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Commonwealth of MassachusettsDepartment of Conservation and Recreation

Request for Proposals for Entertainment Programming at Sampas Pavilion and Vandenberg Esplanade, Lowell, MA

RFP # DCR 2016 300

Table of ContentsI. Introduction...................................................................................................2II. Description of the Premises and Applicable Information.............................2III. Proposal Process........................................................................................4IV. Submission Requirements for Proposal.....................................................6

A. Mandates..........................................................................................................6B. Description of Entity and Related Experience.................................................7C. Description of Services to be provided............................................................8D. Financial and Budget Information...................................................................8E. Compensation to the Commonwealth..............................................................8V. Evaluation Criteria and Rule for Award.......................................................9VI. Submission Information...........................................................................10

ATTACHMENT A- PROPOSAL SUBMISSION FORM..................................11C . Site Visit Verification...................................................................................13ATTACHMENT B - (Park Map, photos, etc.).....................................................14ATTACHMENT C – Certificate of Compliance.................................................18ATTACHMENT D – MA FORM W-9 (use only this year and version)............19ATTACHMENT E – EFT Sign Up Form............................................................20ATTACHMENT F -- DRAFT PERMIT AGREEMENT....................................21

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I. IntroductionThe Massachusetts Department of Conservation and Recreation (hereinafter “DCR”), in accordance with Mass. Gen. Laws c. 132A §7 and c. 92 §33; rules and regulations promulgated thereunder, including Titles 302, 304 and 350 of the Massachusetts Code of Regulations; and all other applicable and enabling powers, will accept proposals from qualified individuals, corporations or business entities, whether for-profit or non-profit (hereinafter “Proposer,” or “Permittee”) for the opportunity to host consistently offered, family-oriented, free or paid, entertainment and education programs at the Sampas Pavilion and Vandenberg Esplanade, 500 Pawtucket Boulevard in Lowell, Massachusetts, (hereinafter the “Premises”), under a special use permit, a revocable license, as set forth in this Request For Proposals (“RFP).

There is a minimum permit fee of One Thousand ($1,000.00) Dollars due by the proposer to DCR for paid events (where public visitors pay for entry); there is no minimum fee if the proposer has all free events. All proposers will be charged for any DCR staff overtime and other mitigation (such as landscape, stage repair, etc.). Proposers will be charged directly by public safety officials for any police details. Safety and security services are to be obtained directly by the Proposer (bag checks, metal detectors, camera surveillance, etc.). The term for the use authorized under the special use permit will be for a period of one (1) season up to four (4) consecutive seasons commencing in 2016, and automatically expiring at the conclusion of the summer season at the end of the agreed upon term. A season is defined as Memorial Day to Labor Day. Programming is sought primarily for weekdays, evenings, Monday through Thursday, however additional periods (weekend days, holidays, events in the late fall and winter) may be considered by DCR and the proposer however approval of such shall be in writing and at the discretion of the Commissioner of DCR. Programming proposed under this RFP should not consider the location as an exclusive use permit. DCR will allow other groups and persons to seek Recreational Use or Special Event permits at this location.

DCR is soliciting competitive proposals pursuant to a determination that such a process best serves the interests of the Commonwealth, DCR and the general public. DCR has the right to accept or to reject any and all proposals, to withdraw or amend this RFP at any time, to initiate negotiations with one or more Proposers, to modify or amend with the consent of the Proposer any proposal prior to acceptance, and to waive any formality, all as the DCR in its sole judgment may deem to be in its and the public best interest. The decision of the Commissioner of DCR is final.

II. Description of the Premises and Applicable Information

The Commonwealth of Massachusetts is offering the opportunity to use the Sampas Pavilion stage at the Vandenberg Esplanade at Lowell Heritage State Park to provide evening, weekday programming from Memorial Day to Labor Day for the 2016 summer season at no cost to the Department of Conservation and Recreation. Program(s) may occur on Monday through Thursday evenings during any time period between 6 pm -10 pm. Family programming may include, but is not limited to, musical, educational, theatrical and cultural programming.


Programs may also be science or nature-based, or recreation-based to encourage healthy lifestyles. Programs should be designed to attract diverse audiences and provide opportunities for building communities and supporting the surrounding neighborhood. DCR will consider any reasonable proposal to provide family friendly programming. The following categories are not a comprehensive list but serve as a guide to current and potential types of entertainment:

Artisan/Historic Crafts(ers) Presentations and Demonstrations Artists (fine and studio arts) Presentations and Demonstrations Authors or Illustrators Presentations/Lectures Cooking Demonstrations Dance competitions or recitals, Puppetry shows, music concerts Educational Programs History/Historical Programs and Presenters Live Animal Programs Living History Programs Natural History and Sciences Programs and Presenters Archeology/Archeologist presentations and programs Nature Crafts Demonstrations and Workshops Nature Programs Storytellers/Storytelling Theatrical Performances and Demonstrations Tracking/Trackers events

Dimensions of the Sampas Pavilion: The concrete stage is forty-two (42’) feet long and twenty-eight (28’) feet deep with rafters at twenty (20’) feet high. The stage has power on-site, three (3) rows of stage lights and field lights for evening events. Photos are attached to this RFP.

Permittee is responsible for all applicable federal, state, and local tent, entertainment, and if applicable any food, drink, health and safety related approvals, licenses and compliance at all times. Permittee may enter into food, drink and equipment supplier contracts but minimal advertising and sponsorship by those suppliers is requested and services offered are subject to further approval prior to start of such services to the public by DCR in writing.

Proposers will be required to assess their need for equipment as well as the proper storage and removal of such equipment considering other uses and users of the park and buildings. Proposers should consider the security of such equipment. DCR will not be responsible for damaged or stolen equipment. If food is offered at events, DCR is committed to offering healthy food and drink options through its permitted concessions, to enhance the experience of park visitors and to promote healthy lifestyles.

The Permittee shall comply with all reasonable requests of authorized DCR staff concerning operations including but not limited to set up/take down, audience control, access by delivery or other vehicles, onsite storage, and trash receptacle placement emptying, overall appearance of the location, type of events, and cleanliness. All proposals shall be deemed to be made with full knowledge and understanding of the existing Premises condition.

ALL PROPOSERS ARE HEREBY NOTIFIED THAT WEATHER AND OTHER EVENTS MAY ADVERSELY AFFECT THE NUMBER OF VISITORS TO THE PREMISES.


CONSEQUENTLY, THE DCR WILL NOT ISSUE OR ALLOW SELF-DIRECTED ABATEMENTS IN THE AMOUNT PROPOSED BY THE WINNING PROPOSER FOR WEATHER RELATED DIMINUTIONS IN BUSINESS INCOME OR FOR ANY EVENT NOT IN THE CONTROL OF THE DCR. DCR WILL NOT GUARANTEE NUMBERS OF VISITORS OR TYPES OF EVENTS AT THIS LOCATION.

III. Proposal ProcessOverview

A Site Visit prior to submission of a proposal is mandatory. Proposers’ questions must be submitted in writing. Answers to the questions will be posted on COMMBUYS. Interviews of proposers may be held by DCR staff. Proposals received will be evaluated by a panel of DCR staff. When the successful proposer has been chosen, a recommendation to the Commissioner of DCR will be made. Upon approval of the recommendation the apparent winning Proposer will be notified. Any deposits, certificates of insurance, and letter of credit will be due to DCR within ten (10) business days after an announcement of the apparent winning proposal/proposer. A Notice of Award will be issued once all required documents and deposits are received. Should the winning proposer fail to meet these remaining requirements of the RFP or any other related DCR requirements, DCR may make an award to the next available proposer or withdraw the opportunity altogether. Notice of the winning proposal will be posted on the COMMBUYS website.

The DCR reserves the right to accept or reject any or all proposals or any part or parts thereof; to waive any defects, informalities and minor irregularities, reject any and all proposals, and to award the license in the best interests of DCR and the Commonwealth. No costs of responding to this RFP or any addenda or other documents or attendance at meetings in connection with this RFP shall be reimbursed by DCR. No staff or employee of the Commonwealth or DCR shall be charged personally by the Proposer with any liability under any term or provision of the RFP.

Site Visits

A Site Visit prior to proposal submission for the concession is mandatory. Individual Proposers should arrange visit times with local DCR Staff listed below. All proposers must obtain a DCR staff signature showing that they have visited this location and provide such proof with their proposal. All proposals shall be deemed to have been made with full knowledge and understanding of the existing Premises conditions.

Area Manager Peter Hoffmann, Walden Complex Field Operations Team LeaderDCR Walden Pond State Reservation915 Walden Street, Concord, MA 01742Tel: 978-369-3254; cell: 617-680-8602E-Mail: [email protected]

District Manager Kevin Hollenbeck, Metro West District ManagerDCR Great Brook Farm State Park984 Lowell St., Carlisle, MA 01741Tel: 978-369-7834 x4; cell: 617-828-1634E-mail: [email protected]

North Region Director Susan Hamilton, Regional Director


mailto:[email protected]


Department of Conservation and Recreation, North Region25 Shattuck St, Lowell MA, 01852Tel: 978-937-2092 x102E-Mail: [email protected]

Construction Project Manager

Robin Pfetsch, Project ManagerBureau of Planning and Resource Protection251 Causeway Street, Boston, MA 02114Tel: 617-626-4937E-Mail: [email protected]

Questions During the Proposal Period

Written questions must be received by the date in the Proposal Schedule below, at the following address. Inquiries not received by said deadline will not be answered:

Department of Conservation and Recreation, Attn: Long Term Leases & Permits251 Causeway Street, Suite 600, Boston, MA 02114

Fax: (617) 626-1301 or E-mail: [email protected]

To ensure public notice to all prospective Proposers, DCR staff will reply to inquiries that require “interpretation” on http://www.commbuys.com. These questions and answers will be posted on or before the date listed in the proposal schedule below.

Conflict of Interest

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

Presentations and Interviews

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


http://www.commbuys.com/




Correcting, Modifying or Withdrawing Proposals

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

Mandatory Terms and Conditions; Permit Issuance

To commence operations, the Permittee must receive and sign a duly issued Award Notice. Thereafter, the DCR will draft and the parties will execute a permit agreement, based on the Draft Permit Agreement attached to this RFP document. All provisions, conditions and terms herein are obligatory and enforceable during the permit agreement drafting process.

Permit Compliance and Performance

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

RFP Proposal Schedule

Check the COMMBUYS web page for this RFP frequently until an Award is issued for any amendments, answers to questions and changes to this schedule.

Pre-Proposal Site Visit must be completed by February 22, 2016

Written and email questions must be received by February 22, 2016Answers to written questions will be posted February 29, 2016Proposal packages due at DCR Offices (9th Floor) March 11, 2016 by 5:00:00PMInterviews, if any, will be held March 14-18, 2016Proposal Evaluation Period ends and Recommendation to Comm’r

March 21-24, 2016

Deposits and Insurance Certificates will be due within ten (10) business days after notice toapparent winning proposers

After recommendation to Comm’r approved

Award Notice(s) Issued TBD (operation may begin upon Award)Finalized Permit and Placard will be issued TBD – Before Season Begins

IV. Submission Requirements for ProposalAll proposals shall be in writing, in a legible format. The Proposer shall include all materials listed in the following sections. A proposal submitted without these items, or narratives supplying the information, or failing to meet or exceed the minimum proposal amount will be automatically rejected. Any information that contains personally identifiable information, confidential or proprietary information of a third party should be considered carefully, clearly marked as such, and separated if possible.

A. MandatesFailure to submit the following mandated items will result in DCR’s immediate and automatic rejection of a proposal.


1. Completed and signed Certificate of Compliance with State Tax Laws and with Unemployment Compensation Contribution Requirements (attached at the end of this document as Attachment B);

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

3. Documentation from an insurance company or properly licensed broker, authorized to conduct business within the Commonwealth, specifying that the Proposer is qualified to meet and obtain the insurance requirements specified herein.

4. If the proposer is a corporation or LLC, a certificate of good standing is required. If the proposer is a foreign entity and a certificate of good standing from Massachusetts Secretary of Corporation as a foreign registered entity. If the proposer is a local business, please provide a local Business Certificate.

5. List of proposals or contracts proposal has to provide the same or similar services to any municipality, state or other entity currently or within the past ten (10) years, if any.

6. A certification from the proposer that it has visited the site.

7. A written description of the events.

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

9. Compensation to the Commonwealth as detailed in Section E below.

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

11. Proposers must list any lawsuits, administrative hearings, or other legal proceedings in which proposer has been either a party or participant within the last five (5) years.

Proposers should submit information listed in the following sections (B, C, D and E) to maximize the total number of points the Proposer receives.

B. Description of Entity and Related Experience

1. A description and history of the related experience of the entity and of the principal parties including:

a. Resumes of the principals; A list of the names and addresses of all principals who have more than a one percent (1%) financial interest in the business entity. An “organizational chart” or other detailed listing of Proposer’s “chain of command,” the operating personnel and staff members; including a list and comprehensive explanation of all job descriptions for all anticipated operating personnel and staff members.

b. At least two (2) written business references from past clients or entities for which similar services have been provided (contact names, addresses (mail/e-mail) and phone numbers).


c. A list of credit references from employers, employees, vendors, bankers, suppliers and other businesses. Full and current contact information for qualified, competent, responsible and responsive references must be provided.

d. An “organizational chart” or other detailed listing of Proposer’s “chain of command,” the operating personnel and staff members; including a list and comprehensive explanation of all job descriptions for all anticipated operating personnel and staff members.

e. Proposer will be responsible for obtaining background check information from the Massachusetts Criminal History and Sexual Offender Registry Boards.

f. If applicable, any other relevant company or business experience information.

C. Description of Services to be provided1. A detailed written description of the events to be hosted in further detail than described in

Section IV A. Include a written description of the overall vision of events to be hosted and how it will enhance the visitors’ experience (part 1); information about proposed events that demonstrate appropriateness for the park environment (part 2).

2. Hours of operation and staffing plan if not already provided in Section IV A.

D. Financial and Budget Information1. Proposed budget, including operating costs (including, but not limited to, itemization of costs

for expenses, labor and materials).

2. Financial statements for the past two (2) years, including profit and loss statements, balance sheets and cash flows, signed under the pains and penalties of perjury and copies of signed and filed federal and state tax returns for the past two (2) years.

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

4. A description of proposers detailed, comprehensive and auditable cash management plan, plans and controls for avoiding theft, fraud, waste; and proof of reliable accounting support.

E. Compensation to the Commonwealth1. For events that include paid tickets (paid by the public), or include significant advertising or

sponsorship revenue for the proposer, the minimum proposal amount is an annual permit fee of One Thousand ($1,000.00) Dollars per year. For an all free program offering, proposers do not have to pay a permit fee. However, all proposers will have to pay for overtime of DCR staff, mitigation of landscaping elements, and stage repairs if required. All other costs of operating or putting on events shall be the responsibility of the proposer/permittee.

2. Proposals which do not meet said minimum proposal will automatically be disqualified and rejected. Upon issuance of an Award Notice the successful Proposer of paid events shall remit a non-refundable deposit of One Hundred ($100.00) Dollars, to be credited toward the 2016 operating season.


3. The remaining balance of any subsequent annual fee payments shall be paid in even amounts prior to each event. Mitigation and overtime will be invoiced and must be paid prior to the next scheduled event.

4. Annual fee payments shall be due with or without an invoice from DCR. Non-payment is a material breach and may be grounds for immediate suspension and/or termination at any time. All mitigation fees shall be due upon receipt of an invoice from DCR.

5. Payments may be made by:

a. Money order, cashier’s check, or certified bank check and shall be made payable exclusively to the “Commonwealth of Massachusetts.” Payments shall include a notation specifying the park name and town, as well as the Permittee’s name.

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

6. All payments and finance forms shall be sent to the DCR Bank and Account address listed on any invoice or in the case of no invoice direct payments to the DEPARTMENT OF CONSERVATION AND RECREATION, FINANCE OFFICE, 251 Causeway Street, Suite 600, Boston, MA 02114-2119, Attn: Accounts Receivable or CFO.

V. Evaluation Criteria and Rule for AwardWhen formally evaluated by a DCR Proposal Evaluation Committee, the minimum number of points which are acceptable out of the possible 100 points is 50 points. The DCR may consider higher monetary compensation more advantageous than lower compensation.

Mandates Per Section IV A Above All Items Provided?Proposal Information Range of PointsDescription of Entity Per Section IV B above 0-20

Description of Services

Per Section IV C above 0-30

Finance and Budget Information

Per Section IV D above 0-20

Compensation Per Section IV E above 0-30Interviews Per Section VIII below NO POINTS

Total Possible Points 100


VI. Submission InformationProposals must be delivered to the following EXACT Mailing Address:

Department of Conservation and RecreationOffice of Long Term Leases and Permits

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

ATTN: RFP # DCR 2016 300

PROPOSALS MUST BE RECEIVED AT THE ABOVE ADDRESS NO LATER THAN: 5:00 P.M. ON MARCH 11, 2016

IF DELIVERING PROPOSALS IN PERSON BRING PACKAGE TO THE 9TH FLOOR WELCOME DESK.

Tips and Reminders:

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

All envelopes or containers shall be clearly labeled with “RFP # DCR 2016 300” and include a return name, address, and e-mail or phone number on the outside of the envelope. Please include a signed cover letter inside the envelope detailing: contact name, organization mailing address, telephone number (s), cellular telephone contact number(s), and email address(es) and a list of contents should also be included.

Proposals shall clearly state a proposed permit fee compensation offer in US Dollars for each year of operation. Make sure all words and numbers match. No special preference will be given to proposals received early. No late entries will be considered.

ALL QUESTIONS SHOULD BE SENT TO: [email protected].



ATTACHMENT A- PROPOSAL SUBMISSION FORM

Request for Proposals for Entertainment Programming at Sampas Pavilion and Vandenberg

Esplanade, Lowell, MARFP # DCR 2016 300

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

I, ______________________________ (Proposer) acknowledge receipt of the DCR’s Request for Proposals for Request for Proposals for the above referenced activity, and submit the following proposal in response thereto:

A. Proposal Format

Operating Year Minimum proposal/year include any escalators or

additional amounts

Projected Expenses, costs, etc.

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


B. Acknowledgements and Conditions

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

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

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

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

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

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

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

h. DCR is soliciting competitive proposals pursuant to a determination that such a process best serves the interests of DCR and the general public, and not because of any legal requirement to do so. The Proposer acknowledges DCR’s right to accept or to reject any or all proposals, to withdraw or amend this RFP at any time, to initiate negotiations with one or more Proposers, to modify or amend with the consent of the Proposer any proposal prior to acceptance, to waive any informality to effect any agreement otherwise, all as DCR in its sole judgment may deem to be in its best interest.

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


any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

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

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

C . Site Visit Verification

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


SITE INSPECTION VERIFICATION

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

DCR Staff: ____________________________ __________________________________ Name Signature

Title: _______________________________________ Time/Date: ______________

ATTACHMENT B - (Park Map, photos, etc.)


ATTACHMENT C – Certificate of Compliance

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

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

__________________________________, authorized signatory for

___________________________________________ whose principal place of business is at

______________________________________________________________________________

______________________________________________________________________________

do hereby certify, under penalties of perjury, that ______________________________________

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

laws pertaining to contributions to the unemployment compensation fund and to payments in lieu

of contributions.

The Business Organization Social Security Number or Federal Identification Number is

_________________________________.

Signed under the penalties of perjury this ________ day of ________________________

20_______.

Signature: _________________________________________________

Name and Title: _____________________________________________


ATTACHMENT D – MA FORM W-9 (use only this year and version)


ATTACHMENT E – EFT Sign Up Form


ATTACHMENT F -- DRAFT PERMIT AGREEMENTNB: THIS DRAFT PERMIT CONTAINS THE BASIC MANDATORY TERMS AND CONDITIONS

REQUIRED BY DCR BUT MAY NOT CONTAIN ALL THE TERMS OF THE ULTIMATE PERMIT AGREEMENT ISSUED TO THE WINNING PROPOSER

SPECIAL USE PERMIT AGREEMENTISSUED BY

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF CONSERVATION AND RECREATION

TO

This Permit Agreement is hereby issued by the Commonwealth of Massachusetts, acting by and through its Department of Conservation and Recreation (hereinafter the DCR), having a principal place of business at 251 Causeway Street, Suite 600, Boston, Massachusetts, 02114, to ., having a legal address of , (hereinafter the Permittee) for a concession operation located inside the ____ at _________, MA. The DCR and the Permittee are each referred to as a Party to this Permit Agreement and are collectively referred to as the Parties to this Permit Agreement.

WHEREAS, the ___ is in the care custody and control of DCR; and

WHEREAS, the DCR publicly advertised a Request for Proposals (hereinafter “RFP”) to operate, manage and maintain at the _____ ; and

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

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

WHEREAS, the DCR has the authority pursuant to Massachusetts General Laws Chapter 132A §7 and c. 92 § 33, and the rules and regulations promulgated thereunder,

(including but not limited to, Titles 302, 304 and 350 of the Code of Massachusetts Regulations, and specifically 302 CMR 12.00), as amended, and all other powers enabling and applicable; and

NOW, THEREFORE, the DCR hereby grants to the Permittee the right to operate, manage and maintain a fixed food concession in an area as defined and designated by the DCR Park Supervisor or designated DCR managerial staff member, located at, MA, (“hereinafter “Premises”), subject to the following terms and conditions:

1. PERMIT AGREEMENT TERM

a. The Term for the use authorized herein shall be for a period of __________, commencing on ___ 2016, and terminating on ____, renewable for up to ____ additional terms at the discretion of the Commissioner of DCR and subject to review of the Permittee’s performance and compliance with all terms and conditions of this Permit Agreement.

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

c. Permittee's use of the ____ and other portions of the Premises are not exclusive unless otherwise specifically provided for herein. Members of the general public and other permittees may use the site subject to the rules and


regulations of DCR.

2. CONSIDERATION

a. In exchange for use of the Premises for its business, the Permittee has proposed and shall be required to pay to DCR the total consideration of:_________ ($__,000.00) Dollars per season/year as set forth in the Permittee’s Proposal. Permittee shall pay all mitigation expenses as invoiced by DCR.

b. Payment for the first year’s Term, in the amount of _______($---000.00) Dollars shall be paid as follows: $ by ____, 2016. Payment for any subsequent season shall be paid in the same manner or in one lump sum.

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

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

abatement.

e. Payments may be made by using a money order, cashier’s check or certified bank check and shall be made payable exclusively to the “Commonwealth of Massachusetts.” Payments shall include a notation specifying “Sampas Pavilion Events” as well as the Permittee’s name or vendor code.

f. If Permittee desires to make its remaining payments by electronic fund transfers (EFTs), EFT Sign up forms can be obtained at this link: https://massfinance.state.ma.us/VendorWeb/EFT_FORM.pdf. Fill out the form and send it along with a W-9 Form to the DCR Finance Office. Payments shall be sent to the account and address on any invoice or directly to:

Department of Conservation and Recreation

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

Attn: Finance Office, Accounts Receivable

g. EFT Payments must include the Permittee’s Vendor Code Number and Permittee should send an e-mail or fax confirmation to the DCR Finance Office.

3. CONCESSIONS AND SERVICES

a. The Permittee shall operate, manage and maintain a concession that rents and sharpens skates and sells packaged food, at the Premises and shall not be utilized for any other purpose. See Exhibit A, attached and incorporated hereto on specific service conditions and requirements applicable to the referenced business.

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

4. OPERATING SCHEDULE; SERVICE PRICING

a. The minimum operating schedule shall be consistent with the opening and closing of the ____ and as listed in Exhibit A attached hereto. Additional schedule changes shall be coordinated with the____ Park supervisor.

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

c. Should the Permittee be required or compelled to close it must give notice to the DCR____ Park supervisor and the Office of Long Term Leases and Permits. Permittee’s decision to open or close when the ____ is opened and operating by DCR will not constitute a reason for abatement of the proposed concession fee without approval in writing from DCR’s office of Long Term Leases and Permits and Finance Departments.

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

provisions of this paragraph.

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

f. Fees, rates, additional charges and discount details must be made clear to patrons in all signage. Any discount rate and validation agreements with third parties should be submitted to DCR for prior approval. Permittee shall post notice of any changes to fees, rates, charges and discounts for patrons and provide DCR with such information prior to institution of new fees, rates, and charges.

g. All service rates shall be reasonably priced in accordance with those offered throughout the industry. Rate sheets and pricing changes should be furnished to DCR prior to the beginning of each season/year.

5. PERMITTEE’S EMPLOYEES (as applicable)

a. The Permittee shall hire qualified, competent employees, in sufficient numbers to provide an efficient service to the public. Permittee is responsible for obtaining and reviewing CORI and SORI reports of its staff and employees.

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

c. The Permittee shall deliver to the DCR ____ park supervisor an up-to-date list of all employees including contact information at the start of each


operating season, the delivery schedules if any, and when changes to the staff are made. A copy of this information may be provided to the DCR Office of Long Term Leases and Permits.

6. CONDITION OF PREMISES

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

b. The location of the Premises shall be determined solely at the discretion of the appropriate Park Supervisor or designated DCR staff member. The aforementioned Park Supervisor or DCR staff member may change the location of the Premises at any time during the Term of this Permit Agreement. The Permittee shall strictly comply with the instructions of DCR staff. Should questions arise concerning the premises, schedule or other matters, permittee may discuss the matter with the ____ Park Manager and the Office of Long Term Leases and Permits.

c. No public address system, amplified sound or signs, or amusement, video, electronic or coin-operated games or machines shall be permitted on the Premises without the prior approval of the DCR. Any music used within the Premises shall have final approval of the DCR. No automobile, truck,

generator or other equipment (‘equipment”) shall be allowed on the Premises or to remain if such equipment emits excessive exhaust, noise, oil or other liquids, gases or smells.

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

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

f. The Permittee shall be solely responsible (financially and for labor costs) for any damage, destruction, vandalism or similar caused to the Premises by the Permittee, its members, guests, business invitees, agents, employees or similar. Any damage shall be immediately repaired to the satisfaction of the Park Supervisor and Regional Manager. Said repairs shall be performed immediately.

7. INSPECTIONS AND REPORTS

a. The Permittee shall arrange for inspections by local health officials, utilities engineers, building inspectors and others as may be required to operate this concession lawfully and properly. Permittee shall notify DCR of any inspections and the results of any inspections

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


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

8. CONSTRUCTION ON THE PREMISES

a. Any proposed improvements, modifications, or build-out of the Premises shall be subject to written pre- approval by the DCR Commissioner after review and approval by the DCR Director of ____ parks, in consultation with the Division of Planning and Resource Protection, Engineering Department, the applicable Regional staff and the Office of Long Term Permits and Leases. All costs incurred under this section (including but not limited to local, state and federal permit application fees, construction, labor, materials, professional landscaping, architectural fees, etc.) are the sole responsibility of the Permittee and require pre-approval prior to expenditure. Note prevailing wage and contractors insurance may be required depending on the nature of the work. Ordinary and everyday maintenance, such as minor repairs (refastening shelves, repairing floor marks, fixing window screens or covers) may be performed by the Permittee; any changes to the infrastructure of the building may be done by the Permittee and its contractors, after pre-approval by DCR as noted above, and by utilizing properly licensed and insured contractors. Additional permits from DCR and other state and local agencies may be required.

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


commence.

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

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

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

9. UTILITIESa. The Permittee shall be responsible for

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

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

10. EQUIPMENT MAINTENANCE AND REPAIR; LEASED EQUIPMENT

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

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

c. The Permittee shall identify and notify DCR of any leased equipment to be used on the Premises prior to the execution of the permit or whenever acquired by Permittee. The Permittee shall be solely responsible for any obligations under any leases. Vending machines, if any are approved, shall be operable whenever the Premises are available to the public. The Operator shall be solely responsible for the installation and maintenance (cleaning, filling, repairs, etc.) of the


Machines. Advertising on leased equipment shall be kept to a reasonable amount and pre-approved by DCR’s External Affairs Department per Section 11 below. At the termination of this agreement, it will be Permittee’s responsibility to fulfill any remaining obligations under the lease arrangement so that title to said equipment can be passed directly to the Commonwealth prior to Permittee vacating the Premises. Equipment shall be described in detail that includes brand name, type of equipment and serial number, if applicable.

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

11. ADVERTISING; MARKETING

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

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

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

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

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

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

f. The Permittee shall withdraw any advertising or desist from any promotional activity, upon request from the DCR, should the DCR determine that such advertising or promotional activity is inappropriate, against policy or the rules of any applicable law, rule or regulation of any federal or state agency.

g. The DCR retains the right to refer to


the facilities on the Premises in any advertising or promotional activity as its own.

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

12. ACCOUNTING AND REPORTING

a. The Permittee shall deliver to the DCR, Attention: Office of Long-Term Leases and Permits by the end of each season (no later than March 1st of each season/year a basic summary report, or a financial statement (or if available an audited financial statement by a certified public accountant) showing the current or prior seasonal income, expenditures, and number of patrons on a consistent basis (i.e. daily, weekly, or monthly), the reports may consist of any of the following: a balance sheet, profit and loss, income statement, statement of cash flows for the prior season, or a copy of any financial information relating to the Premises as reported to the Massachusetts Department of Revenue, Attorney General’s Office, or the Internal Revenue Service.

b. All sales of any nature on the Premises and related to the business of the Permittee should be immediately and properly recorded using an auditable sales system (paper or electronic) provided by the Permittee and satisfactory to the DCR Park Supervisor, Regional Manager, and Office of Finance, Chief Financial Officer. If consecutive daily readings are possible, such shall be taken from

each machine or system showing all sales and tax categories, and posted to a daily sales report. Permittee shall also maintain a journal or log which records the daily volume of patronage. Such reports shall be provided to DCR’s Office of Finance and Office of Long Term Permits and Leases on a monthly or seasonal basis and additionally upon request. If daily reporting is not possible such information shall be prepared at least monthly.

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

d. The Permittee shall pay all expenses incurred in providing the above described reports at its sole cost. The Permittee acknowledges the importance of these reports and that the failure to provide these reports is a material breach of its responsibilities under this Permit Agreement.

13. TAXES; CORPORATE REPORTING

1. The Permittee shall be responsible for prompt payment of any and all applicable federal, state and local taxes, including but not limited to the


Massachusetts state meals tax, as levied on the operations conducted under the exercise of this Permit Agreement. Failure to make timely payment of taxes for which Permittee is responsible shall be cause for termination of this Permit Agreement pursuant to the termination provisions in this Agreement.

2. If Permittee is a 501 c 3 tax exempt organization it shall provide proof of such to DCR and maintain its status throughout the term of this Permit Agreement.

3. Permittee shall keep all its local, state and federal filings up to date throughout the term of this Permit Agreement.

4. RISK OF OPERATION AND INDEMNIFICATION

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

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

c. The Permittee shall agree to defend, hold harmless and indemnify the Commonwealth of Massachusetts, the DCR and its agents, officers and employees from any claims arising out of any violation of any law, ordinance or regulation affecting the activities

authorized herein by this Permit Agreement, from any claims for personal injury or death or damage to personal property, of whatever kind or nature, arising from the Permittee’s activities on the Premises, including claims arising from the negligence or carelessness of the Permittee, its contractors, agents, representatives, employees, permittees, licensees, guests and invitees, as authorized under this Permit Agreement and claims arising from the Permittee’s failure to provide adequate security on the Premises.

d. The Permittee shall not make any claims against the Commonwealth or the DCR for any injury, loss, or damage to persons, including bodily injury or death, or damage to property arising out of or in connection with the actions or omissions of the Permittee, its contractors, agents, representatives, employees, permittees, licensees, guests and invitees, as authorized by this Permit Agreement, except for the gross negligence or gross misconduct of the DCR, its contractors, agents, representatives, employees, permittees, licensees and invitees.

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

5. INSURANCE

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

i. General/Public/Products Liability Insurance. The Permittee shall carry


appropriate public liability insurance as to third persons and products liability insurance against claims based upon the services provided in the minimum amount of One Million ($1,000,000.00) Dollars per occurrence and a minimum of Two Million ($2,000,000.00) Dollars in the aggregate, or such higher amounts of liability insurance coverage the DCR shall reasonably require from time to time.

ii. Insurance for Commonwealth Property, if applicable. The Permittee shall furnish proof of property damage insurance for Commonwealth and DCR equipment in the minimum amount of Two Million ($2,000,000.00) Dollars or such higher amounts of liability insurance coverage the DCR shall reasonably require from time to time.

iii. Fire and Casualty Insurance . The Permittee shall carry fire and casualty liability insurance for its own equipment and inventory in the minimum amount of Five Hundred Thousand ($500,000.00) Dollars or such higher amounts of liability insurance coverage the DCR shall reasonably require from time to time.

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

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

Department of Conservation and Recreation

Office of Long Term Leases and Permits,

Attention: Manager251 Causeway Street, Suite 600, Boston, MA 02114Fax: 617-626-1351 or 1301; E-mail: [email protected]

North Region, Metro West District, Walden Complex

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

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

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



6. COMPLIANCE WITH LAWS

a. The Permittee shall comply with all federal, state, local and other governmental statutes, regulations and ordinances affecting the Premises and the Permittee’s activities thereon and shall cause its employees, contractors and agents to do the same.

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

c. Permittee shall provide proof that it carries and follows all required federal, state, and local health, safety and worker related information each season/year.

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

7. LICENSES AND PERMITS

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

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

8. HAZARDS AND REPORTING SYSTEM

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

b. The Permittee shall immediately (within 24 hours) verbally notify DCR staff of any injuries, closures, property damage or related incidents that occur on the Premises and shall provide written notice to the DCR within three (3) calendar days of said incident. The written notice shall provide a detailed account of the incident including but not limited to the nature of the incident, the names of any individuals involved and the names of any and all witnesses, all phone numbers, addresses and contact information of affected individuals and witnesses and the names of any agencies (federal, state, and/or local) that responded to the incident.


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

9. HEALTH, ENVIRONMENTAL AND SANITARY STANDARDS

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

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

c. The Permittee shall when possible recycle all cardboard and plastic materials used in the operation of the concession and shall encourage its vendors and patrons to do the same. Other recycling (i.e. food waste or other items) may require additional licenses and permits from other entities (local ConComm, Mass. Department of Environmental Protection, etc.) or shall be properly disposed according to local or state ordinance, bylaw, regulation or law. Any such permits shall be obtained by the Permittee after notice and approval by DCR in writing. Knowledge of applicable laws is the burden of the Permittee.

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

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

f. As applicable for food trucks, mobile carts with engines, etc. Permittee shall control and avoid unnecessary


engine idling which can be a significant source of air pollution, particularly for people near the source. M.G.L Chapter 90, §16A, provides that:

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

Electric sources for permittee power or mitigation of exhaust should be explored and used. DCR does not guarantee secondary sources of power. The burden of outfitting any vehicles and obtaining such power is the responsibility of the Permittee with guidance and approval by DCR.

10. USE OF HAZARDOUS SUBSTANCES OR CHEMICALS

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

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

compliance.

11. ACCESS AND INSPECTION

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

12. LAND MARKERS AND MONUMENTS

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

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

13. NON-DISCRIMINATION

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


training, including apprenticeship.

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

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

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

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

14. TERMINATION

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

b. The DCR may terminate the Permit Agreement without penalty for or in the event of an elimination of an

appropriation or availability of sufficient funds for the purposes of this Agreement, or in the event of an unforeseen public emergency mandating immediate DCR immediate action. DCR reserves the right to revoke this license without cause.

c. DCR may terminate this Permit Agreement for any other reason given at law, including filing or petition for bankruptcy of the Permittee, by giving written notice of termination to the Permittee at least thirty (30) calendar days prior to the date of the proposed termination. Permittee may be granted the right to cure any such condition, by curing said condition within ten (10) business days of receipt of notice. If the condition cannot be cured within ten (10) days, Permittee must give written notice with a thorough explanation of why additional time is required. The grant of additional time is within the sole discretion of the Commissioner of DCR.

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

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

f. Upon termination, permittee shall leave the Premises in broom clean condition for fixed locations and in a


natural condition for outdoor locations. Broom clean shall mean no debris, oil, containers, or other items of any kind left behind; all grass repaired, all electrical items, detached, all grease traps, air filters, grease/cooking filters must be professionally cleaned prior to departure; all walls, floors, and window and window sills shall be cleaned, patched and re-painted; window and door screens must be in place and whole; all of the above to the satisfaction of the Park Supervisor; and aside from reasonable wear and tear, in a condition for use by DCR or any other user or new permittee. Excessive damage or repair costs incurred by DCR may be charged to the permittee. Failure to leave the premises in a reasonably clean condition may constitute a detrimental point of record against the permittee on future opportunities, collection costs, etc. The condition and any mitigation or repairs may be determined by the Park Supervisor with Permittee prior to the end of the Agreement. Any fixtures to walls or the ground shall either remain as fixtures or upon agreement of the parties be removed promptly (i.e. within fourteen (14) calendar days after termination of this Agreement unless otherwise agreed between the parties in writing). Any equipment not removed within fourteen (14) calendar days or any agreed upon time, may be disposed of by DCR.

g. Failure to vacate; holdover.

If the permittee does not have an authorized extension in writing and should the Permittee remain on the Premises, continuing to operate past the agreed upon termination date

without an extension or other express written permission of DCR, Permittee shall be charged and shall pay 100%-200% of the agreed upon consideration as provided in Paragraph 2, maintain continued insurance, and continue compliance with the terms of this agreement until Permittee removes itself and its personal property from the Premises pursuant to this Paragraph and subsections until permittee fully vacates the Premises in accordance with a written notice from DCR. Such amount may be prorated on a daily, weekly or monthly amount. Holdover may also be defined as the failure to remove large unwanted items, fixtures, or equipment; any sub-user or other type of occupant from the Premises at the end of the term of this Permit Agreement also constitutes a holdover by Permittee. Permittee is authorized to act on behalf of DCR for the limited purpose of removal of any sub-user or occupant, even after termination of the Permit Agreement. Permittee may be charged with any removal and restoration costs. Should there be any authorized or unauthorized sub-user (including spouse, partner, shareholder, employee, etc.) of the Premises, the Permittee shall be responsible at its sole cost and expense for removing any person or entity authorized or unauthorized by the Permittee from the Premises who may have been on the Premises prior to the termination of this Permit Agreement and continues to occupy a portion of the Premises thereafter.

15. STATUS OF PERMIT AGREEMENT

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


licensor.

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

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

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

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

f. Any use of the Premises by the Permittee that is inconsistent with the terms of this Permit Agreement shall be deemed a material breach of the Permittee’s rights and obligations under this Permit Agreement and constitutes grounds for termination of this Permit Agreement.

16. ASSIGNMENT AND SUBLETTING

a. The Permittee shall not assign, sublease, transfer or otherwise dispose of its management responsibilities or

of any right, interest or use of the Premises covered by this Permit Agreement without the prior non-electronic written consent of the DCR. Any such disposition without the written consent of the DCR shall constitute a material breach of this Permit Agreement which shall be cause for immediate termination of the Permit Agreement by the DCR. There are no third-party beneficiaries to this Permit Agreement.

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

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

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


real property of the DCR.

17. OWNERSHIP; CORPORATE STATUS

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

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

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

18. WAIVER

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

19. FORCE MAJEURE

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

All obligations at the site(s) of the Department of Conservation and Recreation hereunder are subject to the availability of funds and to such direction and instructions as may have been or are hereinafter provided by the Governor or the General Court.

20. MERGER CLAUSE, ATTACHMENTS

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

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

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


21. FORUM

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

22. SEVERABILITY

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

23. MODIFICATIONS OR AMENDMENTS

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

24. NOTICE

For purposes of this Permit Agreement, the Parties hereto shall be deemed duly notified of any information or issues arising from the operation under this Permit Agreement in accordance with the terms and provisions hereof only if written notices are provided by in hand,

overnight courier, or first class mail, with copies by fax or e-mail, to the following persons at the indicated addresses, subject to change upon notice in writing to that effect by either party:

DCR

CommissionerGeneral Counsel

Long Term Permits and Leases ManagerAll at

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

Tel:(617) 626-1250; Fax (617) 626-1351E-Mail: [email protected]

PERMITTEE

(Signature Page follows)

SIGNATORIES

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

DEPARTMENT OF CONSERVATION AND RECREATION

__________________________________________Leo P. Roy, Commissioner

Date: ____________________________

.

___________________________________Signature___________________________________Printed name___________________________________Title

Duly Authorized:



tel:(617)%20626-1250

Date: ______________________________

EXHIBITS TO PERMIT

EXHIBIT A – CONCESSION SPECIFIC SERVICES AND REQUIREMENTSEXHIBIT B – RFP, AWARD NOTICE, PROPOSAL EXCERPTEXHIBIT C – SUMMARY REPORT FORMEXHIBIT D – CONTACT SHEET


EXHIBIT A – PERMTI SPECIFIC

SERVICES AND REQUIREMENTS

If and as applicable, Permittee shall comply with the following requirements:

a. PERMITTESS MUST REVIEW THE DCR PARK REGULATIONS AT 302 CMR 12.00. See http://www.mass.gov/courts/docs/lawlib/300-399cmr/302cmr12.pdf.

b. Operating Schedule Per Proposal:

c. All services, products and other goods offered for use or consumption by the permittee shall be healthy, of high-quality and appropriate for sale and/or use at the Premises, subject to review and to the satisfaction of the Commissioner of DCR.

d. The Permittee shall recognize the interest of the DCR in assuring that consistently high-quality services and merchandise are available to the public at reasonable prices. Pricing shall not exceed average prices for like goods and services in the “local economy,” the area within five (5) mile radius of the Premises or in or current industry standards, and such pricing is subject to, and contingent upon, the approval of the DCR and is subject to and contingent upon the approval of the DCR.

e. The sale, distribution, possession, use, advertisement or display of alcoholic beverages, cigarettes and other tobacco or nicotine related products or lottery games, tickets, or similar on the Premises is prohibited by DCR regulations and by certain state and local regulations. Alcohol Service

Waivers for Special Events

f. Vending machines shall not be permitted without the prior non-electronic written approval of the DCR

g. The DCR may schedule special events at the ____ park or allow other permittees to do so. The sponsors and/or special event personnel may be permitted to offer similar items as those offered by permittee. The Permittee shall make every effort to accommodate such events.

h. The Permittee shall only use environmentally compatible, biodegradable serving products (including but not limited to plates, cups, napkins and utensils). The Permittee shall not serve, sell, or distribute items that cause undue litter.

i. Serving counters shall not be used for the open display of food or other products (excluding items such as napkins, condiments, salt and pepper) and shall be kept clear and clean. All condiments shall be in sealed, sanitary containers appropriate for the park environment. All condiments and paper products shall be designed and secured so as to reduce trash (recyclable).

j. At the request of the DCR, the Permittee shall provide a bulletin board near the serving window and allocate space for advertising of DCR facilities, programs and events.

k. Permittee shall observe all applicable federal, state and local fire, health, building and safety related codes, regulations, bylaws and rules. Including but not limited Section 590 of the Massachusetts Department of Public Health Regulations under title 105 of the Code of Massachusetts Regulations.


http://www.mass.gov/courts/docs/lawlib/300-399cmr/302cmr12.pdf

http://www.mass.gov/courts/docs/lawlib/300-399cmr/302cmr12.pdf

l. Electrical outlets shall not be overloaded and shall have surge and overload protectors; energy efficient appliances and green products should be considered and used where possible. Cleaning products should be approved for use by applicable health and environmental authorities and cleaning products should have proper labeling and safety/emergency information nearby for employee use.

m. The Permittee shall not store any items outside the Premises in such a manner as to cause extension of the premises or unsightly piles. Storage of items shall not block exits, windows, grease or exhaust traps. Any and all related deliveries shall be made in such a manner as to have the least negative impact on the visiting public.

n. At the end of each season/year all personal items and food should be removed or locked away. All counters, walls, windows and shades/covers, and appliances shall be cleaned and made ready for removal or use for next season. The Premises shall be made broom clean and safe

(unplugged if applicable).

o. The Permittee shall be solely responsible (financially and for labor costs) for any damage, destruction, vandalism or similar caused to the Premises by the Permittee, its members, guests, business invitees, agents, employees or similar. Any damage shall be immediately repaired to the satisfaction of the, Park Supervisor, or Regional Manager. Said repairs shall be performed immediately, by licensed contractors when required, and with proper permits, and contractors insurance

.


EXHIBIT _ - SUMMARY REPORT FORM

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

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

Permittee Location:

Days of Operation:

Months of Operation and Year

Customer/Patron count (can average):

Daily Weekly Monthly Season/Total

Summary Sales Information:

Income Gross

Expenses

Donations

Site Improvements – if pre- approved in writing

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


Jan Feb Mar AprMay Jun July AugSep Oct Nov Dec


EXHIBIT _ - CONTACT SHEET

DCR MassParks Walden Complex

Metro West District

North Region

Legal/Permits Office of Long Term Permits and Leases, Attn: ManagerDepartment of Conservation and Recreation251 Causeway St., Ste. 600, Boston, MA 02114Tel: 617-626-1250; Fax: 617-626-1351E-Mail: [email protected]

Finance Stephen Scapicchio, Acting Revenue Director Department of Conservation and Recreation251 Causeway St., Ste. 600, Boston, MA 02114Tel :( 617) 626-1322; Fax: 617-626-1449E-mail: [email protected];

Special Events Janice Parlon, Special Events ManagerDepartment of Conservation and Recreation251 Causeway Street, Suite 600, Boston, MA 02114Tel: 617-626-1486; Fax: 617-626-1351Special Event Permits available at: http://www.mass.gov/eea/agencies/dcr/massparks/permits-rentals/special-use-permits.html E-Mail: [email protected]

PERMITTEE



http://www.mass.gov/eea/agencies/dcr/massparks/permits-rentals/special-use-permits.html

http://www.mass.gov/eea/agencies/dcr/massparks/permits-rentals/special-use-permits.html



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