract awarded as a

result of the RFP is to be the sole property of DEP

C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP

D The Proposer agrees that the proposal will remain valid for a period of 90 days after the

deadline for submission and may be extended beyond that time by mutual agreement

E DEP may amend or cancel this RFP prior to the due date and time if DEP deems it to be

necessary appropriate or otherwise in the best interests of DEP Failure to acknowledge

Page 10 of 12

receipt of amendments in accordance with the instructions contained in the amendments may

result in a proposal not being considered

F The Proposer must certify that the personnel identified in its response to this RFP will be the

persons actually assigned to the project Any additions deletions or changes in personnel

assigned to the project must be approved by DEP or its designee with the exception of

personnel who have terminated employment Replacements for personnel who have terminated

employment are subject to approval by DEP or its designee At its discretion DEP may require

the removal and replacement of any of the Proposers personnel who do not perform adequately

on the project regardless of whether they were previously approved by DEP

G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole

responsibility of the Proposer

H A Proposer must be prepared to present evidence of experience ability service facilities and

financial condition necessary to satisfactorily meet the requirements set forth or implied in the

proposal

I No additions or changes to the original proposal will be allowed after submission While

changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos

sole cost and expense

J In some cases Proposers may be asked to give demonstrations interviews presentations or

further explanation to the RFPrsquos Screening Committee

K The Proposer represents and warrants that the proposal is not made in connection with any

other Proposer and is in all respects fair and without collusion or fraud The Proposer further

represents and warrants that the Proposer did not participate in any part of the RFP

development process had no knowledge of the specific contents of the RFP prior to its

issuance and that no agent representative or employee of DEP participated directly in the

Proposerrsquos proposal preparation

L All responses to the RFP must conform to instruction Failure to include required signatures

provide the required number of copies meet deadlines answer all questions follow the

required format or failure to comply with any other requirements of this RFP may be

considered appropriate cause for rejection of the response

M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of

standard contract and conditions attached)

N The contract will represent the entire agreement between the Proposer and DEP and will

supersede all prior negotiations representations or agreements alleged or made between the

parties DEP or the State shall assume no liability for payment of services under the terms of

the contract until the successful Proposer is notified that the contract has been accepted and

approved by DEP and by the AGrsquos Office The contract may be amended only by means of a

written instrument signed by DEP the Proposer and the AGrsquos Office

O Rights Reserved to DEP

The DEP reserves the right to award in part to reject any and all proposals in whole or in part

for misrepresentation or if the Proposer is in default of any prior State contract or if the

Page 11 of 12

proposal limits or modifies any of the terms and conditions andor specifications of the RFP

The DEP also reserves the right to waive technical defect irregularities and omissions if in its

judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate

awards resulting from its clerical errors This may include in extreme circumstances revoking

the awarding of a contract already made to a Proposer and subsequently awarding the contract

to another Proposer Such action on the part of DEP shall not constitute a breach of contract on

the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of

no effect as if no contract ever existed between DEP and the Proposer

10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements

See the attached Sample Concession Contract for standard contract conditions

11 Park Descriptions

A Silver Sands State Park Milford

1 Activities

Saltwater Swimming

Saltwater Fishing

Boardwalk

Picnicking

2 Attendance in 2008 was 208000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

B Sleeping Giant State Park Hamden

1 Activities

River Fishing

Picnicking

Hiking

Scenic Vista

Youth Group Camping

2 Attendance in 2008 was 163000 day use visitors

+

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

C Wharton Brook State Park North Haven

1 Activities

Swimming

Freshwater Fishing

Picnicking

2 Attendance in 2008 was 56000 day use visitors

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 9: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 9 of 12

5 Conflict of Interest

Include a disclosure statement concerning any current business relationships (within the last

3 years) that may pose a conflict of interest as defined by CGS sect 1-85

E Outline of Work

1 Personnel

Describe who will be working at the concession What is their level of experience in food

service operation and describe the level of supervision will they receive Describe the dress

code and personal hygiene standards

2 Menu

Provide a sample menu with a price list Describe any non-consumable items you would

have for sale (ie sun tan lotion flip-flops etc)

3 Equipment

Provide photographs of the self-contained vehicle or cart from which the concession will be

operating sufficient to represent all views visible to the public Describe any support

services provided by the park that will be necessary to operate the mobile food and

beverage concession

4 Schedule

Include a proposed work schedule that includes the following periods April 15 through the

Friday before Memorial Day the Saturday of Memorial Day Weekend through Labor Day

and the Tuesday after Labor Day to September 30 Schedule should include hours of

operation and levels of staffing during various periods such as weekendsholidays

weekdays earlylate season and peak season

9 RFP Conditions

A All proposals in response to this RFP are to be the sole property of DEP Proposers are

encouraged not to include in their proposals any information that is proprietary All materials

associated with this procurement process are subject to the terms of State laws defining

freedom of information and privacy and all rules regulations and interpretations resulting from

those laws

B Any product whether acceptable or unacceptable developed under a contract awarded as a

result of the RFP is to be the sole property of DEP

C Timing and sequence of events resulting from this RFP will ultimately be determined by DEP

D The Proposer agrees that the proposal will remain valid for a period of 90 days after the

deadline for submission and may be extended beyond that time by mutual agreement

E DEP may amend or cancel this RFP prior to the due date and time if DEP deems it to be

necessary appropriate or otherwise in the best interests of DEP Failure to acknowledge

Page 10 of 12

receipt of amendments in accordance with the instructions contained in the amendments may

result in a proposal not being considered

F The Proposer must certify that the personnel identified in its response to this RFP will be the

persons actually assigned to the project Any additions deletions or changes in personnel

assigned to the project must be approved by DEP or its designee with the exception of

personnel who have terminated employment Replacements for personnel who have terminated

employment are subject to approval by DEP or its designee At its discretion DEP may require

the removal and replacement of any of the Proposers personnel who do not perform adequately

on the project regardless of whether they were previously approved by DEP

G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole

responsibility of the Proposer

H A Proposer must be prepared to present evidence of experience ability service facilities and

financial condition necessary to satisfactorily meet the requirements set forth or implied in the

proposal

I No additions or changes to the original proposal will be allowed after submission While

changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos

sole cost and expense

J In some cases Proposers may be asked to give demonstrations interviews presentations or

further explanation to the RFPrsquos Screening Committee

K The Proposer represents and warrants that the proposal is not made in connection with any

other Proposer and is in all respects fair and without collusion or fraud The Proposer further

represents and warrants that the Proposer did not participate in any part of the RFP

development process had no knowledge of the specific contents of the RFP prior to its

issuance and that no agent representative or employee of DEP participated directly in the

Proposerrsquos proposal preparation

L All responses to the RFP must conform to instruction Failure to include required signatures

provide the required number of copies meet deadlines answer all questions follow the

required format or failure to comply with any other requirements of this RFP may be

considered appropriate cause for rejection of the response

M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of

standard contract and conditions attached)

N The contract will represent the entire agreement between the Proposer and DEP and will

supersede all prior negotiations representations or agreements alleged or made between the

parties DEP or the State shall assume no liability for payment of services under the terms of

the contract until the successful Proposer is notified that the contract has been accepted and

approved by DEP and by the AGrsquos Office The contract may be amended only by means of a

written instrument signed by DEP the Proposer and the AGrsquos Office

O Rights Reserved to DEP

The DEP reserves the right to award in part to reject any and all proposals in whole or in part

for misrepresentation or if the Proposer is in default of any prior State contract or if the

Page 11 of 12

proposal limits or modifies any of the terms and conditions andor specifications of the RFP

The DEP also reserves the right to waive technical defect irregularities and omissions if in its

judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate

awards resulting from its clerical errors This may include in extreme circumstances revoking

the awarding of a contract already made to a Proposer and subsequently awarding the contract

to another Proposer Such action on the part of DEP shall not constitute a breach of contract on

the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of

no effect as if no contract ever existed between DEP and the Proposer

10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements

See the attached Sample Concession Contract for standard contract conditions

11 Park Descriptions

A Silver Sands State Park Milford

1 Activities

Saltwater Swimming

Saltwater Fishing

Boardwalk

Picnicking

2 Attendance in 2008 was 208000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

B Sleeping Giant State Park Hamden

1 Activities

River Fishing

Picnicking

Hiking

Scenic Vista

Youth Group Camping

2 Attendance in 2008 was 163000 day use visitors

+

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

C Wharton Brook State Park North Haven

1 Activities

Swimming

Freshwater Fishing

Picnicking

2 Attendance in 2008 was 56000 day use visitors

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 10: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 10 of 12

receipt of amendments in accordance with the instructions contained in the amendments may

result in a proposal not being considered

F The Proposer must certify that the personnel identified in its response to this RFP will be the

persons actually assigned to the project Any additions deletions or changes in personnel

assigned to the project must be approved by DEP or its designee with the exception of

personnel who have terminated employment Replacements for personnel who have terminated

employment are subject to approval by DEP or its designee At its discretion DEP may require

the removal and replacement of any of the Proposers personnel who do not perform adequately

on the project regardless of whether they were previously approved by DEP

G Any costs and expenses incurred by Proposers in preparing or submitting proposals are the sole

responsibility of the Proposer

H A Proposer must be prepared to present evidence of experience ability service facilities and

financial condition necessary to satisfactorily meet the requirements set forth or implied in the

proposal

I No additions or changes to the original proposal will be allowed after submission While

changes are not permitted clarification of proposals may be required by DEP at the Proposerrsquos

sole cost and expense

J In some cases Proposers may be asked to give demonstrations interviews presentations or

further explanation to the RFPrsquos Screening Committee

K The Proposer represents and warrants that the proposal is not made in connection with any

other Proposer and is in all respects fair and without collusion or fraud The Proposer further

represents and warrants that the Proposer did not participate in any part of the RFP

development process had no knowledge of the specific contents of the RFP prior to its

issuance and that no agent representative or employee of DEP participated directly in the

Proposerrsquos proposal preparation

L All responses to the RFP must conform to instruction Failure to include required signatures

provide the required number of copies meet deadlines answer all questions follow the

required format or failure to comply with any other requirements of this RFP may be

considered appropriate cause for rejection of the response

M The Proposer must accept DEPrsquos standard contract language and conditions (See sample of

standard contract and conditions attached)

N The contract will represent the entire agreement between the Proposer and DEP and will

supersede all prior negotiations representations or agreements alleged or made between the

parties DEP or the State shall assume no liability for payment of services under the terms of

the contract until the successful Proposer is notified that the contract has been accepted and

approved by DEP and by the AGrsquos Office The contract may be amended only by means of a

written instrument signed by DEP the Proposer and the AGrsquos Office

O Rights Reserved to DEP

The DEP reserves the right to award in part to reject any and all proposals in whole or in part

for misrepresentation or if the Proposer is in default of any prior State contract or if the

Page 11 of 12

proposal limits or modifies any of the terms and conditions andor specifications of the RFP

The DEP also reserves the right to waive technical defect irregularities and omissions if in its

judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate

awards resulting from its clerical errors This may include in extreme circumstances revoking

the awarding of a contract already made to a Proposer and subsequently awarding the contract

to another Proposer Such action on the part of DEP shall not constitute a breach of contract on

the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of

no effect as if no contract ever existed between DEP and the Proposer

10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements

See the attached Sample Concession Contract for standard contract conditions

11 Park Descriptions

A Silver Sands State Park Milford

1 Activities

Saltwater Swimming

Saltwater Fishing

Boardwalk

Picnicking

2 Attendance in 2008 was 208000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

B Sleeping Giant State Park Hamden

1 Activities

River Fishing

Picnicking

Hiking

Scenic Vista

Youth Group Camping

2 Attendance in 2008 was 163000 day use visitors

+

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

C Wharton Brook State Park North Haven

1 Activities

Swimming

Freshwater Fishing

Picnicking

2 Attendance in 2008 was 56000 day use visitors

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 11: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 11 of 12

proposal limits or modifies any of the terms and conditions andor specifications of the RFP

The DEP also reserves the right to waive technical defect irregularities and omissions if in its

judgment the best interest of DEP will be served DEP reserves the right to correct inaccurate

awards resulting from its clerical errors This may include in extreme circumstances revoking

the awarding of a contract already made to a Proposer and subsequently awarding the contract

to another Proposer Such action on the part of DEP shall not constitute a breach of contract on

the part of DEP since the contract with the initial Proposer is deemed to be void ab initio and of

no effect as if no contract ever existed between DEP and the Proposer

10 Agencyrsquos Standard Contract and Conditions and Statersquos Contract Compliance Requirements

See the attached Sample Concession Contract for standard contract conditions

11 Park Descriptions

A Silver Sands State Park Milford

1 Activities

Saltwater Swimming

Saltwater Fishing

Boardwalk

Picnicking

2 Attendance in 2008 was 208000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

B Sleeping Giant State Park Hamden

1 Activities

River Fishing

Picnicking

Hiking

Scenic Vista

Youth Group Camping

2 Attendance in 2008 was 163000 day use visitors

+

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

C Wharton Brook State Park North Haven

1 Activities

Swimming

Freshwater Fishing

Picnicking

2 Attendance in 2008 was 56000 day use visitors

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 12: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 12 of 12

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

D Squantz Pond State Park New Fairfield

1 Activities

Swimming

Picnicking

Lake Fishing

Hiking

Boating

SCUBA Diving

2 Attendance in 2008 was 89000 day use visitors

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

E Mashamoquet Brook State Park Pomfret Center

1 Activities

Swimming

Stream Fishing

Hiking

Picnicking

Camping at two separate locations off of Rte 44

i Wolf Den Campground has 35 rustic sites

ii Mashamoquet Brook Campground has 19 rustic sites

2 Attendance in 2008 was 33000 day use visitors and 6000 overnight campers

3 Potential gross receipts for a mobile food and beverage concession at this location

are unknown

For more information on the parks described above please visit wwwctgovdepstateparks

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 13: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 1 of 1

LETTER OF INTENT TO SUBMIT A PROPOSAL

State of Connecticut

Department of Environmental Protection

RFP for _________________________ State Park

Return to Ms Patricia Downes

Department of Environmental Protection

Bureau of Outdoor Recreation

79 Elm Street

Hartford CT 06106-5127

860-424-3504 (Phone)

860-424-4070 (FAX)

Return Deadline 400 PM March 6 2009

The individual firm or corporation below intends to submit a proposal in response to the above referenced RFP

Note This letter is a non-binding expression of interest and does not obligate the sender to submit a proposal

The individual firm or corporation below has reviewed and if selected accepts the agencyrsquos standard contract and

conditions (provided in the RFP) in their entirety and without amendment

Name

Mailing Address

Contact Person

Telephone

FAX

E-mail

Signature

Title Date

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 14: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 1 of 10

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF OUTDOOR RECREATION

STATE PARK MOBILE CONCESSION CONTRACT SAMPLE

This AGREEMENT made this ____ day of _______ 2009 by and between the STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION hereinafter referred to as the Staterdquo or ldquoDEPrdquo and

John Doe of the Town of Hartford in the County of Hartford and the State of Connecticut hereinafter referred

to as the ldquoConcessionairerdquo or ldquoContractorrdquo

WITNESSETH

WHEREAS the DEP pursuant to Conn Gen Stat 23-26 has the authority to enter into contractual relations

with persons for the maintenance of concessions and other sources of revenue to be derived from services to the

general public using state parks and WHEREAS the Concessionaire desires to operate the concessions and

render services to the public at

VARIOUS STATE PARKS

NOW THEREFORE it is hereby agreed as follows

1 Duration The DEP hereby grants to the Concessionaire the exclusive right to operate a mobile food and

beverage concession at the above mentioned State Park located in the Town of _________ County of

_________ State of Connecticut from the execution of this contract through September 30 2011 The DEP in

its sole discretion may renew this contract for one 2-year period under the same terms and conditions as

outlined in this contract

2 Payment In consideration of said right and privileges the Concessionaire agrees to pay the sum of

$__________ annually payable in the amount of $__________ (50) at the execution of this contract and

$__________ (50) on or before July 15 2009 Beginning in 2010 the semi-annual payment of $__________

(50) shall be made payable by May 15th and July 15

th each year that this contract is in effect If the annual sum

is less than $100000 the sum is due in full at the execution of the contract and by May 15th of each

subsequent year that the contract is in effect All payments shall be made by check draft or money order

payable to Treasurer-State of Connecticut and delivered or mailed to the Department of Environmental

Protection Accounts Receivable 79 Elm Street Hartford Connecticut 06106-5127

3 Attachment ldquoArdquo hereto is incorporated herein by reference and all provisions thereof shall be binding upon

the parties

4 Non-Discrimination

The following subsections are set forth here as required by section 4a-60 of the Connecticut General Statutes as

amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such contractor

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 15: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 2 of 10

that such disability prevents performance of the work involved in any manner prohibited by the laws of the

United States or of the state of Connecticut The contractor further agrees to take affirmative action to insure

that applicants with job-related qualifications are employed and that employees are treated when employed

without regard to their race color religious creed age marital status national origin ancestry sex mental

retardation or physical disability including but not limited to blindness unless it is shown by such

contractor that such disability prevents performance of the work involved (2) the contractor agrees in all

solicitations or advertisements for employees placed by or on behalf of the contractor to state that it is an

affirmative action-equal opportunity employer in accordance with regulations adopted by the commission

(3) the contractor agrees to provide each labor union or representative of workers with which such contractor

has a collective bargaining agreement or other contract or understanding and each vendor with which such

contractor has a contract or understanding a notice to be provided by the commission advising the labor union

or workers representative of the contractors commitments under this section and to post copies of the notice

in conspicuous places available to employees and applicants for employment (4) the contractor agrees to

comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or

relevant order issued by said commission pursuant to sections 46a-56 as amended by this act 46a-68e and

46a-68f (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor as relate to the provisions of this

section and section 46a-56 as amended by this act If the contract is a public works contract the contractor

agrees and warrants that he will make good faith efforts to employ minority business enterprises as

subcontractors and suppliers of materials on such public works project Prior to entering into the contract the

contractor shall provide the state or such political subdivision of the state with documentation in the form of a

company or corporate policy adopted by resolution of the board of directors shareholders managers

members or other governing body of such contractor to support the nondiscrimination agreement and warranty

under subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) For the purposes of this section minority business enterprise means any small contractor or supplier of

materials fifty-one per cent or more of the capital stock if any or assets of which is owned by a person or

persons (1) Who are active in the daily affairs of the enterprise (2) who have the power to direct the

management and policies of the enterprise and (3) who are members of a minority as such term is defined in

subsection (a) of section 32-9n and good faith means that degree of diligence which a reasonable person

would exercise in the performance of legal duties and obligations Good faith efforts shall include but not

be limited to those reasonable initial efforts necessary to comply with statutory or regulatory requirements

and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to

comply with such requirements

(c) Determination of the contractors good faith efforts shall include but shall not be limited to the following

factors The contractors employment and subcontracting policies patterns and practices affirmative

advertising recruitment and training technical assistance activities and such other reasonable activities or

efforts as the commission may prescribe that are designed to ensure the participation of minority business

enterprises in public works projects

(d) The contractor shall develop and maintain adequate documentation in a manner prescribed by the

commission of its good faith efforts

(e) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 16: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 3 of 10

The following subsections are set forth here as required by section 4a-60a of the Connecticut General Statutes

as amended by PA 07-142

(a) Every contract to which the state or any political subdivision of the state other than a municipality is a

party shall contain the following provisions (1) The contractor agrees and warrants that in the performance of

the contract such contractor will not discriminate or permit discrimination against any person or group of

persons on the grounds of sexual orientation in any manner prohibited by the laws of the United States or of

the state of Connecticut and that employees are treated when employed without regard to their sexual

orientation (2) the contractor agrees to provide each labor union or representative of workers with which such

contractor has a collective bargaining agreement or other contract or understanding and each vendor with

which such contractor has a contract or understanding a notice to be provided by the Commission on Human

Rights and Opportunities advising the labor union or workers representative of the contractors commitments

under this section and to post copies of the notice in conspicuous places available to employees and

applicants for employment (3) the contractor agrees to comply with each provision of this section and with

each regulation or relevant order issued by said commission pursuant to section 46a-56 as amended by this

act (4) the contractor agrees to provide the Commission on Human Rights and Opportunities with such

information requested by the commission and permit access to pertinent books records and accounts

concerning the employment practices and procedures of the contractor which relate to the provisions of this

section and section 46a-56 as amended by this act Prior to entering into the contract the contractor shall

provide the state or such political subdivision of the state with documentation in the form of a company or

corporate policy adopted by resolution of the board of directors shareholders managers members or other

governing body of such contractor to support the nondiscrimination agreement and warranty under

subdivision (1) of this subsection For the purposes of this section contract includes any extension or

modification of the contract and contractor includes any successors or assigns of the contractor

(b) The contractor shall include the provisions of subsection (a) of this section in every subcontract or

purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions

shall be binding on a subcontractor vendor or manufacturer unless exempted by regulations or orders of the

commission The contractor shall take such action with respect to any such subcontract or purchase order as

the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in

accordance with section 46a-56 provided if such contractor becomes involved in or is threatened with

litigation with a subcontractor or vendor as a result of such direction by the commission the contractor may

request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the

interests of the state and the state may so enter

5 Executive Orders The Contract is subject to the provisions of Executive Order No Three of Governor

Thomas J Meskill promulgated June 16 1971 concerning labor employment practices Executive Order No

Seventeen of Governor Thomas J Meskill promulgated February 15 1973 concerning the listing of

employment openings and Executive Order No Sixteen of Governor John G Rowland promulgated August 4

1999 concerning violence in the workplace all of which are incorporated into and are made a part of the

Contract as if they had been fully set forth in it At the Contractorrsquos request the Client Agency shall provide a

copy of these orders to the Contractor The Contract may also be subject to Executive Order No 7C of

Governor M Jodi Rell promulgated July 13 2006 concerning contracting reforms and Executive Order No 14

of Governor M Jodi Rell promulgated April 17 2006 concerning procurement of cleaning products and

services in accordance with their respective terms and conditions

6 Clarifications In case of conflicts discrepancies errors or omissions among the various parts of this

contract any such matter shall be submitted immediately by Contractor to the State for clarification The State

shall issue clarification within a reasonable period of time Any services affected by such conflicts

discrepancies errors or omissions which are performed by Contractor prior to clarification by the State shall be

at Contractorrsquos risk

7 Indemnification (a) The Contractor shall indemnify defend and hold harmless the State and its officers

representatives agents servants employees successors and assigns from and against any and all (1) Claims

arising directly or indirectly in connection with the Contract including the acts of commission or omission

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 17: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 4 of 10

(collectively the Acts) of the Contractor or Contractor Parties and (2) liabilities damages losses costs and

expenses including but not limited to attorneys and other professionals fees arising directly or indirectly in

connection with Claims Acts or the Contract The Contractor shall use counsel reasonably acceptable to the

State in carrying out its obligations under this section The Contractorrsquos obligations under this section to

indemnify defend and hold harmless against Claims includes Claims concerning confidentiality of any part of

or all of the Bid or any Records any intellectual property rights other proprietary rights of any person or entity

copyrighted or uncopyrighted compositions secret processes patented or unpatented inventions articles or

appliances furnished or used in the Performance of the Contract

(b) The Contractor shall reimburse the State for any and all damages to the real or personal property of the State

caused by the Acts of the Contractor or any Contractor Parties The State shall give the Contractor reasonable

notice of any such Claims

(c) The Contractorrsquos duties under this section shall remain fully in effect and binding in accordance with the

terms and conditions of the Contract without being lessened or compromised in any way even where the

Contractor is alleged or is found to have merely contributed in part to the Acts giving rise to the Claims andor

where the State is alleged or is found to have contributed to the Acts giving rise to the Claims

(d) The Contractor shall carry and maintain at all times during the term of the Contract and during the time that

any provisions survive the term of the Contract sufficient general liability insurance to satisfy its obligations

under this Contract The Contractor shall name the State as an additional insured on the policy and shall provide

a copy of the policy to the Agency prior to the effective date of the Contract The Contractor shall not begin

Performance until the delivery of the policy to the Agency

(e) The rights provided in this section for the benefit of the State shall encompass the recovery of attorneysrsquo and

other professionalsrsquo fees expended in pursuing a Claim against a third party

(f) This section shall survive the Termination Cancellation or Expiration of the Contract and shall not be

limited by reason of any insurance coverage

8 Amendments

Formal written amendment of the contract is required for changes to the final date of the contract period and to

terms and conditions specifically stated in the original contract and any prior amendments including but not

limited to

a The contractrsquos objectives services or plan

b Completion of objectives or services and

c Any other contract revisions determined material by the DEP

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 18: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 5 of 10

9 Change in Principal Project Staff Any changes in the principal project staff must be requested in writing

and approved in writing by the Commissioner or the Commissionerrsquos authorized representative at their sole

discretion In the event of any unapproved change in principal project staff the DEP may in its sole discretion

terminate or cancel this contract

10 Assignability The Contractor shall not assign any interest in this contract and shall not transfer any

interest in the same (whether by assignment or novation) without the prior written consent of the DEP thereto

provided however that claims for money due or to become due the Contractor from the DEP under this contract

may be assigned to a bank trust company or other financial institution without such approval Notice of any

assignment or transfer shall be furnished promptly to the DEP

11 Definition of ldquoExecutionrdquo This contract shall be fully executed when it has been signed by authorized

representatives of the parties and if it is for an amount exceeding three thousand dollars ($300000) by the

authorized representative of the state Attorney Generalrsquos Office

12 Sovereign Immunity The parties acknowledge and agree that nothing in the Solicitation or the Contract

shall be construed as a modification compromise or waiver by the State of any rights or defenses of any

immunities provided by Federal Law or the laws of the State of Connecticut to the State or any of its officers

employees which may have had now have or will have with respect to all matters arising out of the Contract

To the extent that this section conflicts with any other section this section shall govern

13 CancellationTermination The DEP may cancel this contract for cause on five (5) daysrsquo notice A request

for termination of this contract by the Concessionaire or Contractor for a just cause will require approval by the

DEP Any cancellation or request for cancellation of this contract shall be submitted in writing and sent by

certified mail to

DEP

Bureau of Outdoor Recreation

Division of State Parks and Public Outreach

79 Elm Street

Hartford CT 06106-5127

Concessionaire

Mr John Doe

123 ABC Drive

Hartford CT 06000

Notwithstanding any provisions in this contract DEP through a duly authorized employee may terminate the

contract whenever the agency makes a written determination that such termination is in the best interests of the

State

If the DEP cancels this contract for causes listed below or if the Concessionaire terminates this contract prior to

the end of its full term without the consent of the State Parks Division the Concessionaire shall forfeit hisher

rights to bid on future concessions under the control of the State Parks Division and any prior payments received

by the State of Connecticut

a Failure by the Concessionaire to make annual payment during any time the contract is in force shall be

considered cause for cancellation by the DEP

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 19: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 6 of 10

b Any violations of the State Labor Department including but not limited to the employment of underage

persons is considered just cause for cancellation by the DEP

c Any violation of the Code of Conduct (Provision 19 of Attachment A) by the Concessionaire or any

employee of the Concessionaire is considered cause for cancellation of this contract at the discretion of

the DEP

14 Forum and Choice of Law The Contract shall be deemed to have been made in the City of Hartford State

of Connecticut Both Parties agree that it is fair and reasonable for the validity and construction of the Contract

to be and it shall be governed by the laws and court decisions of the State of Connecticut without giving effect

to its principles of conflicts of law To the extent that any immunities provided by federal law or the laws of the

State of Connecticut do not bar an action against the State and to the extent that these courts are courts of

competent jurisdiction for the purpose of venue the complaint shall be made returnable to the Judicial District

of Hartford only or shall be brought in the United States District Court for the District of Connecticut only and

shall not be transferred to any other court provided however that nothing here constitutes a waiver or

compromise of the sovereign immunity of the State of Connecticut The Contractor waives any objection which

it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits

to such jurisdiction in any suit action or proceeding

15 Severability If any term or provision of the Contract or its application to any person entity or

circumstance shall to any extent be held to be invalid or unenforceable the remainder of the Contract or the

application of such term or provision shall not be affected as to persons entities or circumstances other than

those as to whom or to which it is held to be invalid or unenforceable Each remaining term and provision of the

Contract shall be valid and enforced to the fullest extent possible by law

16 Nondisclosure The Contactor shall not release any information concerning the services provided pursuant

to the Agreement or any part thereof to any member of the public press business entity or any official body

unless prior written consent is obtained from the State

The parties have hereunto set their hands

SIGNED AND DELIVERED below

STATE OF CONNECTICUT

By ____________________________(LS)

Thomas M Morrissey

Chief Bureau of Outdoor Recreation

Department of Environmental Protection

Date __________________

By____________________________ (LS)

John Doe

Concessionaire

Date _________________

APPROVED AS TO FORM

By ____________________________________ on ________________________

Assistant Attorney General

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 20: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 7 of 10

(VARIOUS STATE PARKS MOBILE CONCESSION CONTRACT)

ldquoATTACHMENT Ardquo

THE CONCESSIONAIRE AGREES TO THE FOLLOWING CONDITIONS

1 Insurance The Concessionaire shall furnish evidence of insurance A Certificate of Insurance

covering the whole period of the Concession contract shall reflect the following limits and shall be

submitted by the awarded Concessionaire to the Department of Environmental Protection

Commercial General Liability insurance providing a total limit of $1000000 for all damages

arising out of bodily injury to or death of all persons in any accident or occurrence and for all damages

arising out of injury to or destruction of property in any one accident or occurrence In cases where

any insurance policy shows an aggregate limit the aggregate limit shall not be less than $2000000

The operation of all motor vehicles including those hired or borrowed used in connection with

this contract shall be covered by Automobile Liability insurance providing for a total limit of

$1000000 for all damages arising out of bodily injuries or death of all persons in any one accident or

occurrence for all damages arising out of injury or destruction of property in any one accident or

occurrence In cases where an insurance policy shows an aggregate limit the limit shall not be less

than $2000000

The State of Connecticut shall be listed as an Additional Insured on all required coverage Said

coverage is to be provided by insurance companies licensed by the State of Connecticut Any

deductibles or self-insured retentions must be declared and approved by the State

With respect to all operations performed by the Concessionaire the Concessionaire shall carry

Workerrsquos Compensation insurance in accordance with the requirements of the laws of the State of

Connecticut

2 Item and Price List The Concessionaire shall forward by April 1 of each year of this agreement

a price list of all commodities andor souvenirs for sale to the Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127 for

approval for each subsequent year of the contract Any price increases are subject to the prior written

approval of the State Parks Division The Concessionaire shall post a price list of all commodities for

sale in full public view while in operation

The Concessionaire shall be allowed to sell souvenirs provided they are approved by the Division of

State Parks and Public Outreach however if the park name is used on souvenirs or items of clothing

the complete park name shall be used such as ldquoVarious State Parkrdquo not just ldquoVarious Parkrdquo

The Concessionaire warrants that all goods offered for sale shall not exceed in price nor be substandard

in quality or quantity to like articles sold in the surrounding community

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 21: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 8 of 10

3 Sunscreen All Concessionairersquos that operate a concession in a beach park shall have available for

sale to the general public sunscreen with a Sun Protection Factor (SPF) of at least 15 for adults and

SPF 45 for children

4 Use of Biodegradable Products The Department of Environmental Protection encourages the

Concessionaire to use biodegradable products and packaging in its operations ie paper products or

products containing recycled contents only

5 Non-Glass Containers All liquids dispensed by the Concessionaire shall be in non-glass

containers

6 Prohibitions

The Concessionaire shall not sell flotation devices of any kind beach balls snorkels

facemasks or similar articles

The Concessionaire shall not sell dispense or give away alcoholic beverages

The Concessionaire shall not permit gratuities to employees of the State of Connecticut

No video or pinball games shall be permitted

No vending machines shall be permitted

7 Hours of Operation The Concessionaire shall open the concession(s) every day no later than 10 am

except during inclement weather and the concession shall remain open until three hours before but not later

than sunset from the date the contract is executed through Labor Day weekend For all remaining years of

the contract after 2009 the concession shall be open from Memorial Day through Labor Day weekend

Exceptions to this schedule shall be established through joint agreement of the on-site Park Supervisor and

the Concessionaire When closing due to inclement weather the on-site Park Supervisor must be notified

The Concessionaire shall keep a log where the concession is located of all early closures and shall submit a

season-end report to the Park Supervisor at the close of the concession season but no later than October 15th

8 Health Department Inspections The Concessionaire is responsible for scheduling inspections by

the appropriate local health department at the beginning of concession operations and thereafter

annually prior to April 15th

of each year this agreement is in effect The Concessionaire is responsible

for and shall directly pay for any fees charged for such inspections THE CONCESSIONAIRE

WILL BE RESPONSIBLE FOR OBTAINING AN ANNUAL PERMIT FROM THE LOCAL

HEALTH DEPARTMENT FOR THE TOWN THAT THE RESPECTIVE PARK IS

LOCATED A CURRENT PERMIT WILL BE OBTAINED EACH YEAR THE CONTRACT

IS IN FORCE AND MUST BE RECEIVED BY THE DEP DIVISION OF STATE PARKS AND

PUBLIC OUTREACH 79 ELM STREET HARTFORD CT 06106-5127 PRIOR TO

OPENING THE CONCESSION OPERATION

9 Public Health Code The Concessionaire agrees to conform to the Public Health Code of the State

of Connecticut concerning the storage handling and vending of food

10 State-Owned Equipment The Concessionaire shall be responsible for the use of all State-owned

equipment and agrees to replace articles lost or damaged other than those damaged by usual wear

resulting from concession use

11 State Property The Concessionaire shall install no fixed equipment nor make any physical

changes to State property without the prior written approval of DEP Any improvements andor

permanent fixtures approved by the DEP and provided by the Concessionaire during the contract term

shall become the property of the State of Connecticut at the termination of this agreement

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 22: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 9 of 10

12 Utilities and Suppliers For billing purposes with Concessionaires utility companies and

suppliers the Concessionaire shall always use the name referred to as the ldquoConcessionairerdquo or

ldquoContractorrdquo At no time shall the Concessionaire use the state parkrsquos name and address for billing

purposes

13 InsectVermin Control The Concessionaire is responsible for any insect andor vermin control

as determined by the local or state health departments or by the on-site Park Supervisor

14 Refuse Disposal The Concessionaire at hisher own expense shall be responsible for the

disposal and removal of all recyclables and trash generated by said concession operation

15 General Maintenance The Concessionaire shall be responsible for maintaining in a clean

sanitary and orderly manner the general area of the State Park in which the Concession is located

DEP representatives or designees may inspect the Concession area at any time

16 Exclusivity The Concessionaire shall have the exclusive right to sell food within the park in

which the Concessionaire is the Lessee with the exception of foods or goods which have prior written

approval for DEP sanctioned events where food andor goods may be sold by the event sponsor or their

authorized agents

17 Rights of Park Visitors The Concessionaire agrees that nothing contained in the terms of the

Concession Contract shall prevent visitors from bringing their own food for their use to the park and

cooking such food for themselves Park visitors may also pre-arrange for private catering services on

department properties with the approval of the on-site Park Supervisor These services may be

permitted with the condition that no financial transactions occur on-site

18 On-Site Staffing Whenever the concession is open for business the Concessionaire must have

present an employee who is a qualified on-site manager That manager must be knowledgeable in all

aspects of operating the concession business

19 Code of Conduct Due to the public service nature of the Concession the Concessionaire and all

employees of the Concessionaire shall conduct themselves in a courteous respectful and professional

manner with all members of the public

20 Appearance The Concessionaire and hisher employees shall be clean and neat in appearance

Wearing an item of uniform eg a shirt hat or badge identifying the name of the Concessionaire

employee or business is encouraged

21 Concession Location The Concessionaire agrees unless specifically authorized in writing by

DEP to do otherwise to confine all sales to the established concession building(s) and further to

confine all advertising to the interior of said concession building(s) In the case of motor vehicle or

better known ldquomobilerdquo concessions the Concessionaire will confine the advertising menu to a sign

either affixed in the most notable area of the vehicle for the public to read or with the Park

Supervisorrsquos approval a movable sign would be acceptable next to the mobile concession vehicle

22 Food Inspection An authorized representative of the DEP shall conduct an annual in-season

food inspection The Concessionaire shall provide a range of food and beverage items (which will

constitute one free meal) to the DEPrsquos representative for food-tasting purposes

23 Financial Reporting By November 15th

of each calendar year that this contract is in force the

Concessionaire shall submit a certified statement of annual gross receipts attested to by a Notary

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions

Page 23: REQUEST FOR PROPOSALS RFP # … rfp 2009...For example, an ice cream vendor might decline to offer hot dogs, in which case a licensee is permitted to enter in to an agreement with

Page 10 of 10

Public andor a Commissioner of the Superior Court to Department of Environmental Protection

Bureau of Outdoor Recreation State Parks Division 79 Elm Street Hartford CT 06106-5127

24 Revenue DEP shall not assume responsibility for revenue loss directly or indirectly attributable

to actions taken by the DEP resulting from weather or crowd conditions or acts of God Neither shall

DEP assume responsibility for revenue loss directly or indirectly attributable to attendance loss

weather conditions or other uncontrollable phenomena

25 Compliance The Concessionaire agrees to comply with the regulations of the Department of

Environmental Protection regarding State Park and Forest Recreation Areas and with any other

department policy concerning the operation of concessions


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